Landlord Placed Garbage Bags Out Too Early

DOS issued a violation notice to landlord for placing four 30-gallon trash bags out for collection on a noncollection day. Landlord argued that the super was simply sorting the garbage on the sidewalk because the garbage can area directly in front of the building didn't have enough room to do so. Landlord hadn't officially put the garbage out until 5:00 p.m., at which point the super had placed 15 bags of garbage and 10 bags of recycling out for collection. The ALJ ruled against landlord and fined it $100. Landlord appealed and lost. The law requires landlord to store garbage inside or behind the building until it was time for removal. Landlord can place trash out at curbside at 5:00 p.m. the day before collection. Although DOS policy permitted landlord to place the trash out after 4:00 p.m. between October 1 and March 31, landlord had placed the four bags of trash out at 3:00, which was too early.

Norwest Realty Corp.: ECB App. No. 900212 (10/29/09) [3-pg. doc.]