Landlord Used Cat Litter Instead of Sand on Icy Sidewalk

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of her building. The DOS inspector found snow and ice at 9:30 a.m. on Jan. 12, 2009, with no path made for people to pass. The storm had ended on Jan. 11, 2009, at 7:00 a.m. Landlord claimed that her son tried to remove the snow on the morning of January 11, but it was already frozen to the ground and couldn't be removed without damage to the pavement. So he spread clean, unused cat litter over the sidewalk so people wouldn't slip and fall. The ALJ ruled against landlord and fined her $100.
Landlord appealed and won. On appeal, landlord submitted a printout from the Weather Channel's Web site showing that the high temperature on both January 11 and January 12 was 32 degrees. This supported landlord's claim that the ice and snow were frozen to the ground. If unable to remove the snow and ice, landlord was required by law to spread ashes, sand, sawdust, or "some similar suitable material" on the ground until weather permitted thorough cleaning. Landlord showed that the DOS Web site indicated that cat litter could be used, and DOS made no argument to the contrary.

Rillotta: ECB App. No. 900206 (10/29/09) [4-pg. doc.]