Garbage Placed in Open Cardboard Box

The DOS issued a violation notice to landlord for using an improper garbage receptacle. Landlord argued that the blue recycling can was full and the contents hadn't been picked up by the DOS. So a tenant put the overflow into a cardboard box. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. It didn't matter whether the DOS had picked up the recyclable trash. Landlord can't leave trash out in an open cardboard box.

City of New York v. Sutell: ECB App. No. 19257 (8/10/94) [2-page document]