Landlord Didn't Bundle and Tie Wood

LVT Number: #25154

DOS issued a violation notice to landlord after its inspector saw 10 pieces of wood, untied, unbound, and likely to be scattered, placed out for trash collection. Landlord denied the cited conditions. He claimed that he had bundled and tied together three pieces of plywood. The remaining unbundled wood pieces were too heavy to be tied together and constituted bulk debris items. Landlord submitted photos of how the items were placed for collection. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost.

DOS issued a violation notice to landlord after its inspector saw 10 pieces of wood, untied, unbound, and likely to be scattered, placed out for trash collection. Landlord denied the cited conditions. He claimed that he had bundled and tied together three pieces of plywood. The remaining unbundled wood pieces were too heavy to be tied together and constituted bulk debris items. Landlord submitted photos of how the items were placed for collection. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. Wood panels are considered light rubbish under Sanitation Code 16-120(d). Courts have ruled that pieces of wood and cement board are light rubbish because they can be scattered without secure bundling. Wedging the wood pieces between trash bags and a fence wasn't enough to secure the items. 

Wilson: ECB App. No. 1300662 (8/29/13) [3-pg. doc.]

Downloads

ECB_App_No_1300662.pdf98.92 KB