Landlord Not Responsible for Neighbor's Improper Trash Placement

DOS issued a violation notice to landlord for placing many 30-gallon plastic bags out on the sidewalk on a Sunday, which was a noncollection day. Trash collection on landlord's block was scheduled for Mondays and Thursdays. Landlord claimed that it didn't put out the cited trash. The ALJ ruled against landlord and fined it $100. Landlord appealed and won. Landlord credibly testified that the trash in question was placed outside by a bakery in an adjoining building, presumably for pick up by a private carter.

4301 Realty LLC: ECB App. No. 1200761 (9/27/12) [2-pg. doc.]