Two Cleanings a Day Not Enough

The DOS issued a notice of violation to landlord for failing to clean 18 inches into the street. The notice stated that cars were parked one foot from the curb and that there were cups, paper bags, and other debris in front of landlord's building. Landlord claimed that the building superintendent generally swept in front of the building twice a day and that there was heavy pedestrian traffic. The ALJ found that landlord hadn't made reasonable efforts to clean 18 inches into the street and fined landlord $50. Landlord appealed, and the ECB dismissed landlord's appeal. Parked cars are no defense; there was room for cleaning. And if there is heavy pedestrian traffic, more than two daily cleanings may be required to qualify as a reasonable effort to keep the area clean

[Bresser: ECB Appeal No. 10672 (2/26/92)]. 2-page document.