Violation Notice Properly Delivered by 'Nail and Mail'

DOS issued a violation notice to landlord for leaving loose rubbish in front of his building. Landlord denied this and claimed that the violation notice wasn't properly delivered. The ALJ ruled against landlord and fined him $100. Landlord appealed. ECB found that the notice was delivered properly. The inspector's affidavit of service stated that he attempted to enter the building, found it was locked, and no one responded when he rang the bell, so he knocked at the door, and called out. After making a reasonable attempt at personal delivery, the inspector properly left a copy of the notice at the building and mailed another copy to landlord. However, ECB also found that landlord hadn't left loose rubbish out for collection and revoked the fine.

Grossman: ECB App. No. 46530 (8/14/08) [2-pg. doc.]