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