Tenant Excused from Trash Violation

DOS issued a violation notice to tenant after finding three cardboard boxes containing tenant's name and address in front of the building filled with loose trash. Tenant claimed that he placed his recyclables and household trash out for collection only on trash collection dates. He claimed that another tenant who was moving out had taken his boxes from the hall and used them. The ALJ didn't believe tenant and fined him $100. Tenant appealed and won. ECB found that the ALJ misunderstood some facts and testimony presented by tenant. ECB revoked the fine. Tenant's claim that he didn't place the loose trash out on the curb was believable.

Bachand: ECB App. No. 45714 (4/26/07) [2-pg. doc.]