Landlord Left Snow and Ice on Sidewalk for Two Days

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of his building. The inspector issued the violation on Jan. 17, 2004, at 7 a.m. and stated that a snowstorm had ended on Jan. 15 at 10 a.m. The inspector stated at a hearing that he saw no salt or sand applied to the snow and no attempt to remove the snow or ice. Landlord testified that he applied snow-melt to the snow and ice within four hours after the storm ended but waited an additional 23 hours from the snow-melt application to remove the snow and ice from the sidewalk. The ALJ ruled against landlord, interpreting the law as requiring that the snow and ice be removed within a reasonable time. The ALJ found that landlord didn't remove the snow and ice within a reasonable time and fined him $100. Landlord appealed, and submitted photographs showing that he had shoveled a pathway through the snow. He also argued that it was improper for the inspector to wait as long as he did to issue the violation. The ECB ruled against landlord. N.Y.C. Administrative Code Section 16-123 requires landlord to thoroughly clean snow and ice from the sidewalk. The pathway that landlord cleared wasn't sufficient. And DOS was under no obligation to issue a violation notice immediately after the snowstorm.

Green: ECB App. No. 43107 (10/25/07) [2-pg. doc.]