DOS Didn't Make Scheduled Pickup

DOS issued a violation notice to landlord for obstructing the sidewalk. There was carpeting, an air conditioner frame, cardboard boxes, and newspapers on the curb. Landlord claimed she had left these items out for DOS collection. The ALJ ruled against landlord and fined her $50. Landlord appealed. Landlord had called DOS on Friday after tenant moved out and followed specific instructions to leave bulk and recyclable items out for collection on Saturday morning. Landlord had put the items out on Friday night and gone away for the weekend. The violation notice was issued early Monday morning. ECB ruled for landlord and revoked the fine. Garbage that was set out properly for collection isn't a sidewalk obstruction. Landlord wasn't responsible for DOS's failure to make a scheduled pickup.

De Soignies: ECB App. No. 21768 (8/9/95) [2-page document]