Landlord Placed Garbage Out for Collection Too Early

January 1, 2003

LVT Number: 16348

DOS issued a violation notice to landlord for placing garbage out for collection on Friday afternoon, when the collection day was Saturday. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming that the building superintendent had to leave early for an appointment and put the garbage out earlier than usual for collection the next morning. The ECB again ruled against landlord. The law requires landlord to store trash receptacles in or behind the building until the time of collection. And the super actually testified that he always put the garbage out at 4:00 p.m.

DOS issued a violation notice to landlord for placing garbage out for collection on Friday afternoon, when the collection day was Saturday. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming that the building superintendent had to leave early for an appointment and put the garbage out earlier than usual for collection the next morning. The ECB again ruled against landlord. The law requires landlord to store trash receptacles in or behind the building until the time of collection. And the super actually testified that he always put the garbage out at 4:00 p.m. on Fridays because he worked from 8:00 a.m. to 4:30 p.m., and the garbage pick up was on Saturday at 6:00 a.m.

Frisch: ECB App. No. 34176 (9/17/02) [ 2-pg. doc.]

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