East Village building’s C of O authorized meeting room, not current bar use. In 1922, the owner of 85 East 4th Street in Manhattan obtained a certificate of occupancy authorizing the building’s second floor to be used as a meeting room. Since 1948 the second floor had instead been used as a tavern space, currently occupied by the KGB Bar. On June 9, 2010, Buildings issued the building’s current owner, Culture House, a notice of violation for permitting a use contrary to the C of O.

At a hearing, Culture House argued that it was not required to obtain a new C of O for the changed use of the second floor. Pursuant to the 1968 building code, which applied to buildings predating the 2008 building code, a new C of O was not needed for changes within the same zoning use group. In this case, a meeting room and an eating and drinking establishment are both included within zoning Use Group 6. Culture House further claimed that no changes had been made to the premises that would trigger a need for a new C of O. The 1922 C of O permitted up to 40 occupants, and the bar had seating for a maximum of 37 patrons. (more…)

Building owner unaware that subtenant erected cash loans advertising sign. Buildings issued four notices of violation charging the owner of 329 Wyckoff Avenue in Ridgewood, Queens with illegally erecting an outdoor advertising sign for cash loans. The owner removed the sign from its building immediately after receiving the NOVs. At a hearing, the building’s property manager claimed that the owner had not authorized the sign, and was unaware that the sign had been installed on the building. The property manager claimed that the building had been subject to a net lease since 1967, which gave the owner no day-to-day control over the property. The net lessee had rented out spaces to various subtenants, and one of these subtenants had erected the sign without authorization

An ALJ sustained the NOVs, finding that a building owner was responsible for the actions of its tenants. The owner appealed to the Environmental Control Board, arguing that it was not acting as an outdoor advertising company because the subtenant erected the sign without the owner’s knowledge or consent. (more…)

Board found that prior corrected violations justified increased penalty for glass panel broken by snapped cable. On December 10, 2008 a glass panel fell from the 50th floor of One Bryant Park in Midtown, Manhattan after being struck by a steel safety netting cable. Buildings issued a notice of violation to the contractor, Tishman Construction Corporation, for failing to safeguard persons and property while working on the building. The issuing officer noted that similar incidents involving falling glass occurred at the site in May and September of 2008 and charged Tishman with an aggravated violation and increased fine.

At a hearing before an ALJ, Tishman argued that it took all necessary safety precautions and that a mechanical defect caused the cable to snap. Tishman further argued that it should not be charged with an aggravated offense because it stipulated to or corrected the prior violations. Buildings countered that the fact the cable snapped and broke the glass indicated that Tishman failed to maintain safety measures. To support the increased fine, Buildings submitted a computer record showing 39 NOVs against Tishman, nineteen of which were upheld or settled. The ALJ upheld the NOV and found that the evidence established a history of non-compliance warranting an increased penalty. (more…)

Board found that Buildings retroactively applied building code provision after architect allegedly self-certified non-conforming plans. In 2006, architect David Millner submitted to Buildings self-certified alteration plans depicting the replacement of a 69 sq.ft. rear deck and the enlargement of a basement bathroom in a three-story home built in the 1930s at 1-69 Beach 91st Street in Rockaway Beach, Queens. Buildings audited the plans and in February 2010 issued Millner a notice of violation for submitting certified plans that did not conform to applicable laws pursuant to a section of the building code enacted in July 2008. According to the NOV, Millner’s plans depicted a rear yard of less than two feet, rather than the 30- foot rear yard required by the zoning resolution, and a rear deck made of combustible materials built within three feet of the property line. Buildings also claimed that the bathroom enlargement increased the building’s non-compliance with permitted floor area regulations. (more…)

Building’s facade buckled two-and one- half-years after engineer’s report. Richard Lefever, a licensed engineer, examined the facade of a building and filed a report with Buildings in February 2007. In the report, Lefever had the option of designating the facade as safe, unsafe, or safe with a repair and maintenance program (SWARMP). Lefever chose the third option, because he identified facade conditions that required repairs within two years to avoid deteriorating into unsafe conditions. The owner failed to make repairs within the two-year time frame, and in August 2009 a portion of the exterior masonry of the wall buckled. The condition exposed the public to the threat of falling debris.

Buildings issued a notice of violation to Lefever for filing a false statement. According to Buildings, Levefer’s designation of the facade as SWARMP amounted to a false statement given the history of numerous repairs to the building’s facade and Levefer’s knowledge of such repairs. Lefever defended that his SWARMP designation was warranted since the building facade needed only repair and not immediate corrective action. (more…)