Landlord Fined for Leaving Loose Cardboard at Curb

DOS issued a violation notice to landlord for leaving loose rubbish out for collection. The DOS inspector noted that one morning he saw five pieces of cardboard out for collection, not securely bundled, not tied, and likely to be scattered on the sidewalk. Landlord claimed that he didn't secure the cardboard pieces because they measured 2.5 x 5 feet apiece and it would be easier for sanitation workers to remove them one piece at a time. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Code Section 16-120(d) provides that newspapers, wrapping paper, or other light refuse or rubbish that's likely to be blown or scattered about the streets should be securely bundled or tied before being placed out for collection. This didn't apply only to rubbish likely to be blown away by the wind, but covered the cardboard pieces left out by landlord and other items, such as plywood, cement, wood pieces, or Sheetrock. Landlord's cardboard pieces also could be scattered in the street.

LaVigne: ECB App. No. 1000848 (3/24/11) [3-pg. doc.]