Landlord Left Tree Branch on Property Too Long

DOS issued a violation notice to landlord for leaving a large downed tree branch in the front yard of his building for at least 30 days. Landlord claimed that the branch fell from a sidewalk tree in front of the building and that DOS said he should cut the branch and bundle the pieces before putting them out for collection. Landlord put the branch on the lawn until the end of winter, when it would be easier to cut. He didn't know there was a time limit for removal. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. The violation notice was also based on the inspector's observation of cups, food wrappers, and other debris scattered on the front lawn. Landlord failed to show he made reasonable efforts to keep the area clean.

Bacharach: ECB App. No. 1000391 (8/19/10) [2-pg. doc.]