DOS Cited Wrong Code Section

DOS issued a violation notice to landlord for failing to properly store waste receptacles under Administrative Code Section 16-120(c). The notice stated there was a microwave oven placed at curbside on a noncollection day, not properly stored. Landlord claimed that there was no violation of the code section cited, so the violation should be dismissed. The ALJ ruled against landlord and fined it $100. Landlord appealed and won. Code Section 16-120(c) concerns receptacles for the removal of waste material. It had nothing to do with a microwave oven left, or dumped, on the sidewalk. The code section cited covered refuse and liquid waste that needed to be stored in a receptacle. It didn't cover bulk waste such as a microwave oven. The fine was revoked.

113 W. 15th St. Owners: ECB App. No. 0900559 (2/25/10) [2-pg. doc.]