Inclement Weather Interfered with Landlord's Sidewalk Cleaning

The DOS issued a violation to landlord for a dirty sidewalk. Landlord argued that at the time the violation was issued, there were high winds and heavy rains resulting from Hurricane Hugo. Landlord had cleaned the sidewalk just before the rains started, but had to stop cleaning because of the wind. The ALJ found landlord's claim unreliable and fined landlord $50. Landlord appealed, and the ECB reversed. Landlord's own statements and the weather forecast for that day supported landlord's claim.

[City of New York v. Cygler: ECB App. No. 9669 (10/30/91)]. 2-page document.