Violation Dismissed Due to Incorrect Code Citation

(Decision submitted by Manhattan attorney Robert Susser, who represented the owner.)

DOS issued a violation notice under NYC Administrative Code Section 16-120(c) for failing to properly store waste receptacles. Specifically, the DOS inspector noted that he saw a microwave oven left on the sidewalk, not properly stored. Landlord argued that whether there was a microwave oven on the sidewalk on a noncollection day didn’t prove a violation of Code Section 16-120(c). The ALJ ruled against landlord and fined it $100. Landlord appealed and won. Code Section 16-120 covers “receptacles for the removal of waste material” and how they should be stored in the building until time for trash removal. This has nothing to do with a microwave oven left on the sidewalk. The violation in question had nothing to do with the rule DOS relied on.

113 W. 15th St. Owners Corp.: ECB App. No. 0900559 (2/25/10) [3-pg. doc.]