Landlord Didn't Have Enough Time to Clean

The DOS issued a violation to landlord for not cleaning 18 inches into the street from the curb in front of her three-family house. Landlord argued that she had cleaned the curb in the morning and saw no litter at noon time. The inspector served her with the violation at about 1:30 p.m. The ALJ found that landlord's cleaning efforts were insufficient and fined landlord $50. Landlord appealed, and the ECB's appeals unit revoked the fine. Landlord cleaned three or four times a day. On the day in question, she didn't have enough opportunity to discover the litter that had accumulated when a neighbor hosed down his curb causing litter to travel to the front of landlord's building.

[City of New York v. Masterjulio: ECB App. No. 9810 (5/22/91)]. 2-page document.