A tiny amount of trash of only 7-9 or so small napkin sized items were found on my sidewalk's soil in NYC. Is the ticket justified?

[sylvalant]

Jurisdiction

New York

The trash is mostly on the soil area where the city plants trees. It didn't pose a safety hazard or obstruct foot traffic. Did I get a bogus sanitation violation ticket? Here is a picture of that sidewalk as it was when the violation ticket was written. Here is a screenshot of my sidewalk uploaded to well known and reputable image hosting site Imageshack https://imagizer.imageshack.com/img924/3493/Redm6G.jpg

Should I fight this ticket?

 

[Michael Wechsler]

Coincidentally, I happen to have a significant amount of experience in this area and won two summonses against New York City Department of Sanitation at OATH - the Office of Administrative Trials and Hearings whose website you can find here: Office of Administrative Trials and Hearings

1) What is the specific violation you received?
2) Is there any written description on the ticket? There should be.
3) Where exactly did this take place?

Without these details, we cannot comment. Multiple violations mean they can pile up offenses against you and charge you more. It is also important address smartly if you value your time and consider an in person hearing remotely (which requires advance notice.) In person is best but, unless you're near the office, it can consume a substantial amount of time. My guess is that a decision by mail may substantially reduce the likelihood of a success outcome based on my prior experience and unscientific approach to my opinion.

 

[sylvalant]

Coincidentally, I happen to have a significant amount of experience in this area and won two summonses against New York City Department of Sanitation at OATH - the Office of Administrative Trials and Hearings whose website you can find here: Office of Administrative Trials and Hearings

1) What is the specific violation you received?
2) Is there any written description on the ticket? There should be.
3) Where exactly did this take place?

Without these details, we cannot comment. Multiple violations mean they can pile up offenses against you and charge you more. It is also important address smartly if you value your time and consider an in person hearing remotely (which requires advance notice.) In person is best but, unless you're near the office, it can consume a substantial amount of time. My guess is that a decision by mail may substantially reduce the likelihood of a success outcome based on my prior experience and unscientific approach to my opinion.

For the first 2 questions:



This was In Gravesend Brooklyn, NYC

 

[adjusterjack]

Did I get a bogus sanitation violation ticket?

Nope.

Here's the ordinance: part that applies.

16-118-(2)(a) Every owner, lessee, tenant, occupant or person in charge of any building or premises shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said building or premises free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter, debris and other offensive material.

§ 16-118 Littering prohibited.

Legal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet

codelibrary.amlegal.com

Probably not even your trash, but the law says you have to clean it up. Has nothing to do with safety or obstruction. It's obvious to me that it has to do with appearance.

 

[Michael Wechsler]

If this is a ticket for a residential home (such as a house), I've argued that it is an inherently a 'bogus' regulation that it's about time the Department of Sanitation did away with once and for all. Follow up question: What time did this violation take place? Might it be 8:36am as per the photograph? Residential or commercial property? Let's take a look at the Department of Sanitation / City of New York municipal regulation:

2. (a) Every owner, lessee, tenant, occupant or person in charge of any building or premises shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said building or premises free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter, debris and other offensive material. Such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the building or premises and the roadway area extending one and one-half feet from the curbstone into the street on which the building or premises front. Such persons shall not, however, be responsible for cleaning the garbage, refuse, rubbish, litter, debris and other offensive material which accumulates at catch basins located within the one and one-half foot distance from the curbstone into the street.

So the office cited the corect section but let's examine the situation a little more carefully. One of the main problems with this New York City regulation is the infeasibility of residents who live in a house to avoid this type of a ticket if they work during standard work ours. The DSNY (Department of Santiation of New York) employees can only issue summonses from 8-9AM and 6-7pm during weekdays. See Sidewalk Cleaning · NYC311 How could anyone reasonably be able to ensure a street is clean if the summons issued is in the morning hours and especially when it's closer to 9am? The ability to avoid such a ticket is not feasible since you'd need to have someone retained to clean the street every morning. This argument is generally not available if applied to a commercial property owner (which the store front might suggest) or own a building with a live in super and staff, as the law intends to address those who are in the vicinity at the beginning and end of the day and ensure it is clean. (If you're in a commercial storefront and close up shop at 5pm, they're expecting you to stay until 7pm to make sure you sweep - and that's less practical.)

