Landlord Claims Debris Caused by Excessive Wind

The DOS issued a violation notice to landlord for debris in front of the building. Landlord claimed that he swept once a day and that there were windy and stormy conditions on the day of the violation that excused the condition. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. Landlord was required to make reasonable efforts to keep the area in front of his building clean. Sweeping once a day isn't enough. The violation notice also pointed out that the debris was matted down, indicating that it had been there for a while. Landlord was required to keep the area clean, whatever the weather conditions.

Zanger: ECB App. No. 38836 (7/29/03) [2-pg. doc.]