ECB Revokes Violation for Discarded Refrigerator

DOS issued a violation notice to landlord for leaving a refrigerator out for trash collection without having it tagged by DOS as containing chlorofluorocarbon (CFC). Landlord objected but was fined $100 by the ALJ. Landlord appealed and won. Landlord testified that he called DOS to discuss discarding the refrigerator. DOS advised him to place the refrigerator out on a Sunday after 4 p.m. for "stickering." Landlord expected DOS to do that and to pick up the item on Monday evening. DOS missed collection on Monday and Wednesday. It wasn't picked up until Friday evening, after the violation notice was issued. ECB found that landlord was required to keep the sidewalk free from obstruction and nuisances. Admin. Code Section 116-18(2)(a), cited in the violation notice, wasn't violated because there was no description of how the refrigerator posed an obstruction. The violation was dismissed.

Shamay: ECB App. No. 1901919 (1/23/20) [1-pg. doc.]