2422 West 1st Street, Brooklyn

Brooklyn property with two-family home was being used as contractor yard, junk salvage, and for commercial vehicle storage. Between December 2011 and April 2012, the City Department of Buildings sent inspectors three times to 2422 West 1st Street between Avenues X and Y in Gravesend, Brooklyn. The R4 residentially zoned lot is occupied by a two-story, two-family home. The inspectors, during their visits, observed in the property’s rear and side yards construction equipment and tools; wood, bricks, and plastic containers; and a commercial vehicle advertising N.B. Construction. The property’s certificate of occupancy permits only a two-family dwelling, and no commercial or manufacturing uses are permitted on the property as of right. Buildings sought an order to seal the lots under the padlock law to halt an alleged public nuisance.

Prior to a hearing at OATH, one of the property’s co-owners agreed to discontinue the illegal use. Another co-owner, Mohammed Ghuman, and BNY Mortgage Co. LLC, failed to appear at the hearing. ALJ Astrid B. Gloade credited Buildings’ evidence that the owner and occupants had used the lot to store commercial vehicles, an impermissible commercial use, and as a contractor’s yard and salvage storage yard, both impermissible manufacturing uses. The uses violated both the zoning resolution and the property’s certificate of occupancy. ALJ Gloade recommended that Buildings seal the property in a way that would not impede on the residential portion of the premises.

DOB v. 2422 West 1 Street, Brooklyn, OATH Index No. 1909/12 (July 24, 2012).

Occupants illegally used driveway and yard of residential property for automobile repair, salvage, and dead storage. Between 2009 and 2011 the Department of Buildings sent inspectors six times to 610 Mead Street in the Van Nest section of the Bronx. The R5-zoned property contained a two-story, two-family building with a one-car garage on the first floor. The inspectors observed over the course of their visits automobiles in various states of repair in the driveway, including a damaged vehicle with its front end removed, and two cars under repair with one elevated on a jack and one without a license plate. The inspectors also observed in the property’s rear yard automobile parts, garbage, additional unlicensed vehicles, tires, junk storage, and automobile parts. Buildings sought an order to seal the premises under the padlock law to halt an alleged public nuisance.

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Owner of vacant residential lots stored vehicles and construction materials. A Department of Buildings inspector visited four R4-zoned residential lots located on 78th Street between Dumont and South Conduit Avenues in Lindenwood, Queens. The inspector, during three visits, observed stored on the site a large excavator and two commercial trucks, and construction tools and equipment, including a drilling machine, a generator, and large quantities of lumber and pipes. Subsequently, Buildings sought an order to seal the premises under the padlock law to halt an alleged public nuisance.

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Repairs to building subject to 1938 Building Code triggered new minimum height requirements. In February, June, and October of 2010, Buildings issued notices of violation to the owner of 331 Columbus Avenue, Manhattan. The issuing officer in each instance observed the same violation of the 2008 Construction Codes: brick parapet walls on the roof were not 42 inches in height.

At a hearing, the owner conceded that the walls in question were less than 42 inches in height, but argued that the 1938 Building Code, and not the 2008 Building Code, applied to the building. The owner submitted a 1988 certificate of occupancy in support of this contention, and also submitted a Buildings- approved application from 2007 which requested review under the 1938 Building Code. The application sought to replace and repair the parapet walls.

Buildings countered that the parapet walls would have remained “grandfathered” under the 1938 Building Code had the 2007 work not been performed. But, Buildings continued, performing the approved work in 2007 subjected the work to a 1960 amendment to the 1938 Building Code. The amendment required that parapet walls have a height of 42 inches. An ALJ ruled against the owner, and the owner appealed to the Environmental Control Board.

The Board denied the appeal, ruling that the owner had violated the cited section of the 2008 Construction Codes by failing to comply with the 1938 Building Code, as amended in 1960. Once the owner elected to alter the building in 2007 under the 1938 Building Code, compliance with the 1960 amendment became necessary.

NYC v. 60 West 76th Street, ECB Appeal No. 1100643 (Sept. 22, 2011).

Adolfo Carrión, Jr. hired architect for private job at same time architect worked on project that Carrión later recommended for approval. Hugo Subotovsky worked as an architect on a Bronx development project known as Boricua Village. Atlantic Development Group LLC was the developer, and Peter Fine, one of Atlantic’s principals, was part of the team seeking City approval for the project through the City’s land use review process. Subotovsky was also part of this team. During the approval process, then-Bronx Borough President Adolfo Carrión, Jr. asked Fine, his friend, about hiring an architect for renovation work on his home. Fine suggested Carrión speak to Subotovsky, and Carrión later hired him to do the work. Carrión did not know of Subotovsky’s involvement in Boricua Village, but knew him as an architect that had worked on other projects that were submitted to the Bronx Borough President’s office for review.

Subotovsky performed the architectural work for Carrión, and the Department of Buildings issued the corresponding work permits on January 21, 2007. On or about January 22, 2007, the Boricua Village project was sent to Carrión’s office for review, and Carrión recommended its conditional approval. Carrión paid the builders after the initial work was completed, but Subotovsky did not issue a bill at this time. Subotovsky sent Carrión a bill about two years later, after the Daily News investigated the matter and after Carrión obtained a final survey.  (more…)