Landlord Placed Garbage Out Too Early

DOS issued a violation notice to landlord for having a garbage can out for collection on a noncollection day. Landlord claimed that she had simply placed the can out on the day before the morning of the scheduled pickup. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. The DOS inspector noted that the can was on the curb at 2:37 p.m. on a Tuesday afternoon. The scheduled collection day was Wednesday. As a matter of enforcement policy, DOS permits landlords to place garbage out for collection at 5 p.m. the day before scheduled collection. But 2:37 p.m. wasn't a proper "time for removal."

Mendolia: ECB App. No. 1201071 (1/31/13) [1-pg. doc.]