The owner of a multi-million dollar car parking facility faced serious City violations which threatened to shut down operations. The violations alleged that there were more parking spaces than the certificate of occupancy permitted. The owner of the parking garage retained ALBPC, and Pete Reid was assigned to the case.
In preparation for the hearing, ALBPC obtained photographs and witness statements to defend against the violation. However, further analysis of the notice of violation itself revealed that the City might not have mailed the violation to the owner as they should have.
At the first hearing, Pete Reid demanded that the inspecting officer be present to respond to our allegations of improper service. The hearing was then adjourned twice more as the inspecting officer failed to show up each time. At the fourth hearing, with the inspecting officer again absent, Pete Reid argued that the trial had to proceed and the Judge agreed.
Pete Reid then provided case law to show that it was the burden of the Department of Buildings (DOB) to prove that the Notice of Violation had been properly mailed. The judge agreed that the City had responsibility for maintaining the records and advised that if the City could not produce the necessary documents then case would be dismissed. Despite searching for over an hour, the City attorney was unable to find the specific record that would show that the violation had been properly mailed. Consequently, the judge dismissed the violation, and the parking facility continued its operations.
Colin Kaufman and Pete Reid represented the owner in this action in front of the Environmental Control Board.