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Posted by ray howard on August 17, 1999 at 21:16:44:

February 18,1999- DOB inspector responds to complaint of green house on roof.
Sees no green= no violation...a week later this same inspector meets downstairs with
the building owner; they go to the same roof and within ten minutes
there is a hazardous violation written against my twenty nine year old
roof garden which was permanently established as a recreational facility for tenants
in a Conciliation and Appeals Board ruling back in 1981 to which the b.o.
agreed to comply.( This roof garden violation was dismissed in July
by Judge Harriety Schwartz of ECB saying the violation should have
been written against the b.o. )

Another " hazardous " violation was written against four flower pots
on the fire walk, costing $400 in fines.It was claimed that the pots ranging
from 8.25" to 12" in diameter were blocking the egress. The Administrative code quoted
Code quoted was 27-530, about places of assembly.

Questions: If the exit was definitely not blocked, is the violation valid?
If the Administrative Code # quoted does not match the actual " violation
does that invalidate the citation?

Follow Ups:

• Re: plants on fire walk: hazardous violation: possibly: why take chances? Anna 8/20/99 (0)
• Re: plants on fire walk: hazardous violation?? DK 8/19/99 (0)

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Comments:
: February 18,1999- DOB inspector responds to complaint of green house on roof.
: Sees no green= no violation...a week later this same inspector meets downstairs with
: the building owner; they go to the same roof and within ten minutes
: there is a hazardous violation written against my twenty nine year old
: roof garden which was permanently established as a recreational facility for tenants
: in a Conciliation and Appeals Board ruling back in 1981 to which the b.o.
: agreed to comply.( This roof garden violation was dismissed in July
: by Judge Harriety Schwartz of ECB saying the violation should have 
: been written against the b.o. )

: Another " hazardous " violation was written against four flower pots
: on the fire walk, costing $400 in fines.It was claimed that the pots ranging
: from 8.25" to 12" in diameter were blocking the egress. The Administrative code quoted
: Code quoted was 27-530, about places of assembly.

: Questions: If the exit was definitely not blocked, is the violation valid?
: If the Administrative Code # quoted does not match the actual " violation
: does that invalidate the citation?


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