Landlord and Wife Saw No Trash in Front of Building

DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of his building. Landlord and his wife, who lived there, claimed that there was no trash in front of the building when they left that morning. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord said he cleaned in front of the building three times a week and removed any visible litter every morning. Landlord and his wife credibly testified that there was no trash in front of the building when the wife went in and out at 5:45, 6:15, 8:00, and 8:30 a.m., or when landlord left the house at 6:15 a.m. and again at 8:30 a.m.

Birge: ECB App. No. 1000724 (11/18/10) [3-pg. doc.]