Incorrect Time Listed on Violation Notice

The DOS issued a violation notice to landlord after inspector found loose rubbish on the sidewalk in front of landlord's building. The notice was dated Dec. 1 at 9:00 p.m. and stated that there were black bags, furniture, clothes, books, paper household products, and open bags, creating a litter condition. Landlord claimed that she had put sealed bags out for collection on the night of Sunday, Nov. 30, for Dec. 1 collection, and that there was nothing else there at the time. The ALJ ruled against landlord and fined her $100. Landlord appealed. Landlord said that someone opened the bags and placed other trash outside during the night, that she spoke with the inspector at 9:00 a.m. on Dec. 1, and immediately cleaned up the condition before trash was collected at 10:30 a.m. The ECB ruled for landlord and revoked the fine.

George-Lynch: ECB App. No. 42646 (1/18/07) [1-pg. doc.]