Illness No Excuse for Not Removing Snow

December 1, 1994

LVT Number: 9325

The DOS issued landlord a violation notice for not clearing snow and ice from the sidewalk. The ALJ fined landlord $50, and he appealed. Landlord argued that he became ill shortly before he finished clearing the sidewalk of snow, and that very little snow had been left on the sidewalk. The ECB upheld the fine. Landlord had enough time to clear the sidewalk because the DOS issued the violation two days after the date that landlord was required to have it cleared.

The DOS issued landlord a violation notice for not clearing snow and ice from the sidewalk. The ALJ fined landlord $50, and he appealed. Landlord argued that he became ill shortly before he finished clearing the sidewalk of snow, and that very little snow had been left on the sidewalk. The ECB upheld the fine. Landlord had enough time to clear the sidewalk because the DOS issued the violation two days after the date that landlord was required to have it cleared. And if landlord couldn't finish removing the snow because of illness, he should have made arrangements for someone else to do it.

City of New York v. Owner: ECB App. No. 19406 (6/29/94) [2-page document]

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