Landlord Fined for Leaving Plastic Garbage Cans Uncovered

DOS issued seven violation notices to landlord during a two-month period for leaving two or more garbage cans in front of the building uncovered. Landlord argued that the law required only that metal containers be tightly covered, so this requirement didn't apply to its plastic garbage cans. The ALJ ruled against landlord and fined it $700. Landlord appealed. Code Section 16-120(a) states that garbage "receptacles shall be made of metal or other material of a grade and type acceptable to the department ... Metal containers shall be provided with tight fitting metal covers." ECB ruled against landlord. Code Section 16-120(c) also stated that waste be stored until time for removal "in tightly covered metal receptacles or containers made of other materials," which required that plastic containers, as well as metal containers, be covered by tight-fitting covers. When these paragraphs were read together, it was clear that the Code required all containers to be covered.

123-125 Wadsworth Ave. Realty: ECB App. Nos. 46404-46410 (12/18/08) [3-pg. doc.]