Two Daily Cleanings Enough

DOS issued a violation notice to landlord for not cleaning the area 18 inches from the curb into the street in front of his building. The inspector noted that there was an accumulation of papers, wrappers, newspaper, and other debris scattered around a gutter. Landlord lived in the building and testified that he cleaned twice a day, at 8:00 am and 3:00 pm The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB reversed and revoked the fine. Landlord had cleaned on the day in question an hour before the inspection. The building was located in a mixed commercial and residential area, near a bus route, a fast food restaurant, a subway station, and a vacant lot. Landlord showed that he made reasonable efforts to keep the area clean.

Karran: ECB App. No. 34718 (6/24/03) [2-pg. doc.]