316 Bement Avenue, Staten Island. Image Credit: Google Maps

Homeowner parked construction vehicles, unlicensed cars and construction material in residential district. Rachel Masica parked in the driveway of her residence at 316 Bement Avenue, Staten Island, a commercial dump truck, two Volkswagens without license plates, and, on the front lawn, a trailer. Masica stored a backhoe in her backyard under a tent, along with construction material, combustible wood, ladders, plywood, heavy-duty construction equipment, ladders, and wood planks. The Department of Buildings charged Masica with two Class 2, major violations, one for violating parking regulations in a residential district and the other for maintaining illegal uses in a residential district.

At the OATH hearing, Hearing Officer D. Mbazi sustained the summonses’ designations as Class 2 major violations and imposed a standard penalty for violating parking regulations in a residential district and mitigated the penalty for illegal uses in a residential district.

Masica appealed, contending that no penalties should have been imposed for both charges since the violations were corrected by the cure date indicated on the summonses and certificates of correction.

The OATH Appeals Unit ruled that Masica was guilty of both violation, but that Masica was entitled to mitigation of both penalties.

Masica violated parking regulations in a residential district when she used her property for “dead storage.” Both Volkswagens parked in Masica’s front yard had no license plates or valid registration, and were therefore illegally stored in a residential district. Masica also violated use limitations in a residential district by storing a backhoe, construction materials, and other heavy-duty equipment in the backyard. The OATH Appeals Unit found that mitigated penalties were warranted for both violations because Masica the violating conditions were corrected before the first scheduled hearing date. The Appeals Board imposed a penalty of $625 for each violation for a total penalty of $1,250.

DOB v. Rachel Masica., OATH Appeals No. 1901510 (December 19, 2019).

By: Raphael Cohen (Raphael is a New York Law School student, Class of 2021.)