Building Super Authorized Removal of Recyclable Metal Bed Frame

DOS issued a violation notice to a car owner for unauthorized removal of recycling material. The DOS inspector saw the man remove recyclable metal placed out for collection in front of landlord’s building and place it in his car. The man said that the building super hired him to remove a metal bed frame from the building. The super also signed a statement saying that he asked the man to remove scrap metal from the building’s basement. The ALJ believed the man and dismissed the violation. DOS appealed. Sanitation Code Section 16-118(7)(b)(1) states that it is illegal for anyone except an authorized employee or agent of DOS to remove or transport by car any amount of recyclable materials that have been placed out for collection by owners unless there is proper written documentation. ECB ruled against DOS. The man who was fined proved that the metal bed frame wasn’t placed out at the curb for DOS collection. The inspector who issued the violation had admitted that he saw the man enter the building and later remove a metal bed frame from an area next to the curb line.

Reyes: ECB App. Nos. 0800021-2 (5/7/09) [3-pg. doc.]