Garbage Collection Canceled Due to Snow
LVT Number: 10738
DOS issued a violation notice to landlord for not storing trash receptacles. The notice stated that there were three garbage cans in front of landlord's building on a day when there was no scheduled garbage collection. Landlord claimed that DOS had canceled trash collection due to a heavy snowfall. The ALJ ruled against landlord, finding that this was no excuse and fining landlord $50. Landlord appealed. ECB ruled for landlord and revoked the fine. Landlord pointed out that the Saturday pickup had been canceled and that the next scheduled pickup was on Tuesday. However, on Monday, the day of the violation notice, DOS actually picked up the garbage. Landlord's credible statement that the collection was canceled due to snow and the refuse was left out for the next pickup was a valid defense to the violation.
Magnone: ECB App. No. 20864 (1/24/96) [2-page document]
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