Landlord Can't Store Empty Garbage Cans on Sidewalk

DOS issued a violation notice to landlord for leaving two 35-gallon plastic cans on the sidewalk on a non-collection day. Landlord claimed that she had merely stored the empty cans on the sidewalk, and had been doing so for 29 years without incident. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. It didn’t matter if the cans were empty. Sanitation regulations required that waste receptacles must be stored either inside or in back of a building until the time for collection. Only then can they be moved to the curb.

Benain: ECB App. No. 1200332 (7/26/12) [2-pg. doc]