Landlord Proved Reasonable Efforts to Clean Sidewalk

DOS issued a violation notice to landlord for not sweeping 18 inches into the street. Landlord showed that the building was a narrow residential building and that she swept twice daily. Landlord claimed the debris blew into the gutter in front of her building from a nearby theater. The theater owner swept only once at night. Landlord also claimed her building area was clean at the time the violation notice was issued. The ALJ ruled against landlord and fined her $50. Landlord appealed. ECB ruled for landlord, finding that landlord was using reasonable efforts to clean the area in front of her building. The fine was revoked.

City of New York v. Milwicz: ECB App. No. 18804 (9/22/94) [1-page document]