Sabbath Observance No Defense to Sanitation Violation

LVT Number: #25735

DOS issued a violation notice to landlord for having a dirty sidewalk in front of his building. Landlord claimed that the building was located in a highly trafficked area and that passersby from commercial buildings nearby dropped trash. Landlord claimed that he cleaned the area twice every day, before and after he went to work. He also argued that he observed a Sabbath on Saturdays and therefore was unable to clean before the violation was issued at 6 p.m. on a Saturday. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Observance of a Sabbath was no defense.

DOS issued a violation notice to landlord for having a dirty sidewalk in front of his building. Landlord claimed that the building was located in a highly trafficked area and that passersby from commercial buildings nearby dropped trash. Landlord claimed that he cleaned the area twice every day, before and after he went to work. He also argued that he observed a Sabbath on Saturdays and therefore was unable to clean before the violation was issued at 6 p.m. on a Saturday. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Observance of a Sabbath was no defense. Landlord must arrange for someone else to monitor the sidewalk and keep it clean at times that he was unavailable to do so. 

Sokolove: ECB App. No. 1400387 (7/31/14) [1-pg. doc.]

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