No Proof of Daily Cleaning

DOS issued a violation notice to landlord for having a dirty area in front of his building. The DOS inspector noted a large accumulation of scattered napkins, pieces of paper, tissues, and wrappers in the driveway. Landlord claimed that his building was near commercial stores, including an ice cream shop, and that children frequently threw trash in the street. Landlord claimed that he now cleaned the front area on a daily basis. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord didn't prove that he made reasonable efforts on a daily basis to maintain his premises in a clean manner.  Landlord didn't specify how often the area was cleaned each day. And his statement that he "now" cleaned the front area on a daily basis indicated that he didn't make regular efforts before the violation was issued.

Feder: ECB App. No. 1200843 (11/29/12) [2-pg. doc.]