Violation Notice Didn't State How It Was Delivered

The DOS issued a violation notice to landlord for having a dirty sidewalk in front of her building. The notice stated that there were cups, bags, napkins, straws, and other debris on the sidewalk and lining the curb. Landlord claimed that the notice wasn't personally delivered to her or affixed to the building. The ALJ ruled against landlord and fined her $50. Landlord appealed and won. A box on the violation notice, marked ''alternative service,'' was checked off. But the affidavit of service attached to the notice didn't specify how it was delivered. Since there was no statement of delivery, DOS didn't prove that the notice was properly delivered.

McMorris: ECB App. No. 39421 (4/27/04) [2-pg. doc.]