Landlord's Age and Health Don't Excuse Duty to Clean

DOS issued a violation notice to landlord for failing to clean 18 inches into the street in front of her building. Landlord argued that she was 84, in poor health, and couldn't afford to pay for cleaning more often than twice a month. She said that the building was next to a commercial area and had just been cleaned two days before the violation was issued. The inspector saw a large accumulation of newspapers, cups, cigarette packs, loose papers, cans, bottles, and other litter in front of the building. The ALJ fined landlord $100. Landlord appealed and lost. Landlord is responsible for keeping the area 18 inches from the curb into the street clean at all times, and must make reasonable efforts to do so. Landlord was not cleaning frequently enough to show reasonable efforts.

Cotellessa: ECB App. No. 1000747 (1/20/11) [3-pg. doc.]