Tenant's Recycling Violation Revoked

DOS issued a violation notice to tenant for improperly disposing of magazines. The inspector found a pile of magazines on a corner near tenant's building. All the magazines had mailing labels identifying tenant. Tenant claimed that he had properly placed the magazines out for trash collection. The ALJ ruled against tenant, finding that tenant placed the magazines at the corner, and fined him $100. Tenant appealed, claiming that the ALJ misunderstood his testimony. ECB ruled for tenant and revoked the fine. Tenant had stated that at 9 p.m. on the night before the violation notice was issued, he put two bundles of his magazines out for recycling collection the next day. Tenant said someone must have moved the magazines to the corner where the inspector found them.

Negron: ECB App. No. 42233 (2/22/07) [2-pg. doc.]