Landlord Made Reasonable Efforts to Keep Area Clean

DOS issued a violation notice to landlord after its inspector saw open bags with bottles, food containers, and containers spilling in the front yard of the six-unit building between 8 a.m. and 9 a.m. one day. Landlord claimed that he didn't live at the building, but worked there from 7 a.m. to 6 p.m. every day and cleaned as needed. He had cleaned the front of the building that day at 7:30 a.m., and it would have been impossible for the debris to have blown in front of the building by the time the inspector arrived. The ALJ ruled for landlord and dismissed the violation. DOS appealed and lost. Landlord's hourly inspections and cleanings in front of the building were sufficient to show reasonable efforts were made to keep the area clean. The trash that was found was the type that could have been left by a passerby in the busy neighborhood and didn't indicate that it had been there or matted down.

Crown Group LLC: ECB App. No. 1700345 (5/18/17) [3-pg. doc.]