Landlord Didn't Mix Recyclables with Other Garbage

DOS issued a violation notice to landlord for mixing recyclables with other garbage in one container left out for collection. Landlord claimed that the container cited belonged to the building next door. She said that she always placed her recyclables out for curbside collection in securely tied clear plastic bags, separate from other trash. Landlord pointed out that the violation date was a Friday and her recyclables had been picked up by the Sanitation Department on Thursday. The ALJ ruled against landlord and fined her $25. Landlord appealed and won. Landlord credibly testified about her recycling practices. And she submitted a photograph showing that the garbage cans from the building next door contained mixed trash on another occasion.

Placek: ECB App. No. 46381 (5/1/08) [2-pg. doc.]