Sabbath Observance Not a Defense to Missed Curb Cleaning Requirements

DOS issued a violation notice to landlord of two-family house after its inspector found napkins, wrappers, and pieces of paper within the 18-inch curb line in front of landlord's building. Landlord claimed that he and his wife constantly kept the area clean, but they both observed the Sabbath on Saturdays and therefore didn't clean on those days. The ALJ ruled against landlord and fined it $100, finding that because no cleaning occurred on Saturdays, landlord failed to establish a reasonable efforts defense. Landlord appealed and lost. Landlord must show that reasonable efforts are made on a regular daily basis. Landlord may have to arrange for someone else to keep the curb area clean on the Sabbath.

1853 LLC: ECB App. No. 1700439 (7/6/17) [1-pg. doc.]