Cardboard Box with Household Waste on Sidewalk

The DOS issued landlord a violation notice for leaving household waste in an open cardboard box on the sidewalk. The ALJ fined landlord $50, and he appealed. Landlord argued that tenant had put the overflow into a box that was next to the recycling can because DOS hadn't picked up the recyclables. The ECB upheld the fine. Household waste can't be put into an open box on the sidewalk regardless of whether or not DOS makes its regular recycling pickup. And landlord shouldn't have left the open box on the sidewalk, even if tenant had placed it there.

City of New York v. Sutell: ECB App. No. 19257 (8/10/94) [2-page document]