Four-Times-a-Day Cleaning Was Reasonable

DOS issued a violation notice to landlord based on a finding of a dirty sidewalk in front of the building. Landlord claimed she lived in the three-family house and swept four times a day. She pointed out that the area was near a fast-food restaurant with heavy traffic, that her first daily sweeping was at 7:00 a.m., and that the violation notice was issued before that hour. The ALJ ruled against landlord and fined her $50. Landlord appealed and won. ECB revoked the fine. Given the type of building and the type of neighborhood, landlord made reasonable efforts to keep the area clean by sweeping four times a day.

Nyasco Realty Corp.: ECB App. No. 26335 (5/28/97) [2-page document]