Landlord Claims Abandoned Vehicle Made Sweeping Impossible

DOS issued a violation notice to landlord for not cleaning 18 inches into the street. Landlord argued that he made reasonable efforts to keep the area in front of the building clean. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming for the first time that an abandoned car in front of the building prevented him from sweeping out from the curb. ECB ruled against landlord. Landlord was required to keep the area around his building free of litter regardless of the source of the debris. The fact that a car may be parked constantly at the curb didn't matter. Two daily sweepings for an eight-unit building was insufficient given the amount of debris listed in the violation notice.

Drezek: ECB App. No. 21434 (1/24/96) [2-page document]