Two Violations Within Two Hours

LVT Number: 12269

DOS issued two violation notices to landlord based on dirty sidewalk conditions. Landlord claimed that the two violations were duplicates. They were issued on the same day, one at 9:45 a.m. and one at 11:30 a.m. Landlord stated that he cleaned twice a day, at 9:00 a.m. and 4:00 p.m. The ALJ ruled against landlord and fined him $100. Landlord appealed, again claiming that the two violation notices were unfair. ECB ruled against landlord. Given the size of landlord's building, a full-time super was required, and landlord had sufficient time between inspections to have cleaned up.

DOS issued two violation notices to landlord based on dirty sidewalk conditions. Landlord claimed that the two violations were duplicates. They were issued on the same day, one at 9:45 a.m. and one at 11:30 a.m. Landlord stated that he cleaned twice a day, at 9:00 a.m. and 4:00 p.m. The ALJ ruled against landlord and fined him $100. Landlord appealed, again claiming that the two violation notices were unfair. ECB ruled against landlord. Given the size of landlord's building, a full-time super was required, and landlord had sufficient time between inspections to have cleaned up. Landlord didn't show that a reasonable effort was made to keep the sidewalk clean.

39-06 62nd St. Realty Corp.: ECB App. Nos. 25717-18 (5/28/97) [2-page document]

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