Trash Was Left Out for Private Carting Company on Non-Collection Day

LVT Number: #28440

DOS issued a violation notice to landlord for leaving three 30-gallon plastic bags on the sidewalk in front of her building on a non-collection day. DOS collected trash on landlord's block on Mondays and Thursdays. Landlord pointed out that the ground-floor dentist's office in the building had used a private carting company to collect its trash for many years, and the carter's collection days were Tuesdays and Fridays. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost.

DOS issued a violation notice to landlord for leaving three 30-gallon plastic bags on the sidewalk in front of her building on a non-collection day. DOS collected trash on landlord's block on Mondays and Thursdays. Landlord pointed out that the ground-floor dentist's office in the building had used a private carting company to collect its trash for many years, and the carter's collection days were Tuesdays and Fridays. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. The pickup schedule for the private carting company was on Tuesday and Friday nights around 10 p.m. But the violation was issued at 1:30 p.m. on a Friday. 

Congiusta: ECB App. No. 1800105 (4/11/18) [2-pg. doc.]

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