Landlord Got Okay to Place Untied Wood at Curb

November 1, 2005

LVT Number: 18472

DOS issued a violation notice to landlord for loose rubbish. The violation stated that there were 20 pieces of untied wood left at curbside. Landlord testified that each piece of wood was two by four feet, weighing 50 pounds. He thought they would be too heavy for DOS workers to lift if tied together. And, he said, he called DOS twice for disposal instructions and was told each time that he could place the wood out for disposal untied. The ALJ rule against landlord and fined him $50. Landlord appealed. The ECB ruled for landlord and revoked the fine.

DOS issued a violation notice to landlord for loose rubbish. The violation stated that there were 20 pieces of untied wood left at curbside. Landlord testified that each piece of wood was two by four feet, weighing 50 pounds. He thought they would be too heavy for DOS workers to lift if tied together. And, he said, he called DOS twice for disposal instructions and was told each time that he could place the wood out for disposal untied. The ALJ rule against landlord and fined him $50. Landlord appealed. The ECB ruled for landlord and revoked the fine. Respondent's testimony was believable.

Newman: ECB App. No. 42329 (9/29/05) [2-pg. doc.]

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