Landlord's Testimony Proved Untied Boxes Not from His Building

DOS issued a violation notice to landlord for loose rubbish in front of the building. The inspector had observed unsecured cardboard in front of the building. Landlord claimed that he routinely checked for debris, and testified in detail about his practice of storing all large cardboard boxes in a locked, fenced-in area in a side alley until they were ready to be placed out for collection. He also specifically testified that he broke down these boxes and tied them before placing them out for collection on the evening in question. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. The ECB found that landlord's credible testimony about his routine practice rebutted the inference that the rubbish in front of landlord's building came from landlord's building.

Vetere: ECB App. No. 42770 (6/30/05) [2-pg. doc.]