Wrong Person Named on Violation Notice

DEP issued a violation notice to landlord for using the public water system to water his lawn outside of the hours permitted by the Drought Emergency Rules. Landlord claimed that the violation notice didn't state his name and misstated the building's address. The ALJ ruled against landlord because he'd gotten a copy of the notice by hand delivery. Landlord was fined $250. Landlord appealed and won. The notice misstated both landlord's name and the building address. The violation must be dismissed as defective.

Sarahweiss: ECB App. No. 41357 (6/29/06) [2-pg. doc.]