Victoria Secret in Herald’s Square. Image Credit: CityLaw.
Outdoor signs at Herald Square store exceeded the maximum allowable height. Victoria’s Secret, located in Herald Square at 1328 Broadway in Manhattan, maintained three outdoor signs that reached 37 feet above curb level. On November 23, 2015, the Department of Buildings charged Victoria’s Secret with violating the maximum allowable height of 25 feet as set out in Section 32-655 of the New York City Zoning Resolution. The officer charged Victoria’s Secret with three Class 2 violations of the Zoning Resolution.
At the hearing, Victoria’s Secret moved to dismiss the three summonses, arguing that the summons cited an incorrect penalty provision. The hearing officer rejected the defense, ruling that the Victoria’s Secret signs were outdoor signs and that violations may be charged as Class 2 violations pursuant to the miscellaneous provisions of the Building’s penalty schedule.
Upon appeal, the Board upheld the violations, ruling that Victoria’s Secret failed to prove that the signs in question were in the category of outdoor advertising signs rather than outdoor signs. As a result, the charges were properly classified by the Building as Class 2 miscellaneous outdoor sign violations of the Zoning Resolution. The Board affirmed and imposed a civil penalty of $2,400 for each sign, for a total civil penalty of $7,200.
NYC v. Victoria’s Secret Stores, LLC. Appeal No. 1700672 (Sept. 8, 2017). CityADMIN
By: Danielle Hendler (Danielle is a student at New York Law School, Class of 2019)