Landlord Fined for Uncovered Trash Cans

DOS issued a violation notice to landlord for uncovered trash receptacles. The DOS inspector noted two uncovered plastic garbage cans that could spill trash onto the sidewalk. Landlord claimed that the lids were always tied to the cans and that the cans were secured to a fence by metal wires. The cans were stored in an area about 45 feet from the sidewalk, and the trash was bagged when it was time to place it out for collection. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. Even if the cans were located and secured as landlord claimed, her precautions still didn't refute DOB's finding that two cans were uncovered at the time of the violation.

Lee: ECB App. No. 1401135 (1/29/15) [2-pg. doc.]