Regular Sweeping Efforts Not Shown

The DOS issued a violation notice to landlord for not cleaning 18 inches into the street. Landlord claimed that he measured the distance between the curb and the garbage less than ten minutes after the violation notice was issued, and found the distance to be 26 inches. Landlord regularly swept in front of the building once a day between 10 and 11 a.m. and then checked throughout the rest of the day to determine if further sweeping was needed. The ALJ ruled against landlord, and fined him $50. Landlord appealed, and the ECB ruled against landlord. Landlord wasn't at the building at the time of the violation notice; it was possible that the litter was closer to the curb at that time. And, one sweeping per day with subsequent checking isn't enough to show that reasonable efforts were made throughout the day to keep the curb area clean.

City of New York v. Naples Leasing Corp.: ECB App. No. 7708 (9/16/92) [2-page document]