Dirty Sidewalk summons issued to an owner that is deceased.

[Cardine]

Jurisdiction

New York

Children of deceased owner notified hearing officer that parent was owner of residence ticketed for dirty sidewalk. Hearing officer did not want copy of death certificate but was more concerned with dirty sidewalk. The officer wrote a bogus ticket stating there was a large accumulation of scattered bags, papers, cups, and candy wrappers in front of the house when in fact there was only one tiny bag with something in it near the curb. I had ring video to show this. She asked me why I had not removed the bag which I stated I saw at 7a.m.. I told her it appeared to contain something and I considered it a "suspicious bag" and felt best to contact the sanitation and not touch it. I want to know if I lose this phone hearing who is responsible for this ticket. The property is a three family with no tenants except my brother and I and therefore no income. I responded to ticket but did not say I was substituting for my mom. The property is an estate and has not entered probate due to problems locating will and financial problems. My mother who is deceased is the legal owner on deed and named on sanitation ticket. The residence does not have any prior dirty sidewalk tickets. I asked for it to be dismissed based on the fact that my mom, the owner was deceased when ticket was issued on 8/13/2019. It was a phone conference and I emailed video but the hearing officer said she believed me and did not want the death certificate which leads me to believe she is not going to dismiss it due to fact that person on ticket was not a responsible party on date ticket was issued. Who is responsible to pay ticket? Will she state I am responsible since I responded. I am not an executor on the Will. Please advise. Cardine

 

[Zigner]

The estate of the deceased owner is responsible. You are not a representative of the estate and should have no part in the hearing.

 

[army judge]

I want to know if I lose this phone hearing who is responsible for this ticket.

It would seem that if someone was so stupid as to cite a deceased individual, I'd have stayed out of this garbage fight.

If the estate is being probated, the citation should be paid out of the assets of the estate.

You weren't cited, but inserted yourself into the matter.

Why solicit guidance from strangers you know nothing about, and are probably in no position to offer you guidance or counsel about matters which they know nothing?

Who is responsible to pay ticket?

Common sense and horse sense tell me that if anyone owes anything, it is the dead person or the estate of the dead person, if there is one.

 

[justblue]

Seems to me it would have been a lot easier and less expensive to just pick up the little bag of trash.

 

[adjusterjack]

.. I told her it appeared to contain something and I considered it a "suspicious bag" and felt best to contact the sanitation and not touch it.

Seriously? That's your defense? smh.

The property is an estate and has not entered probate due to problems locating will and financial problems.

You don't need the will to open probate and the court fees to do so are probably nominal.

The property is a three family with no tenants except my brother and I

I suspect that the two of you want to keep living there without doing anything.

Who is responsible to pay ticket?

Legally, the estate. As a practical matter, you and your brother, as heirs, need to step up and pay it because it's potentially your home that's at risk.

The city could put a lien on the house for the fine. The fine will grow with interest and penalties until it's worth it for the city to foreclose. Then you and your brother will be out on the street.

Use some common sense. You're making a mountain out of a molehill for nothing. Get off your high horse and pick up the damned bag and toss it in the trash can. Report compliance to the city so they can drop the complaint.