Light Debris Found on Windy Day

DOS issued a violation notice to landlord for having a dirty sidewalk. Landlord argued that the building was a four-family dwelling occupied at the time only by his family. Landlord swept twice a day, and that particular day was very windy. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB ruled for landlord and revoked the fine. Landlord's building was in a low-traffic area, the debris cited in the violation was light and likely to be blown by the wind conditions, which landlord verified by newspaper and MTA weather reports.

Abdallah: ECB App. No. 22637 (8/14/96) [2-page document]