Board finds no evidence the engineer knew or should have known his filed plans were inaccurate. On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB. The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, however when a DOB inspection was conducted on September 25, 2014 the subject building was actually four stories. Mr. Philogene contested the summons with the Environmental Control Board, arguing the amended plans were based on a professional architectural survey given to him by the building owner, and showing the building as three stories tall. Mr. Philogene argued this conformed to his initial personal inspection in February 2014, where the building was three stories, and he did not know or have reason to know the fourth story had been added. The hearing officer credited Mr. Philogene and dismissed the NOV.
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The Staten Island Main Post Office. Image credit: PMCC Post Office Photos
ECB found federal Postal Service not exempted from Noise Code on grounds of preemption. On April 4, 2014 the Department of Environmental Protection issued a notice of violation against the Staten Island Main Post Office for operating an air conditioning unit in excess of the allowable decibel limit under the City Noise Code. The Post Office contested the notice with the Environmental Control Board, arguing the United States Postal Service was “an independent establishment of the executive branch” of the federal government, and therefore the local code was preempted under the Supremacy Clause of the US Constitution. The hearing officer found the Board lacked jurisdiction over the matter and dismissed the notice.
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HPD brought charges of tenant harassment against an Aimco-owned building in the Upper West Side. Image credit: HPD
Testimony showed landlord Aimco routinely ignored maintenance requests and issued baseless eviction threats. The NYC Department of Housing Preservation Development charged Aimco with a dozen different forms of harassment against their tenants. Aimco is the owner of the Tempo, a Class A hotel at 238-244 West 73rd Street, with 150 rent-stabilized single-room occupancy (SRO) units and 75 SRO units rented at market-rate. Aimco’s representative, John Bezzant, denied the charges and petitioned for a certificate of no harassment. On January 5, 2015 Administrative Law Judge Kevin F. Casey found sufficient evidence of harassment and recommended denial of Bezzant’s petition.
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Owner of individual landmark was ordered by Buildings to obtain a permit to correct illegal work. On September 10, 2013, Marilyn Levine, owner of an individually landmarked 1846 Greek Revival townhouse at 5 West 16th Street in Manhattan, was issued a notice of violation (NOV) by the Department Buildings for failing to comply with an order to obtain a Buildings permit to correct a violation for work done without a permit. The original violation was issued on June 10, 2013. (read more…)
Respondents argued DOB-approved alteration plans sufficient to change occupancy of premises from cabaret to adult establishment. On October 13, 2011, the City’s Department of Buildings (DOB) issued notices of violations to 725 7th Avenue Realty Co. for illegal use of the premises as an adult establishment, as well as illegal use of the second floor and cellar. The premise is currently occupied by the Lace Gentlemen’s Club located at 725 7th Avenue in Manhattan.
The premises’ Temporary Certificate of Occupancy (TCO) allows for the cellar to be used for storage, the first floor as a cabaret, and the second floor for retail. However, the issuing officer found the cellar being used as the entertainer’s lounge, and the first and second floors as an adult establishment. The owner argued that altering the cabaret to an adult establishment was allowable since both are within zoning use group 12, as well as occupancy group F-4, as stated in the TCO. Both of these groups cover eating and drinking establishments with dancing and entertainment. In addition, the owner argued that DOB already approved the alteration plans but admitted the TCO did not reflect the approved changes. At the hearing, the administrative law judge (ALJ) upheld the violation finding the use as an adult establishment, and the cellar and second floor uses were illegal occupancies since it didn’t adhere to the TCO.
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