Landlord Responsible for Tenants' Mixing of Recyclables with Other Trash

DOS issued a violation notice to landlord for mixing recyclables with other trash outside the building. Landlord argued that the debris found in front of the building was dropped there by residents. Landlord submitted photographs from the security camera in front of the building to support this claim. The ALJ ruled against landlord and fined him $25, finding that landlord was responsible for violations caused by tenants and residents. Landlord appealed and lost. Landlord argued for the first time that the debris in question was in front of a neighboring building, not his building. But ECB wouldn't consider this claim for the first time on appeal. 

Guerra: ECB App. No. 1700444 (7/6/17) [1-pg. doc.]