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.
Environmental Control Board
ECB Denies Appeal of Dismissed Buildings Summons
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, … <Read More>
Environmental Control Board Finds Post Office Subject to City Jurisdiction
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 … <Read More>
Delay in Receiving LPC Permit No Defense to Failure to Acquire DOB Permit
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 … <Read More>
ECB Upholds $40,000 in Fines for Illegal Signs on Bodega
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 … <Read More>
Bar defeats NOV charging violation of C of O
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 … <Read More>