Man Fined $2,000 for Removing Recyclables

LVT Number: #25321

DOS issued a violation notice to an individual who was removing recyclables placed out for collection in front of landlord's building and placing them in his van. The DOS inspector testified that he saw the man and his wife and son removing huge 40-gallon bags filled with recyclable bottles and cans and placing them into the van. The inspector issued the violation, explained that the man's actions were unlawful, and impounded the van. The man claimed that he didn't know his actions were illegal and that he couldn't afford to pay any fines.

DOS issued a violation notice to an individual who was removing recyclables placed out for collection in front of landlord's building and placing them in his van. The DOS inspector testified that he saw the man and his wife and son removing huge 40-gallon bags filled with recyclable bottles and cans and placing them into the van. The inspector issued the violation, explained that the man's actions were unlawful, and impounded the van. The man claimed that he didn't know his actions were illegal and that he couldn't afford to pay any fines. The ALJ ruled against the man and fined him $2,000. He appealed and lost. Under Sanitation Code Section 16-118(7)(b)(1), it's unlawful to remove or transport by motor vehicle any amount of recyclable materials placed out for collection by landlords or tenants. DOS wasn't required to advise the man of the law. And financial hardship was no defense. 

Quinde-Suna: ECB App. No. 1301129 (12/19/13) [2-pg. doc.]

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