Photograph Proves That Unsecured Boxes Came from Building Next Door

DOS issued a violation notice to landlord after finding multiple cardboard boxes placed out for collection that weren’t securely bundled or tied and therefore were likely to be scattered at and around the location. Landlord claimed that the boxes were placed out by owners of the building next door. Landlord had taken a photograph of the loose boxes on the morning of the violation notice in order to advise the neighbor. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord’s super corroborated landlord’s photograph and statement that landlord took the photo on the morning of the violation and that the neighboring building’s placement of trash too close to landlord’s building was a recurring problem. The fine was revoked. [Click here to download a PDF of the decision.]

Stoller: ECB App. No. 1600206 (3/31/16) [3-pg. doc.]