Landlord Fined for Debris in Front Yard

DOS issued two violation notices to landlord for having a dirty area in front of her building. The notice stated that debris was matted down and scattered about the front lawn and hedge area of the building. On another day, the inspector again saw debris scattered around the front fenced yard. Landlord claimed that she was away at the time of the violations and that she paid a neighbor to take care of the building in her absence. She also said that there was heavy street traffic because there was a school on the block. The ALJ ruled against landlord and fined her $200. Landlord appealed. She now claimed that Sanitation Code Section 16-118(2) didn’t refer to a “dirty area” or a “front yard.” ECB ruled against landlord. She didn’t raise this argument before the ALJ. And the Code Section stated that building owners must keep “sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts, and alleys free from garbage, refuse, rubbish, litter, debris, and other offensive material.” It didn’t matter what the source of the debris was or that landlord was away at the time.

Gardner: ECB App. Nos. 44234-44235 (4/23/09) [3-pg. doc.]