Landlord Claims Debris Blown from Across Street

DOS issued a violation notice to landlord for not cleaning 18 inches into the street in front of his building. Landlord claimed that the dirty condition was caused by windblown debris coming from commercial buildings across the street. The ALJ ruled against landlord and fined him $50. Landlord appealed, arguing that he made a reasonable effort to clean by sweeping twice a day. The ECB ruled against landlord. Landlord has a responsibility to keep his area clean, even if he doesn't cause the dirty condition. And the violation notice described a substantial amount of litter, some of which was matted down.

Friedman: ECB App. No. 21049 (8/10/94) [2-page document]