Garbage Placed Out for Collection Too Early

DOS issued a violation notice to landlord for placing garbage out for collection a day before the actual collection day. The DOS inspector saw the garbage bags at curbside at 9:00 a.m. on a Sunday morning. Landlord admitted that trash collection days were Monday and Thursday and claimed that he usually placed the garbage out the night before. Landlord admitted that he placed the trash out early on the day in question but argued that this didn't violate the law. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Code Section 16-120(c) states that garbage must be stored in the building or at the rear of the building until time for removal. And DOS enforcement policy allowed landlords to place garbage out only the night before the next scheduled pickup.

Weill: ECB App. No. 0900171 (10/29/09) [2-pg. doc.]