Appeal No. 2000919 DSNY v. Sucharit Dutta September 10, 2020

APPEAL DECISION The appeal of Respondent, premises owner, is denied.

Respondent appeals a recommended decision by Hearing Officer D. Berson (Queens), dated April 22, 2020, sustaining a violation of § 16-118(2)(a) of the Administrative Code of the City of New York (Code) for a dirty area. Having fully reviewed the record, the Board finds that the hearing officer’s decision is supported by the law and a preponderance of the evidence. Therefore, the Board finds as follows: Summons Law Charged Hearing Determination Appeal Determination Penalty 46531057K Code § 16-118(2)(a) In Violation Affirmed – In Violation $100 In the summons, the issuing officer (IO) affirmed that on March 10, 2020 at 8:42 a.m., he observed in front of 89-08 182 Place, Queens, described as a 1-2 family dwelling, “a large accumulation of cigarette pack, napkins, paper bag(s), piece(s) of paper, tissue(s), wrappers in the front yard behind gate. . . .”

In a hearing by telephone held on April 22, 2020, Respondent testified as follows. The cigarette pack did not come from his house, as he does not smoke. The block that he lives on slopes down and sometimes wind carries items down the hill which then end up in his yard. The premises is near a school and a park. He cleans every night after he gets home from work, and on the weekend he and his wife clean together. In a decision sustaining the violation, the hearing officer credited Respondent’s testimony but found that a once-daily cleaning is insufficient to establish a defense of reasonable efforts. On appeal, Respondent reiterates his testimony from the hearing. Petitioner, Department of Sanitation (DSNY), did not answer the appeal.

The Board affirms the hearing officer’s decision. Code § 16-118(2)(a) requires property owners to keep their front yards and other areas of premises, as well as sidewalks and curb areas, free of debris. See NYC v. Chaya Kranz, Appeal No. 46027 (June 28, 2007). This includes windblown debris. See NYC v. Maria T. Seijas, Appeal No. 1700972 (November 2, 2017). Respondent did not dispute the large accumulation of cited debris on his premises. A respondent may establish a reasonable-efforts defense by showing that sufficient efforts were made on a daily basis, including on the date of offense, to keep the cited area clean by frequent, regular, and thorough inspections, and cleanings or pick-ups of the area upon observation of debris. See NYC v. Annmarie C. Forrest, Appeal No. 1400168 (April 24, 2014). Here, Respondent testified that he cleans every evening when he comes home from work and that he and his wife clean on the weekends as well. However, once-daily cleanings are insufficient to establish a reasonable- efforts defense. See NYC v. Si Li, Appeal No. 1500781 (September 25, 2015).

Accordingly, the Board affirms the hearing officer’s decision sustaining a violation of Code § 16-118(2)(a) and imposing a civil penalty of $100.

By: OATH Hearings Division Appeals Unit

PNL: 9/10/2020 DATE MAILED: ATTY: MR/1059