Garbage Bags Left Out Too Early

DOS issued a violation notice to landlord for not storing garbage receptacles. An inspector had found two large plastic garbage bags on the sidewalk on a Monday afternoon. Garbage collection day was Tuesday. A tenant told the ALJ that she left the bags on the sidewalk temporarily after she had brought them downstairs and was distracted by the need to go check on her children. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB again ruled against landlord. Landlord was responsible for moving the garbage bags to the side of the building. The fact that tenant left them out temporarily was no excuse.

City of New York v. Burgos: ECB App. No. 21205 (8/9/95) [2-page document]