Duplicate Violations Issued for Improper Mattress Disposal

DOS issued a violation notice to landlord for placing a mattress at curbside for disposal without sealing it in plastic. Landlord pointed out that a duplicate violation had already been issued for the same condition earlier the same day. The ALJ ruled against landlord and fined him $100, noting that landlord hadn’t paid the fine for the earlier violation. Landlord appealed and won. The appealed violation named the same landlord, premises and date, described the same conditions, and cited the same provision of law. It was therefore a duplicate of the earlier violation, which by now landlord had paid.

Guerra: ECB App. No. 1500380 (6/25/15) [2-pg. doc.]