Duplicate Violation Notice for Same Item on Same Date Dismissed

The DOS issued a violation notice to landlord based on loose rubbish found in front of landlord's two-family dwelling. The DOS inspector observed 20 pieces of wood placed out for collection without being securely bundled or tied, and likely to scatter. Landlord didn't deny the inspector's finding but pointed out that DOS had served a duplicate violation notice for the same act earlier that same day. The ALJ ruled against landlord since landlord hadn't yet paid the first fine. Landlord appealed and won. Since landlord had now paid the fine imposed by the first violation notice, the duplicate violation must be dismissed.

DSNY v. Lashari: ECB App. No. 2100422 (5/20/21)[1-pg. document]