Landlord Must Keep Vacant Building's Sidewalk Clean

DOS issued a violation notice to landlord for having a dirty sidewalk in front of his building. The DOS inspector found a lot of debris scattered on the sidewalk one morning. Landlord claimed that previous tenants had cleaned the sidewalk, that the building was now vacant, and that a neighbor was cleaning the sidewalk from time to time. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Sanitation rules require landlord to keep the sidewalk, curb, and abutting areas free from debris at all times. Landlord didn't show that he made reasonable efforts to do so. It didn't matter that the building was vacant.

Smith: ECB App. No. 46668 (5/29/08) [1-pg. doc.]