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    Facade NOV dismissed


    Administrative Decisions  •  Environmental Control Board  •  Lenox Hill, Manhattan
    02/15/2009   •    Leave a Comment

    246 East 46th Street. Photo:Melanie Cash.

    Building owner inspected facade after allotted time. Beginning in 1980, owners of buildings taller than six stories were required to conduct a critical examination of their buildings’ facade every five years. Each five-year cycle required submission of a technical report following examination. In February 1999, the Department of Buildings accepted the last of the fourth round technical reports. Building owner J.T. Tai Co., Inc. conducted a facade examination in December 1999 for its property at 246 East 46th Street in Manhattan, and filed the accompanying technical report in January 2000, which Buildings accepted as a fifth round report. Since J.T. failed to submit a report based on an examination conducted within the fourth cycle, Buildings charged J.T. with failing to file a fourth round report in violation of the Administrative Code. An ALJ sustained the violation.

    Six months later, Buildings again issued a Notice of Violation to J.T. for failing to file the fourth round report. An ALJ dismissed the violation, deciding that J.T.’s failure to file a fourth round report was not a continuing violation. The ALJ determined that Buildings did not rebut J.T.’s contention that it was precluded from filing a fourth round report.

    The Environmental Control Board affirmed dismissal of the violation. Though the Board ruled that J.T.’s failure to submit a fourth round technical report was a violation, it also found that Buildings had not established a continuing violation. J.T. had not conducted an examination of the facade within the allotted fourth cycle time period, and, therefore, could not comply with the requirement to submit a fourth round technical report. The Board concluded that there was no basis for Buildings to issue multiple violations or charge J.T. with a continuing violation when compliance was not possible.

    New York City v. J.T. Tai Co., ECB Appeal No. 39405 (Nov. 17, 2008). CITYADMIN

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    Tags : 246 East 46th Street, Environmental Control Board, Inc., J.T. Tai Co.
    Category : Administrative Decisions

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