Violation Served Too Soon

LVT Number: 10222

DOS served landlord a violation notice for not removing snow/ice from the sidewalk in front of his building. Landlord claimed that DOS hadn't given him enough time to clear the snow. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB reversed and ruled for landlord. By law, landlord must clear snow or ice within four hours after the snow stops falling. But the time between 9:00 p.m. and 7:00 a.m. isn't included in the four hours. The violation notice was issued at 10:25 a.m. and stated that the snow stopped at 2:30 a.m. Landlord had until 11:00 a.m.

DOS served landlord a violation notice for not removing snow/ice from the sidewalk in front of his building. Landlord claimed that DOS hadn't given him enough time to clear the snow. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB reversed and ruled for landlord. By law, landlord must clear snow or ice within four hours after the snow stops falling. But the time between 9:00 p.m. and 7:00 a.m. isn't included in the four hours. The violation notice was issued at 10:25 a.m. and stated that the snow stopped at 2:30 a.m. Landlord had until 11:00 a.m. that day to clear the snow. The fine was revoked.

City of New York v. Estren: ECB App. No. 19806 (4/26/95) [2-page document]

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