Boxes Didn't Come from Landlord's Building

DOS issued a violation notice to landlord for placing loose rubbish out for collection. The notice stated that landlord left cardboard boxes out without tying them up. Landlord claimed he didn't leave the boxes out. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming that the night before the violation notice was issued had been windy and that the boxes must have blown in front of his building from down the block. Landlord's building was on a corner. Landlord saw the boxes in front of his building on Saturday morning, but because he observed the Sabbath on that day, he couldn't remove them until that evening. The ECB believed landlord, revoked the fine, and dismissed the violation.

Rudowsky: ECB App. No. 39424 (3/25/03) [2-pg. doc.]