Violation Notice Cited Wrong Condition

DOS issued a violation notice to landlord for loose rubbish because landlord left a cardboard box and cardboard pieces at the curb without properly binding or securing them. Landlord claimed that the cardboard boxes were put out for collection in a receptacle with a green recycling label. The ALJ ruled against landlord and fined her $50. The ALJ said it was a violation to put cardboard boxes in the recycling containers. Landlord appealed and won. Landlord may have violated recycling violations, but the condition cited in the violation was for leaving loose rubbish at the curb. Landlord didn't do this.

Rabinowitz: ECB App. No. 41823 (3/30/04) [3-pg. doc.]