Violation Issued at Improper Time

DOS issued a violation notice to landlord for having a dirty sidewalk. The notice stated that loose debris was found in front of the building between 8 a.m. and 9 a.m. Landlord argued that the ground-floor commercial tenant didn't open its store until 10 a.m. and that no violation should have been issued before that time. The ALJ ruled against landlord and fined it $100. Landlord appealed and won. The commercial tenant was responsible for cleaning the sidewalk. DOS had posted a notice on the building stating that inspections would occur during commercial routing hours between 10 a.m. and 11 a.m., and between 2 p.m. and 3 p.m. ECB ruled for landlord and revoked the fine. DOS violated its own enforcement policy for mixed-use buildings by issuing the violation early in the day.

Lee's 545 Realty, Inc.: ECB App. No. 1200354 (6/28/12) [2-pg. doc.]