Here is the DoS sidewalk and adjacent areas (street) enforcement routing information: DSNY - The City of New York Department of Sanitation

Look closely at the description of this summons and you'll see the word "matted" included. This is not random. It is a specific word used to describe trash that has been pounded down into the area so that it is assumed that it has been embedded into the street or sidewalk area for a significant period of time and neglected by the property owner. It is interesting to note that the trash is situated in the tree pit area next to the car, which suggests that it could likely be the result of those parking tossing their trash out the window and appears to have scattered in several directions. It's an argument to make although the court alone may not agree.

The defense in these cases, especially during the weak time zones I mention above, is to establish that you have a habitual pattern and routine to clean each day and this is the result of sudden and unexpected accumulation of refuse resulting from the actions of an unknown party. If you can prove you have such a routine, such as through witnesses or cameras, you might start creating some standing. If you have video evidence of someone else disposing of the rubbish, you might find a sympathetic ALJ (administrative law judge) who may respect your effort but it's more challenging to apply if you're a commercial storefront owner.

There is probably more I'll need to review with my own notes but this is a start of how to approach these types of summonses.

 

[adjusterjack]

The roll-up gate suggests a storefront, not residence.

 

[Zigner]

If this is a business, pay the $50. You'll spend WAY more than that doing anything else.
If this is a residence...same thing.

 

[Michael Wechsler]

The roll-up gate suggests a storefront, not residence.

Agreed. There appear to be doorways next door so it's possible, although not likely, that the summonses could have been imposed on them as property owners.

If this is a business, pay the $50. You'll spend WAY more than that doing anything else.
If this is a residence...same thing.

I disagree about the residence issue. Look at the maximum fine of $300. Per my discussion with the Department of Sanitation, the fine goes up as a multiple offender. Being hit with repeat $300 fines was the primary reason for fighting it - and perhaps it was coincidence that the rampant summonses ceased after I won.

 

[Zigner]

Agreed. There appear to be doorways next door so it's possible, although not likely, that the summonses could have been imposed on them as property owners.


I disagree about the residence issue. Look at the maximum fine of $300. Per my discussion with the Department of Sanitation, the fine goes up as a multiple offender. Being hit with repeat $300 fines was the primary reason for fighting it - and perhaps it was coincidence that the rampant summonses ceased after I won.

I was speaking only of the $50 mail-in payment option.

 

[welkin]

The trash is mostly on the soil area where the city plants trees. It didn't pose a safety hazard or obstruct foot traffic. Did I get a bogus sanitation violation ticket? Here is a picture of that sidewalk as it was when the violation ticket was written. Here is a screenshot of my sidewalk uploaded to well known and reputable image hosting site Imageshack https://imagizer.imageshack.com/img924/3493/Redm6G.jpg

Should I fight this ticket?

First think you do when you when you open is get a broom and dustpan and spend 5 minutes cleaning up the sidewalk. Then that will be your future defense should you get another summons.

It is, after all, the front of your business and you don't what it to look like a sh**hole. The sidewalk down the block looks pretty clean.

 

[Michael Wechsler]

I was speaking only of the $50 mail-in payment option.

First think you do when you when you open is get a broom and dustpan and spend 5 minutes cleaning up the sidewalk. Then that will be your future defense should you get another summons.

It is, after all, the front of your business and you don't what it to look like a sh**hole. The sidewalk down the block looks pretty clean.

Agree with the above, especially if it's your storefront. Your possible defense to arriving after the DoS does to observations such as 'contents of ash tray' which makes it appear that someone emptied their car in front of the store is to broom and sweep. I'm assuming that their priority is different than residential, and assumes that a property owners will make sidewalks reasonably clear from rubbish during hours expected for high pedestrian traffic. Good luck.

