Word Missing from Violation Notice

DOS issued a violation notice to landlord for not sweeping 18 inches into the street. Landlord claimed that she made reasonable efforts to keep the sidewalk clean. The ALJ ruled against landlord and fined her $50. Landlord appealed, claiming that the violation notice didn't properly state the violation with which landlord was charged. The notice mistakenly stated that landlord ''did sweep 18 inches into street'' instead of stating that landlord ''did not sweep 18 inches into street.'' ECB ruled against landlord. Even though a word was missing, landlord understood what the notice meant and had responded to the notice as it was meant.

Faison: ECB App. No. 29122 (12/17/97) [2-page document]