Violation Notice Not Properly Delivered

LVT Number: #20423

DOS issued two violation notices to landlord for failing to clean 18 inches into the street. Landlord claimed that the notices were improperly delivered. The inspector stated on both notices that he found the building locked, and no one answered the bell, his knocks, or calls. At a hearing, the inspector admitted that he didn't ring any doorbells because he didn't see one marked for the super. The ALJ ruled for DOS and fined landlord $200. Landlord appealed, claiming that he was at home in the building at the times of both notices.

DOS issued two violation notices to landlord for failing to clean 18 inches into the street. Landlord claimed that the notices were improperly delivered. The inspector stated on both notices that he found the building locked, and no one answered the bell, his knocks, or calls. At a hearing, the inspector admitted that he didn't ring any doorbells because he didn't see one marked for the super. The ALJ ruled for DOS and fined landlord $200. Landlord appealed, claiming that he was at home in the building at the times of both notices. He also claimed that he cleaned the curb area five times a day, every day. ECB ruled for landlord and revoked the fine. The inspector didn't make a reasonable attempt to deliver the notices to a person at the building before resorting to "nail and mail" service. The inspector's testimony didn't support his statement that no one responded to bells, knocks, or calls. So there was no reasonable attempt to personally deliver the violation notices.

Macpherson: ECB App. Nos. 46505-46506 (3/27/08) [2-pg. doc.]

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