Sidewalk Cleaned Three Times per Day

DOS issued a violation notice to landlord based on garbage scattered in front of landlord's building. Landlord said that on the date the violation was issued, tenant was moving out of the building. Landlord also claimed that the super was cleaning the sidewalk at noontime, when the violation was issued. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord's testimony was consistent with the violation notice, which stated that the inspector ''spoke with super.'' And landlord credibly claimed that he cleaned the sidewalk three times per day. The fine was revoked.

Pyrovolakis: ECB App. No. 43047 (1/19/06) [2-pg. doc.]