Neighbor Admitted Placing Boxes in Front of Landlord's Building

DOS issued a violation notice to landlord for failing to properly place recycling materials out for collection. The inspector found six cardboard boxes untied and unsecured in front of landlord's building. Landlord testified that his neighbor found the boxes on the side of landlord's building while landlord was away on vacation and moved them to the curb in front of landlord's building. The ALJ believed landlord but still fined her $25. Landlord appealed, claiming that she wasn't responsible for the violation. ECB ruled for landlord and revoked the fine. Under recycling regulations landlord is responsible for her own unlawful recycling practices, as well as those of any residents in her building. But landlord wasn't responsible for boxes placed at curbside by someone not connected with her building.

Coppola: ECB App. No. 45614 (3/27/08) [2-pg. doc.]