No Fine for Uncollected Trash

February 1, 2010

LVT Number: #22450

DOS issued a violation notice to landlord for failing to store two trash receptacles. The DOS inspector found the trash cans at curbside on a Thursday morning, which was not a collection day. Landlord argued that she put the trash out for collection on Wednesday morning, but DOS never collected it that day and she called 311 to complain. The ALJ ruled against landlord and said she should have brought the two cans back into the building for storage. Landlord was fined $100. Landlord appealed and won.

DOS issued a violation notice to landlord for failing to store two trash receptacles. The DOS inspector found the trash cans at curbside on a Thursday morning, which was not a collection day. Landlord argued that she put the trash out for collection on Wednesday morning, but DOS never collected it that day and she called 311 to complain. The ALJ ruled against landlord and said she should have brought the two cans back into the building for storage. Landlord was fined $100. Landlord appealed and won. Landlord wasn’t required to remove the trash cans from curbside once they were properly placed out for removal. And the 311 operator also had instructed landlord to leave the trash at curbside until the next collection time.

Karim: ECB App. No. 0900290 (12/3/09) [2-pg. doc.]

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