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Zoning hearing keeps citation for 6 Lincoln Avenue open after health-department referral

3212300 · April 23, 2025
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Summary

Norwalk hearing officer found sufficient evidence that an unpermitted basement unit exists at 6 Lincoln Avenue, kept the zoning citation open and set a follow‑up to allow inspections and permit applications; the city estimates a maximum assessable fine of $1,200 as of the April 23 hearing date.

Hearing officer Robert Maslow kept open a zoning citation for 6 Lincoln Avenue on April 23 after staff said the property contains an unpermitted basement apartment previously identified by the health department.

The deputy zoning inspector, Dean Hall, told the hearing that the health department had referred the property and that a tenant complaint arrived through the city system on Feb. 26. Hall said a prior permit history shows the property reverted to a legal two‑family use in 2014 after a 2011 permit removed an illegal unit, but recent inspections by the health department found a currently unpermitted basement unit.

The owner, identified in filings as Peralta, visited the zoning office after the citation was mailed and provided photos and correspondence showing that a tenant had vacated but still possessed items in the unit. The city added that a tenant‑side attorney and a second attorney for the owner had been involved in correspondence but that zoning staff had not been invited to perform an on‑site inspection.

Maslow said the record, including the historical permit and the health‑department referral, justified a finding that a violation existed as of the notice of violation. He declined to impose the full fine at the hearing but left the matter open so staff could pursue inspection and permitting. Hall told the hearing the zoning office’s calculating method yields a current maximum assessable fine of $1,200 (based on $150 per day beginning five days after the citation) as of April 23, 2025.

The hearing officer instructed staff to attempt inspections and to work with the owner or their representative to file any required permits; he continued the matter to the next hearing cycle to allow the zoning office time to verify whether permit applications have been filed and inspections completed. The hearing remains open, and Maslow said the city may assess fines or close the matter depending on whether corrective steps are taken.

Background: The case began after a tenant complaint and a health‑department referral flagged possible housing‑code issues in a basement unit. Zoning staff said earlier—and provided permit documents from 2011 and a 2014 certificate showing that prior corrective work had been completed—that the property has a history of unpermitted units, which affected the officer’s assessment of the record.