Two Cleanings Per Day Not Enough

DOS issued a violation notice to landlord for not cleaning 18 inches into the street. Landlord claimed that he swept twice a day, before 10 a.m. and after 3 p.m. Landlord pointed out that there was a school across the street and that he swept after children left the area. The violation notice was issued at 2:20 p.m. on a school day. Landlord also stated that Con Edison workers were digging up the street that day and that they had no garbage containers. The ALJ ruled against landlord and fined him $50. Landlord appealed, pointing out that he'd never received a prior dirty sidewalk violation. ECB ruled against landlord. Two sweepings per day weren't sufficient, given the nature of the surrounding area and the amount of debris listed in the violation notice.

Gaudio: ECB App. No. 21648 (6/26/96) [2-page document]