Landlord Tied Magazines in Cardboard Boxes

LVT Number: 10368

DOS issued a violation notice to landlord for loose rubbish because landlord left magazines in a cardboard box. They were apparently strewn around the street. Landlord claimed he put the paper in the box to prevent the magazines from scattering and that street people probably untied them. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB ruled against landlord. Cardboard boxes shouldn't be used to hold other garbage. They must be broken down and tied together flat. It didn't matter that other people may have tampered with the garbage.

DOS issued a violation notice to landlord for loose rubbish because landlord left magazines in a cardboard box. They were apparently strewn around the street. Landlord claimed he put the paper in the box to prevent the magazines from scattering and that street people probably untied them. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB ruled against landlord. Cardboard boxes shouldn't be used to hold other garbage. They must be broken down and tied together flat. It didn't matter that other people may have tampered with the garbage.

DeBiaso: ECB App. No. 21846 (6/28/95) [2-page document]

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