No Fine for Closed Trash Bags Placed in Open Cans

DOS issued a violation notice to landlord for having an uncovered trash receptacle in front of his building. Landlord argued that he had placed closed trash bags into the uncovered cans for pickup. The ALJ ruled against landlord and upheld the fine. Landlord appealed and won. The placement of trash in tightly sealed plastic garbage bags inside uncovered trash cans doesn't violate the Sanitation Code. The violation was dismissed.

Rosenbaum: ECB App. No. 1000568 (9/30/10) [2-pg. doc.]