Violation Notice Needn't Specify Type of Cardboard

LVT Number: 18787

DOS issued a violation notice to landlord for leaving untied cardboard box pieces out at the curb for collection. Landlord claimed that the violation was defective because it didn't specify whether the cardboard was smooth or corrugated. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. The violation notice wasn't defective. The regulation in question states that rubbish that's likely to be blown or scattered must be securely bundled, tied, or packed. The regulation doesn't distinguish between types of cardboard.

DOS issued a violation notice to landlord for leaving untied cardboard box pieces out at the curb for collection. Landlord claimed that the violation was defective because it didn't specify whether the cardboard was smooth or corrugated. The ALJ ruled against landlord and fined him $50. Landlord appealed and lost. The violation notice wasn't defective. The regulation in question states that rubbish that's likely to be blown or scattered must be securely bundled, tied, or packed. The regulation doesn't distinguish between types of cardboard.

Gussin: ECB App. No. 42697 (2/23/06) [2-pg. doc.]

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