DOS Didn't Pick Up Bulk Items

DOS issued a violation notice to landlord for having a dirty sidewalk. Landlord claimed that he swept in front of the building twice a day. The ALJ ruled against landlord. Landlord appealed, pointing out that the items described in the violation notice had been placed out for garbage collection. When the normal collection of bulk items didn't take place as it should have, landlord removed these items. ECB ruled for landlord and revoked the fine. The violation notice had stated that there were several pieces of Sheetrock, wood, and a rug on the sidewalk. This was consistent with landlord's description of why these items were in front of the building.

D'Amore: ECB App. No. 34220 (9/20/00) [2-pg. doc.]