Landlord Didn't Remove Snow and Ice from Sidewalk

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of the building. The DOS inspector observed an ice condition on the sidewalk at 12:45 p.m. on Feb. 13, 2010, with no attempt made to remedy since the storm had officially ended at 1:30 a.m. on Feb. 11, 2010. Landlord claimed he had hired someone to shovel the sidewalk, and that the person had done so three times. Landlord's daughter said she had salted the area on Feb. 12. The ALJ ruled against landllord and fined him $100. Landlord appealed and lost. Simply salting the sidewalk was inadequate to clear snow or ice. Even if landlord had made some attempt rather than no attempt, his attempt was inadequate.

Frankel: ECB App. No. 1000291 (7/22/10) [3-pg. doc.]