Rubbish Didn't Come from Building

DOS issued a violation notice to landlord for having loose rubbish on the sidewalk in front of the building. Landlord claimed that the wood, metal studs, and metal bed frame that were the subject of the violation were put on the sidewalk by someone else. The ALJ ruled against landlord and fined it $50. Landlord appealed and won. Landlord's building super had testified that the sidewalk was clean one hour before the violation was issued and that sometimes construction garbage was left in front of the building by someone from another building. Since the testimony that the material didn't come from landlord's building was believable, landlord wasn't held responsible.

Barry Martin, Inc.: ECB App. No. 29498 (4/29/98) [2-pg. doc.]