Successful Defense of ECB Violations

On January 25, 2017, James Marino, a partner at Kucker Marino Winiarsky & Bittens, LLP, secured dismissal of three (3) violations issued by the Department of Buildings after a hearing conducted at the Environmental Control Board (Violation numbers 35124143J; 35124145N; 35124146P). The owner had been cited for “work without a permit” of the construction of a basement apartment, with full height partitions, plumbing fixtures and electrical work. The owner removed the offending items, and was successful in demonstrating at the hearing that fines should not be imposed because he had only recently purchased the premises, and all evidence pointed to the prior owner performing the work. The ECB dismissed the 3 violations, saving the owner several thousands of dollars in fines.