Debris Embedded in Snow

DOS issued a violation notice to landlord for having a dirty sidewalk in front of his building. The inspector found a lot of matted debris on the sidewalk and building gate. Landlord claimed that tenant was supposed to keep the area clean and that the debris was frozen in snow. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. Landlord was responsible for cleaning in front of the building, no matter what his agreement with tenant was. By law, landlord also was required to remove snow, ice, dirt, or other material from the sidewalk within four hours after the snow had stopped falling. If landlord had properly removed the snow, he could have removed the embedded debris.

Rober: ECB App. No. 35746 (5/27/03) [3-pg. doc.]