Box with Garbage Placed at Curb

DOS issued a violation notice to landlord for putting trash in an improper receptacle. The notice stated that there was a large cardboard box filled with garbage at curbside in front of the building. Landlord claimed that the trash was put out properly the night before collection was scheduled. The ALJ ruled against landlord and fined him $50. Even if a tenant put the box outside, landlord was still responsible. Landlord appealed, still claiming there was no cardboard box outside the building on the morning in question. ECB ruled against landlord. The violation notice was credible, and landlord didn't prove that the improper box wasn't there.

Magnone: ECB App. No. 26697 (8/13/97) [2-page document]