Wrong Violation Notice Slipped Under Door

DOS issued a violation notice to landlord for having an improper recycling container. Landlord claimed improper service of the notice. The ALJ ignored landlord's claim and fined him $25. Landlord appealed. Landlord and other witnesses showed that although DOS mailed landlord a copy of the correct violation notice, DOS had put under landlord's door a copy of an unrelated violation notice made out to another landlord for another building down the block. ECB ruled for landlord and revoked the fine.

Rivera: ECB App. No. 23820 (4/30/97) [2-page document]