Landlord Didn't Perform Regular Daily Cleaning

DOS issued a violation notice to landlord for having a dirty area in front of his building. The DOS inspector reported seeing a large accumulation of matted cigarette packs, cups, napkins, and other paper in the driveway. Landlord claimed that he and his wife cleaned in front of the building regularly, but not every day, and that their tenant was elderly. They claimed that they didn't cause the garbage cited in the violation and didn't see it until after they had raked leaves that had blown into the driveway. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. It was no defense that landlord wasn't the source of the garbage found at the scene. Property owners are responsible for keeping their premises free of debris, regardless of the cause. Landlord also didn't demonstrate that reasonable efforts were made to keep the area clean. He admitted that daily cleaning wasn't performed. To prove reasonable efforts were made requires a showing that efforts are made on a regular daily basis.

Brenner: ECB App. No. 1200828 (11/29/12) [3-pg. doc.]