Materials Obstructing Sidewalk

DOS issued a violation notice to landlord for sidewalk obstruction. Landlord admitted that he had put some materials out for trash collection, but he claimed that they took up only four feet of sidewalk space and left plenty of room for pedestrians. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. City law requires landlord to keep the building area free from obstructions of any kind. Anything other than garbage that is securely and timely placed out on the sidewalk for collection is an obstruction.

Kane: ECB App. No. 34704 (10/30/01) [2-pg. doc.]