Landlord Claims No Garbage Pickup

LVT Number: 9628

DOS issued a violation notice to landlord for not cleaning 18 inches into the street in front of his building. The ALJ ruled against landlord and fined him $50. Landlord appealed, arguing that DOS hadn't picked up the garbage on the day the violation was issued. The ECB ruled against landlord. Landlord had a duty to keep his area, including the gutter, clean even if the garbage wasn't picked up that day.

DOS issued a violation notice to landlord for not cleaning 18 inches into the street in front of his building. The ALJ ruled against landlord and fined him $50. Landlord appealed, arguing that DOS hadn't picked up the garbage on the day the violation was issued. The ECB ruled against landlord. Landlord had a duty to keep his area, including the gutter, clean even if the garbage wasn't picked up that day.

Mirkhani: ECB App. No. 20738 (8/10/94) [2-page document]

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