Mattress Placed in Front of Landlord's Building by Outsider

DOS issued a violation notice to landlord for placing a mattress at curbside for removal without sealing it in a plastic bag. Landlord argued that he lived in the building, was out of town at the time, and didn't place the mattress out for removal. Although the ALJ believed landlord, she ruled that there was insufficient proof that the mattress didn't come from his building. Landlord was fined $100. Landlord appealed and won. Landlord pointed out that none of his tenants had disposed of the mattress and submitted signed statements from the tenants. Landlord had provided sufficient credible proof to refute the inference that the mattress came from his building

Weber: ECB App. No. 1200923 (11/21/13) [2-pg. doc.]