 

[sylvalant]

Ok thanks everyone.

If this is a ticket for a residential home (such as a house), I've argued that it is an inherently a 'bogus' regulation that it's about time the Department of Sanitation did away with once and for all. Follow up question: What time did this violation take place? Might it be 8:36am as per the photograph? Residential or commercial property? Let's take a look at the Department of Sanitation / City of New York municipal regulation:

Yes 8:36 am. Mixed use buildings first floor is a storefront I rented out.

2. (a) Every owner, lessee, tenant, occupant or person in charge of any building or premises shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said building or premises free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter, debris and other offensive material. Such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the building or premises and the roadway area extending one and one-half feet from the curbstone into the street on which the building or premises front. Such persons shall not, however, be responsible for cleaning the garbage, refuse, rubbish, litter, debris and other offensive material which accumulates at catch basins located within the one and one-half foot distance from the curbstone into the street.

So the office cited the corect section but let's examine the situation a little more carefully. One of the main problems with this New York City regulation is the infeasibility of residents who live in a house to avoid this type of a ticket if they work during standard work ours. The DSNY (Department of Santiation of New York) employees can only issue summonses from 8-9AM and 6-7pm during weekdays. See Sidewalk Cleaning · NYC311 How could anyone reasonably be able to ensure a street is clean if the summons issued is in the morning hours and especially when it's closer to 9am? The ability to avoid such a ticket is not feasible since you'd need to have someone retained to clean the street every morning. This argument is generally not available if applied to a commercial property owner (which the store front might suggest) or own a building with a live in super and staff, as the law intends to address those who are in the vicinity at the beginning and end of the day and ensure it is clean. (If you're in a commercial storefront and close up shop at 5pm, they're expecting you to stay until 7pm to make sure you sweep - and that's less practical.)

Here is the DoS sidewalk and adjacent areas (street) enforcement routing information: DSNY - The City of New York Department of Sanitation

Look closely at the description of this summons and you'll see the word "matted" included. This is not random. It is a specific word used to describe trash that has been pounded down into the area so that it is assumed that it has been embedded into the street or sidewalk area for a significant period of time and neglected by the property owner. It is interesting to note that the trash is situated in the tree pit area next to the car, which suggests that it could likely be the result of those parking tossing their trash out the window and appears to have scattered in several directions. It's an argument to make although the court alone may not agree.

The defense in these cases, especially during the weak time zones I mention above, is to establish that you have a habitual pattern and routine to clean each day and this is the result of sudden and unexpected accumulation of refuse resulting from the actions of an unknown party. If you can prove you have such a routine, such as through witnesses or cameras, you might start creating some standing. If you have video evidence of someone else disposing of the rubbish, you might find a sympathetic ALJ (administrative law judge) who may respect your effort but it's more challenging to apply if you're a commercial storefront owner.

So my best defense is to show that we have a daily routine sweeping ?

 

[Michael Wechsler]

Ok thanks everyone.

Yes 8:36 am. Mixed use buildings first floor is a storefront I rented out.

So my best defense is to show that we have a daily routine sweeping ?

If you don't have a daily sweeping routine to show, you don't have a defense. In my case I had neighbors who witnessed cleaning performed and I obtained an affidavit. In addition, the primary area in issue of the garbage location was the 18" into the street area in front of a residential home that was a parking space. Cleaning the street seems absurd to me, especially where cars are parked with some debris blown into the driveway area in the street. In that instance, there certainly is a much more compelling argument to be made.

In this instance we're talking about a commercial property and a storefront, a significant amount of garbage visible during rush hour and located on the sidewalk. Having a totality of the facts that we know, sorry to say that my gut feeling is that the Carolina Panthers might have a better chance of winning the Super Bowl next year. Opinions may vary and good luck with whatever you choose to do.