Landlord Didn't Keep Curbside Clean

DOS issued a violation notice to landlord for failure to clean 18 inches into the street in front of his building. The DOS inspector found litter scattered along the curb at 8:25 a.m. on the morning of the violation. Landlord claimed that he swept the curb at 8:15 a.m. that day before leaving the building. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord claimed that litter sometimes blew in front of his building from a nearby vacant building or from street vendors. But landlord pointed to no circumstances that morning that would explain how his curb became littered during the 10 minutes between his supposed sweeping and the inspection.

Miller: ECB App. No. 43594 (8/14/08) [2-pg. doc.]