Violation Notice Sent to Wrong Landlord

LVT Number: #22944

DOS issued violation notices to landlord for uncovered trash receptacles and loose rubbish in front of a building at 120 McKibbin Street. Landlord claimed that he no longer owned the building, but had sold it in 2002. Landlord complained that he also had received other violation notices in error since then. Landlord did continue to own 118 McKibbin Street, the building next door. The ALJ ruled against landlord and fined him $200. Landlord appealed and won. Landlord's explanation was believable, and the ALJ should have dismissed the violations.

DOS issued violation notices to landlord for uncovered trash receptacles and loose rubbish in front of a building at 120 McKibbin Street. Landlord claimed that he no longer owned the building, but had sold it in 2002. Landlord complained that he also had received other violation notices in error since then. Landlord did continue to own 118 McKibbin Street, the building next door. The ALJ ruled against landlord and fined him $200. Landlord appealed and won. Landlord's explanation was believable, and the ALJ should have dismissed the violations.

Pena: ECB App. No. 1000226 (8/19/10) [3-pg. doc.]

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