Landlord Proved Adequate Number of Garbage Receptacles Provided

DOS issued a violation notice to landlord for insufficient trash receptacles. Landlord denied that receptacles were insufficient. The ALJ ruled against landlord and fined him $50. Landlord appealed, claiming that only four of the building's eight apartments were occupied and that he used five receptacles. Landlord also claimed that the church next door continuously placed its garbage in his cans without permission. Landlord stated that he used large plastic trash bags to contain excess garbage placed out for collection. ECB ruled for landlord and revoked the fine. Landlord submitted sufficient, believable proof that he provided trash receptacles in sufficient size and number.

Heyman: ECB App. No. 23573 (4/30/97) [2-page document]