Condo Owner Not Responsible for Improper Mattress Disposal

DOS issued a violation notice for improper disposal of a mattress left outside for trash collection without being wrapped. The building was a six-unit condominium, and the notice was addressed to an individual unit owner. The owner disputed the violation, claiming that she wasn't responsible. The ALJ ruled against the owner and fined her $100. The owner appealed and won. There was no claim or proof that the owner herself threw out the mattress.There also was no proof that she managed or controlled the building. The violation notice should have been addressed to the condominium board of managers as building owner.

Fayman: ECB App. No. 1100936 (12/15/11) [3-pg. doc.]