Violation Notice Not Defective

DOS issued a violation notice to landlord for not properly putting recyclables out for collection. The notice said that a number of cardboard boxes were put out but not tied, flattened, or bundled properly. Landlord claimed that the notice wasn't sent properly, that it cited a nonexistent Sanitation Code section, and that it didn't give sufficient notice of the violation. The ALJ ruled against landlord and fined it $25. Landlord appealed and lost. The violation notice was clear and cited both the rules regarding placement of cardboard items and glass and metal items. The fact that an additional rule was cited didn't make the violation notice defective.

Barklee 94 LLC: ECB App. No. 35334 (7/30/02) [2-pg. doc.]