Landlord Proves That Trash Cited in Violation Wasn't in Front of His Property

The DOS issued a violation notice to landlord when its inspector found that five 20-gallon white plastic bags containing household waste were placed out on the sidewalk on a non-collection day. Landlord claimed that the cited bags didn't come from his building. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Photographs showed that the public sidewalk where the DOB violation said the trash was found didn't abut landlord's property. The violation also described the building as a multiple dwelling, but landlord's property was a house. ECB revoked the violation and the fine.

Diapoulis: ECB App. No. 1701120 (12/14/17) [3-pg. doc.]