Landlord Fined $300 for Standing Water Condition on Driveway

DOHMH issued a violation notice to landlord of a two-family dwelling  for failure to keep a building premises free of standing water and conditions conducive to the breeding of harborage of mosquitoes.  After a hearing, the ALJ fined landlord $300. Landlord appealed and lost. Landlord argued that the hearing was unfair because the DOHMH inspector didn't appear. But the inspector wasn't required to appear and the ALJ could rely on the statement contained in the violation. A constitutional right of confrontation exists only in criminal proceedings. In addition, landlord didn't refute the charge or deny that the violating condition existed.

DOHMH v. Adams: ECB App. No. 2000230 (3/19/20) [2-pg. doc.]