Violation Notice Not Mailed to Second Address

LVT Number: 17015

DOS issued a violation notice to landlord for not storing a trash receptacle. It was left on the curb for collection on a day when there was no trash collection. Landlord asked the ALJ to dismiss the violation because it wasn't mailed to the alternate address where landlord primarily received his mail. The ALJ ruled against landlord and fined him $50. Landlord appealed and won. DOS left a copy of the notice at the building and mailed another copy to the building. But landlord had a different address in Department of Finance records.

DOS issued a violation notice to landlord for not storing a trash receptacle. It was left on the curb for collection on a day when there was no trash collection. Landlord asked the ALJ to dismiss the violation because it wasn't mailed to the alternate address where landlord primarily received his mail. The ALJ ruled against landlord and fined him $50. Landlord appealed and won. DOS left a copy of the notice at the building and mailed another copy to the building. But landlord had a different address in Department of Finance records. By law, DOS was required to mail a copy of the violation notice to landlord at this alternate address.

Cascio: ECB App. No. 41493 (7/29/03) [3-pg. doc.]

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