Sanitation Worker Issues Ticket For Clean Sidewalk
A Bronx landlord says he was issued a sanitation ticket for a dirty sidewalk, while his security cameras show a clean walkway.
Eli Abbott is a landlord in the Bronx. He claims the New York City Sanitation Department has been ticketing him for litter and trash on the sidewalk in front of his building. But Eli says his sidewalk is clean and it's happening to his other properties as well.
Eli says "I have another property where the super calls me every two or three days, he sees the sanitation supervisor going up and down ticketing every single building and all the supers are coming out screaming at him and he just shakes his head."
Frustrated he called Help Me Howard.
Howard visited Eli's building on Jesup Avenue in the Bronx. It has a video security system.
On September 9th, 2009, Eli received yet another ticket from the NYC Sanitation Department. The security video shows the sanitation supervisor issuing the ticket at 9:26 AM. But on the ticket, the supervisor wrote the time as 8:09 AM!
Apparently NYC Sanitation can only issue these types of tickets twice a day, between 8:00 and 9:00 AM and then again in the evening, between 6:00 and 7:00 PM.
Eli says "I'm being ticketed for a violation, which is inaccurate. There is no dirty sidewalk and additionally it is NOT during the 8:00 AM to 9:00 AM period.
He says the NYC Sanitation Department is making money off of him, issuing him tickets when his sidewalk is clean.
Eli says "No one's gonna fight it. It's free and easy! They know we're gonna pay it cause we can't fight it! Even if I have a videotape like I do now. Am I gonna go waste a day at ECB every single time to fight a hundred dollar ticket?"
Howard contacted the NYC Department of Sanitation about Mr. Abbott's ticket, they had this to say:
"The New York City Department of Sanitation has established Residential Routing Times in which the sidewalks of residential buildings must be swept as well as 18 inches into the street between the hours of 8:00 AM - 9:00 AM and 6:00 PM - 7:00 PM. During these hours, should Sanitation supervisory personnel or Enforcement Agent observe a dirty sidewalk or an 18 inch violation in front the property, a notice of violation will be issued. According to your video, while the notice of violation may have been posted at 9:26 AM at the building, it was for the observed violation at 8:09 AM, during the routing times. Officers typically post the summonses on buildings during their rounds of supervising collection truck and observing compliance with sanitary codes. If Mr. Abbott feels he does not deserve a ticket, he can appeal it to the Environmental Control Board where tickets are adjudicated. "
What do you think? Tell us about your experiences with the NYC Department of Sanitation.
Comments: 7
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It looks to me that the video only shows the front entrance and not the area ticketed. I'm glad tickets are issued, because it motivates people to either clean up their neighborhoods, or not allow people to litter and have some kind of pride for where they live. IMAGINE if people would receive more tickets. Maybe NYC wouldn't be so disgusting. It may not be the Supers fault, but he/she could be outside asking people not to litter and care for where they live.
My wife started a recycling program at the school where she teaches, and we're recycling fiends. Nonetheless, we received a summons a number of years ago. I went to the ECB hearing. Several times. Finally, I insisted on seeing a hearing officer, to demand that the summons be dismissed on the grounds of failure to prosecute. At that time, I was told that the DSNY officers NEVER appear, since they can inflict a punishment merely by issuing the summons! I had been prepared to argue that once the garbage was turned over to the city (by being placed curbside), it was out of my control and custody and therefore the city was responsible for the contents (the summons was for non-recyclables - a McDonalds bag -- mixed in with recyclables).
I take pride in my sidewalk and labor over it continuously. I recently received a ticket for the same issue that Eli is facing and am also fearful of the bureaucracy that an innocent person will face with an organization that wields so much incongruous power.
This is a disguised tax. The ACTUAL offenders are the pedestrians who throw litter, NOT the homeowners who are harrassed unfairly. Of course, it is every landlord's responsibility to clean his sidewalk. But the penalties imposed are exclusively on them, and not on the offenders. I have NEVER seen a ticketing-squad issue a summons to a pedestrian.
I have received unfair notices of violations (dirty sidewalk when I am AT WORK, therefore unable to see). Although I clean WHEN I RETURN HOME, the ticketing officers won't care. Besides, the law is written in such way that the Officer does not even need to appear. Fighting it at a hearimg is HOPELESS. There is NO FACT FINDING. The AdminLawJudge IS the law, and has already dicided the respondent is guilty before appearing.
I find it sad that some readers (like JAY above) can JUSTIFY that this is an efficient law to keep NYC clean. There are many ways that are FAIR and would make the city PARTNER with the homeowners/taxpayers, and not make the city the ENEMY in such effort.
The innocent stupidity of some continually amasses me. Jay, I'm not sure which planet you're currently living on, but if its earth, you obviously missed the class on critical thinking or maybe you are just independently wealthy, that you can afford to hire a staff to monitor your short comings 24 hours a day thereby keeping you sheltered from the reality the rest of us deal with. NYC is disgusting, because those that make it so constantly get a free ride. A fine only motivates the thought that there is a monetary price for something.
I have witnessed pedestrians throw their garbage onto the floor/sidewalk when there were garbage cans less than 5 feet away. I have seen garbage blown from one property (empty lot or park) to in front of another property. Please do not misunderstand me, I have no problem with a location that has a chronic problem day after day receiving a summons, but I do believe some thought should be put into the issuance of these summonses.
Tony, I applaud you for being a part of the solution by not being a lemming. Its that kind of thinking that may bring a solution to this kind of blind, blanket enforcement that only fosters a widening of the rift between the lawmakers, law-enforcers and the taxpayers. NYS & NYC is maintained on the backs of the little guy. Hopefully, those in office will figure that out before that back brakes.
The enforcer on the street & Judge overseeing these cases really needs to take a closer look at the "letter of the law vs. the spirit of the law" and how to best apply these laws to truly serve the public interest. I know that the city needs money to survive, but to make it so obvious is a travesty of epic proportions.
I have received my 3rd summons and I cannot believe the amount I have to pay - $100. I don't understand why these enforcement officers simply mail us with some suggestions on how to keep the sidewalk a little cleaner instead of punishing us like an abusive mother with these ridiculous fines. I'm not sure if these appeals are particularly successful but if the judge always sides with the city's argument then I just about will lose all faith in our judicial system. I can't believe that if the judge rules that I'll have to pay for ALLEGEDLY leaving the garbage cans untopped when all the other residents do the same to make it easier for the garbagemen to do their job that this whole sanitation enforcement isn't just another way to weasel some more cash out of the taxpayer's pocket disguised as an enviromental program.