Landlord Claims Garbage Came from Next-Door Building

LVT Number: 9629

DOS issued a violation notice to landlord for not cleaning 18 inches into the street in front of his building. Landlord claimed he made a reasonable effort to keep his area clean. He said the garbage in question came from overflowing garbage cans from the building next door. The ALJ ruled against landlord and fined him $50. Landlord appealed, and the ECB ruled against landlord. Landlord was required to keep his sidewalk free from garbage, regardless of where it came from.

DOS issued a violation notice to landlord for not cleaning 18 inches into the street in front of his building. Landlord claimed he made a reasonable effort to keep his area clean. He said the garbage in question came from overflowing garbage cans from the building next door. The ALJ ruled against landlord and fined him $50. Landlord appealed, and the ECB ruled against landlord. Landlord was required to keep his sidewalk free from garbage, regardless of where it came from.

Zupicich: ECB App. No. 20903 (8/10/94) [2-page document]

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