Sabbath Observance No Excuse for Not Clearing Snow

LVT Number: #24860

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of his building. Landlord admitted that the snowfall ended at 11 p.m. on Jan. 25, 2013, but claimed that he couldn't shovel until the following evening because he was a Sabbath observer and Jan. 26 was a Saturday. Landlord also argued that there were only two inches of snow. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Sabbath observance is not a defense to failure to clear snow and ice from a sidewalk.

DOS issued a violation notice to landlord for failing to remove snow and ice from the sidewalk in front of his building. Landlord admitted that the snowfall ended at 11 p.m. on Jan. 25, 2013, but claimed that he couldn't shovel until the following evening because he was a Sabbath observer and Jan. 26 was a Saturday. Landlord also argued that there were only two inches of snow. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Sabbath observance is not a defense to failure to clear snow and ice from a sidewalk. Landlord was responsible for making other arrangements if he couldn't shovel the snow himself.

Zanger: ECB App. No. 1300178 (4/25/13) [2-pg. doc.]

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