Landlord Made Sufficient Efforts to Keep Trash Cans Covered

DOS issued a violation notice to landlord after observing two cans uncovered, exposing household waste and spilling garbage around the cans. Landlord testified at a hearing that the building was on a busy street across from a high school. He had four trash cans behind the front gate of the property with flip covers that automatically closed. He said he checked the cans twice a day: once in the morning around 7 a.m. and once in the evening around 6 p.m. The ALJ found that landlord's efforts weren't sufficient and upheld the violation. Landlord appealed and won. Because landlord checked the cans twice a day and used temper-resistant flip covers on the cans, he took sufficient measures to ensure that his garbage receptacles remained covered.

Minaya: ECB App. No. 1800584 (7/12/18) [2-pg. doc.]