Trash Cans Didn't Belong to Landlord's Building

DOS issued a violation notice to landlord for failure to store trash receptacles. The notice stated that two full trash cans were left at curbside for collection on days when none was scheduled. Landlord claimed that the trash cans weren't in front of his building. He said that they were his neighbor's cans and were in front of the building next door. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord offered credible proof, including photographs, that two trash cans that actually sat in front of the next-door building could appear to be in front of landlord's building. The fine was revoked.

Kwan: ECB App. No. 46200 (5/29/08) [1-pg. doc.]