Violations Not Duplicative

January 1, 1996

LVT Number: 10298

DOS issued three violation notices to landlord for 1) failing to store receptacles, 2) having a dirty sidewalk, and 3) having loose rubbish. Landlord claimed these notices duplicated each other. The ALJ ruled for landlord only on the third notice, finding that it duplicated the second one. Landlord was fined $50. Landlord appealed. ECB ruled against landlord. The first violation was based on cardboard boxes and a bundle of newspapers left out for recycling collection on the wrong day. The second violation was for household waste, cardboard boxes, papers, dirt, etc.

DOS issued three violation notices to landlord for 1) failing to store receptacles, 2) having a dirty sidewalk, and 3) having loose rubbish. Landlord claimed these notices duplicated each other. The ALJ ruled for landlord only on the third notice, finding that it duplicated the second one. Landlord was fined $50. Landlord appealed. ECB ruled against landlord. The first violation was based on cardboard boxes and a bundle of newspapers left out for recycling collection on the wrong day. The second violation was for household waste, cardboard boxes, papers, dirt, etc. scattered on the sidewalk. And each violation was covered by a different section of the City Code.

Gottlieb: ECB App. No. 20240 (6/28/95) [2-page document]

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