Uncovered Trash Can Provides Food for Rodents

The Department of Health and Mental Hygiene issued a violation notice to landlord for failing to manage waste to prevent pests. The agency's inspector reported unsanitary garbage conditions providing food for rodents in an uncovered container outside the building. Landlord claimed that each of the four garbage containers at the building was normally covered, but admitted that, if too full, they may at times not be fully covered. The ALJ ruled against landlord and fined him $300. Landlord appealed and lost. Landlord was required by Health Code Section 151.02(b) to store refuse and garbage in tightly covered receptacles resistant to rodents until time for pickup. Landlord offered no proof to rebut what the inspector saw.

Zhang: ECB App. No. 1200948 (11/29/12) [2-pg. doc.]