Landlord Not Responsible for Trash Left Out for Collection

DOS issued a violation notice to landlord for failing to store trash in receptacles. The DOS inspector found trash bags left out for collection on a Tuesday when collection days on that block were Wednesday and Saturday. Landlord argued that he was away on vacation the week in question. The ALJ ruled against landlord and fined him $100. Landlord appealed, and said that the ALJ misunderstood him. He didn't mean that he went away and left the trash out. He was away, and therefore someone else left the trash in front of his building. He didn't place the bags found by the inspector out for collection. ECB ruled for landlord and revoked the fine.

Pecora: ECB App. No. 47909 (2/26/09) [1-pg. doc.]