Landlord Didn't Prove He Made Reasonable Efforts to Clean Sidewalk

DOS issued a violation notice to landlord after finding a large accumulation of scattered cups, napkins, paper bags, plastic, and cardboard on the sidewalk in front of landlord's building. Landlord argued that the building was a corner property on a busy street where people dropped garbage on the sidewalk day and night, especially on weekends. Landlord normally cleaned every morning before going to work on weekdays, and cleaned again in the evening if it was light out when he got home. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord didn't prove that reasonable efforts were made to keep the area in front of the building clean. Landlord was required to keep the sidewalk in front of his building free from litter and debris at all times, regardless of the source of the trash. Landlord didn't claim that he always performed a second daily cleaning on weekdays and didn't say that he cleaned more than once a day on weekends.

Schwartzberg: ECB App. No. 1700932 (10/19/17) [3-pg. doc.]