Landlord Didn't Remove Snow and Ice within Four Hours

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of her building. The DOS inspector found the condition at 9 a.m. on Feb. 18, 2010. He said that no attempt had been made to sand, salt, or shovel a path, even though the snowstorm had officially ended at 10 p.m. on Feb. 16. Landlord claimed that she had shoveled several times and used three bags of "ice melt" to create a path. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. If a storm ends between 9 p.m. and 7 a.m., landlord must clear the sidewalk and gutter by 11 a.m. the following morning. Landlord didn't say when she cleared the path, and her testimony was contradicted by the DOS inspector's.

Smith: ECB App. No. 1000223 (8/19/10) [3-pg. doc.]