Violation Notice Issued to Wrong Party

DOS issued a violation notice to landlord for not storing a garbage receptacle. The notice stated that a garbage container was placed in front of 89 Sterling Street on a non-collection day. Landlord who got the violation notice argued that it was sent to the wrong party. The ALJ ruled against landlord and fined him $50. Landlord appealed, again pointing out that he owned 89 Sterling Place, which was a different address from 89 Sterling Street. Landlord submitted a copy of his building deed, as well as the deed for the other building, to support his claim. The ECB ruled for landlord and revoked the fine.

Davis: ECB App. No. 35506 (9/29/05) [2-pg. doc.]