Animal Waste Accumulated from Chickens Kept in Yard

DOHMH issued a violation notice to landlord for committing or maintaining a nuisance. The inspector saw a heavy accumulation of animal waste together with fly infestation in the rear yard of the building, which caused vile, overpowering odors affecting the neighboring properties. Landlord testified that she kept three hens in the backyard behind wire-mesh fencing and denied the presence of animal feces in the yard. Landlord claimed that the DOH inspector’s odor nuisance claims were exaggerated. The ALJ ruled against landlord and fined her $1,000. Landlord appealed and lost. Health Code Section 3.09 prohibits any person from committing or maintaining a nuisance. City Administrative Code Section 17-142 defined "nuisance" to include anything that rendered the air “unwholesome.” Contrary to landlord’s claim that the hens were birds, they were animals, and the Health Department’s inspector adequately described the source of the offensive odors. 

Lema: ECB App. No. 1501215 (1/28/16) [3-pg. doc.]