Religious Holiday Observance Doesn't Excuse Placing Trash Cans Out Too Early

DOS issued a violation notice to landlord for placing trash cans out too early for the following day’s collection. Landlord opposed the violation, but the ALJ fined him $100. Landlord appealed and lost. The violation stated that the cans were on the curb one hour and 27 minutes before the proper time, which was 12 hours before pickup. Landlord claimed for the first time on appeal that observance of a religious holiday prevented him from placing the cans out at the proper time. He also said he was never warned that this was a violation. ECB ruled against landlord. ECB can’t consider new arguments on appeal. And, even if it did, observance of a religious holiday doesn’t excuse a landlord from complying with Sanitation Code Section 16-120(c) concerning time for placing receptacles out for collection. It also was no defense that landlord was never warned about this by DOS.

Loverdi: ECB App. No. 1501153 (12/17/15) [1-pg. doc.]