Trash Left Out by Next-Door Tenants

DOS issued a violation notice to landlord for failing to store trash receptacles. The DOS inspector found cardboard boxes and a bag of other recyclables in front of landlord's building on a noncollection day. Landlord claimed that she didn't place these items at her curb. The ALJ ruled against landlord and fined her $100. Landlord appealed and won. Landlord showed that labels on the cardboard boxes were addressed to people living at the building next door. ECB found that landlord sufficiently proved that the trash in question didn't come from her building.

Fraser: ECB App. No. 1000731 (12/16/10) [2-pg. doc.]