Landlord Didn't Place Improper Recycling Container on Sidewalk

DOS issued a violation notice to landlord for mixing household garbage with recyclables in a blue recycling trash bag. Landlord claimed that she didn't put the bag in question out for collection. The ALJ ruled against landlord and fined her $25. Landlord appealed, again arguing that the only building occupants were herself, her husband, and one tenant; that they only used blue recycling bags on Tuesdays; that they generated little recyclable trash; that it wasn't recycling day when the bag in question was discovered; and that someone had been placing garbage bags in front of her house. ECB ruled for landlord, finding her testimony believable. The fine was revoked.

Gordon: ECB App. No. 25200 (4/30/97) [2-page document]