Landlord Proved Open Trash Receptacles Weren't for His Building

DOS issued a violation notice to landlord for leaving uncovered plastic trash containers at the side of his building, exposing garbage likely to spill on the sidewalk. Landlord claimed that the cans in question belonged to the building next door and said he kept his own receptacles at the rear of the building. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord pointed out that his trash cans had either snap-on or flip-up lids and submitted photos. The cans next door had loose fitting covers. ECB ruled for landlord and revoked the fine.

Mero: ECB App. No.1000852 (3/24/11) [2-pg. doc.]