Sabbath Observance No Defense to Sanitation Violation

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of his building. The violation was issued on Saturday, Jan. 10, 2015, at 7:30 a.m. A snow storm had ended at midnight on Friday. Building Code Section 16-123 required landlord to remove snow within four hours after it stopped falling, with the time between 9 p.m. and 7 a.m. not being included in the four-hour period. Landlord argued that the snowfall ended on the morning of Jan. 10, not on Friday, Jan. 9. Landlord also said that he observed a Saturday Sabbath and therefore couldn't remove the snow that day. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Landlord offered no proof that the snow storm ended later than reported by the DOS inspector. And Sabbath observance wasn't a defense to the violation. Landlord must make arrangements for someone else to shovel snow to comply with the law.

Yadgarov: ECB App. No. 1500277 (4/30/15) [3-pg. doc.]