Violation Issued on a Collection Day

DOS issued a violation notice to landlord for leaving garbage out at the curb rather than storing it in a receptacle. Landlord argued that the garbage was left out for collection. The ALJ ruled against landlord and fined him $50. Landlord appealed. The notice stated that garbage pickup for landlord was on Mondays, Wednesdays, and Fridays. Landlord showed that collection was actually on Tuesdays, Thursdays, and Saturdays. ECB ruled for landlord. The notice was issued on a Thursday.

City of New York v. Pecenik: ECB App. No. 19390 (10/25/95) [2-page document]