Landlord Fined for Uncovered Garbage Cans

DOS issued a violation notice to landlord for uncovered garbage receptacles. The DOS officer found three uncovered cans exposing household waste and recyclables likely to be scattered about in front of landlord's building. Landlord claimed that it was a windy day and perhaps the covers had been blown off. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. The possibility that the wind may have blown off the garbage can covers wasn't a defense. Landlord didn't submit any proof that the cans were monitored during the day while he was at work or that the lids were tamper-resistant or windproof.

Mach: ECB App. No. 1400085 (4/24/14) [2-pg. doc.]