Department of Buildings ruled this sign at 302 Metropolitan Avenue was illegal. Image credit: Google

Board agreed zoning prohibited advertising signs painted on the wall.  On March 29, 2014 the Department of Buildings issued five notices of violation against the Respondent, Metropolitan Avenue 298-308 Associates, Inc., for a prohibited outdoor advertising company sign painted onto the wall of 302 Metropolitan Avenue and failing to comply with previous Buildings orders in 2011 to correct previously-displayed signs.

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Board finds no evidence the engineer knew or should have known his filed plans were inaccurate.  On September 25, 2014 the Department of Buildings issued a notice of violation to Kenneth Philogene, a professional engineer, for making a material false statement in amended construction plans filed with DOB.  The amended plans submitted by Mr. Philogene on September 8, 2014 showed the subject building at 1215 Jefferson Avenue in Bushwick, Brooklyn to be three stories tall, however when a DOB inspection was conducted on September 25, 2014  the subject building was actually four stories. Mr. Philogene contested the summons with the Environmental Control Board, arguing the amended plans were based on a professional architectural survey given to him by the building owner, and showing the building as three stories tall.  Mr. Philogene argued this conformed to his initial personal inspection in February 2014, where the building was three stories, and he did not know or have reason to know the fourth story had been added.  The hearing officer credited Mr. Philogene and dismissed the NOV.

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The Staten Island Main Post Office. Image credit: PMCC Post Office Photos

ECB found federal Postal Service not exempted from Noise Code on grounds of preemption.  On April 4, 2014 the Department of Environmental Protection issued a notice of violation against the Staten Island Main Post Office for operating an air conditioning unit in excess of the allowable decibel limit under the City Noise Code.  The Post Office contested the notice with the Environmental Control Board, arguing the United States Postal Service was “an independent establishment of the executive branch” of the federal government, and therefore the local code was preempted under the Supremacy Clause of the US Constitution.  The hearing officer found the Board lacked jurisdiction over the matter and dismissed the notice.

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Owner of individual landmark was ordered by Buildings to obtain a permit to correct illegal work. On September 10, 2013, Marilyn Levine, owner of an individually landmarked 1846 Greek Revival townhouse at 5 West 16th Street in Manhattan, was issued a notice of violation (NOV) by the Department Buildings for failing to comply with an order to obtain a Buildings permit to correct a violation for work done without a permit. The original violation was issued on June 10, 2013. (read more…)

175 Grand Street, Brooklyn

Company argued that two promotional contest signs installed at bodega were accessory signs. On September 9, 2010, the City’s Department of Buildings issued four notices of violation to Contest Promotions NY LLC for two signs installed at the New Grocery and Deli located at 175 Grand Street in Brooklyn. Contest Promotions is a promotional company that works with businesses to promote contests and sweepstakes. The sign featured advertisements for the Nikita television program and the Topman clothing store. Directly above the advertisements, each sign featured small text for a promotional contest that read, “Free posters, while supplies last – Enter here to win great prizes.” Two NOVs charged violations of the City’s zoning resolution for installing advertising signs in an area where such signs were prohibited. The other two NOVs charged violations of the City’s building code for illegally installing signs without a building permit while acting as an unregistered outdoor advertising company.

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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. (read more…)