You CAN Fight City Hall

1. Certify that a correction was made.
If you get a violation notice for a nonhazardous condition while you’re in the process of repairing it, you can certify its correction and avoid a fine. Bring to the hearing any proof you have, such as dated photographs or an affidavit from the contractor.

2. Show that you tried to repair the condition but could not gain access.
One owner claimed he couldn’t correct a basement violation because an illegal tenant was living there, and he showed that before the violation was issued, the tenant repeatedly denied access for repairs.

3. Show that the condition was temporary, caused by an emergency situation.
With a violation for doing roof work without a permit, for example, you may be able to show there was no time to obtain the permit because the roof was in danger of collapsing.

4. Show that the violation duplicates a prior violation.
If you get more than one notice about a violation for the same condition, you should be able to avoid paying more than one fine by arguing that you got duplicate violations.

5. Show that the violation was improperly served.
The agency must file an “affidavit of service” with the ECB to prove the notice was delivered to you. At the hearing, ask for that affidavit, which should be attached to the copy of the violation notice. If the affidavit isn’t attached, the violation can be dismissed based on “improper service.”

6. Show that you were not served at the correct address.
If the agency is unable to personally deliver a violation notice, the law allows the inspector to post a notice at the building and mail the violation to you at the building address listed on the notice. But the agency must check whether you’re listed on other city agencies’ records at a different address. If so, you must also get a violation notice mailed to you at that address.

7. Show that the name of the association on the violation is incorrect.
If the corporation’s or association’s name isn’t correctly stated on the violation notice, you may be able to get the violation dismissed. Usually this will happen only if the incorrectly stated name causes confusion.

8. Show that the date of the violation is incorrect.
If the violation notice incorrectly states when the violation occurred, you should be able to get it dismissed.

9. Show that no violation occurred.
Sometimes the inspector was wrong and no violation existed. Bring proof and dated pictures. One building won its case because the inspector claimed a sixth-floor window was missing window guards. The building’s lawyer gave the inspector an eye test on cross-examination, asking if he could see certain things outside the small courtroom. He could not. The violation was dismissed.

Remember: the best way to deal with a valid violation is to correct it.