Unwarranted sanitation tickets and summonses may be successfully challenged in an administrative hearing before a judge or tribunal. This article will cover the processes and best practices for fighting sanitation tickets in an administrative court, such as the Office of Administrative Trials and Hearings (OATH) in New York City. The following general principles and practices below should apply in similar fashion to other jurisdictions and are common grounds found for dismissing summonses.
Review the ticket to ensure that all fields are filled out properly, completely, and accurately. A violation must contain a complete set of essential information to be valid. If there are material omissions, errors, inaccuracies, incomplete or inconsistent entries, the ticket may be invalid on its face, and you will not need to challenge it further. For example, a ticket may fail to include or accurately record the proper date, time, place and/or legal code and section of the violation. A missing date or location of the offense can invalidate the summons entirely without the need to proceed further. If the description of the violation does not match the legal code cited in the ticket, that may also be sufficient grounds for its dismissal.
Find and review the legal code of the violation. Next, identify all the elements of the violation that are required to be alleged in the summons and confirm that all have been addressed properly and completely in the summons. For example, New York City Administrative Code, Sanitation Provisions, Title 16 Section 16-118(2)(a) requires that a property owner must keep their premises and the sidewalk clean from "garbage, refuse, rubbish, litter, debris and other offensive material" and the coverage area extends to within "one and one-half feet from the curbstone into the street..." If the description of an offense by a sanitation officer in the summons consists only of "matted papers, tissues and wrappers in the street" but does not include an allegation of being within 18 inches of the sidewalk, a violation of the regulation cannot be established.
Incorrect Information: If the ticket contains errors regarding the date, time, location, or violation, you may have grounds to contest it.
Lack of Evidence: If the sanitation department cannot provide sufficient evidence to prove your violation, you may be able to have the ticket dismissed.
Violation of Your Rights: If you believe your rights were violated during the ticketing process, you may have a legal basis to contest the ticket.
Compliance: If you can prove that you were in compliance with sanitation regulations at the time of the alleged violation, you may be able to successfully contest the ticket. Examples can be:
Informal Dispute Resolution: You may attempt to resolve the issue directly with the Department of Sanitation (although complete resolution is unlikely.)
Administrative Hearing: Request a hearing before an administrative judge or tribunal.
Court Action: If necessary, file a lawsuit to contest the ticket or summons.
Organize your argument, documents, and evidence. Create a concise plan and order for your defense and your presentation of facts and evidence. Use a consistent system to identify each piece of evidence, such as letters or numbers in a logical order, for example, Exhibit 1, Exhibit 2, etc.
Prepare answers to key questions. You should anticipate being questioned by the judge or tribunal about key issues at the hearing. Have your answers ready in advance, along with a list of evidence which will be used. Honing your arguments to be precise, concise, and directly to the point will help you greatly at a hearing. There are likely several other parties awaiting a hearing and wasting limited valuable time can significantly impair proper and effective communication.
Maintain a polite, respectful disposition. Keep composed and be patient and courteous.
Organization: Have all relevant documentation and evidence ready prior to your hearing. Best to have physical copies and not just digital copies.
Politeness: Always maintain a respectful demeanor. If you make an objection to something, do so with respect.
Legal Assistance: For any questions or information about your rights or the dispute resolution process, consider a consultation with an attorney.
Location Specific Details: Specific rules and procedures for contesting sanitation tickets (and all summonses generally) may vary as they are dependent on your location and the court and tribunal situated there. In New York City, OATH adjudicates sanitation summonses. Be sure that you are using the rules and procedures for the application court or tribunal in your area.
Invalidate the summons through review of essential ticket information
Incomplete, incorrect, or inconsistent information
Omitted, invalid or inconsistent code citation
Find and review the legal code of the violation. Next, identify all the elements of the violation that are required to be alleged in the summons and confirm that all have been addressed properly and completely in the summons. For example, New York City Administrative Code, Sanitation Provisions, Title 16 Section 16-118(2)(a) requires that a property owner must keep their premises and the sidewalk clean from "garbage, refuse, rubbish, litter, debris and other offensive material" and the coverage area extends to within "one and one-half feet from the curbstone into the street..." If the description of an offense by a sanitation officer in the summons consists only of "matted papers, tissues and wrappers in the street" but does not include an allegation of being within 18 inches of the sidewalk, a violation of the regulation cannot be established.
Compile evidence to support your case for compliance
Provide proof of compliance with the regulation
Collect relevant evidence that may support a case that you complied with the regulation. This may include taking photos of the property, obtaining video from surveillance cameras, obtaining witness statements or documentation that would establish that you complied with the law or regulation. This can include statements from property owners who may regularly clean streets at a certain time (such as before opening up a store) and that the violation complained about occurred as the result of a third party in spite of reasonable and expected efforts at compliance.Other grounds for Dismissal
Incorrect Information: If the ticket contains errors regarding the date, time, location, or violation, you may have grounds to contest it.
Lack of Evidence: If the sanitation department cannot provide sufficient evidence to prove your violation, you may be able to have the ticket dismissed.
Violation of Your Rights: If you believe your rights were violated during the ticketing process, you may have a legal basis to contest the ticket.
Compliance: If you can prove that you were in compliance with sanitation regulations at the time of the alleged violation, you may be able to successfully contest the ticket. Examples can be:
- You make regular attempts to clean the location at a certain time and day and that you did so on the day in question.
- If trash or other items described in the ticket by the issuing officer do not include being "matted" or otherwise ground into the street for a period of tiem, you may argue that the nature of these items are transitory, that they are easily capable of being blown about by wind and other factors into the area in issue momentarily.
Contact the agency for more information or to resolve the issue
If there is a failure to understand the information on the summons or any procedural issue, you should contact the agency that issued the summons. This may include the Department of Sanitation or, if it relates directly to a hearing, you should contact OATH directly. Other ways one may be able to address issues are:Informal Dispute Resolution: You may attempt to resolve the issue directly with the Department of Sanitation (although complete resolution is unlikely.)
Administrative Hearing: Request a hearing before an administrative judge or tribunal.
Court Action: If necessary, file a lawsuit to contest the ticket or summons.
Being successful challenging a sanitation ticket at a hearing
Do not hesitate to ask questions. If feasible, seek legal advice. If you need information, seek, find and obtain it before your hearing. Requesting information from the administrative body or from the court (such as OATH directly) is highly advised to ensure you understand the process, any deadlines, and what may be required from you. If an unsuccessful hearing can result in the repercussions of more significant money damages, contact an attorney for legal advice. In some instances, being found guilty of multiple summonses can result in ongoing repercussions, such as higher fines being imposed against you.Organize your argument, documents, and evidence. Create a concise plan and order for your defense and your presentation of facts and evidence. Use a consistent system to identify each piece of evidence, such as letters or numbers in a logical order, for example, Exhibit 1, Exhibit 2, etc.
Prepare answers to key questions. You should anticipate being questioned by the judge or tribunal about key issues at the hearing. Have your answers ready in advance, along with a list of evidence which will be used. Honing your arguments to be precise, concise, and directly to the point will help you greatly at a hearing. There are likely several other parties awaiting a hearing and wasting limited valuable time can significantly impair proper and effective communication.
Maintain a polite, respectful disposition. Keep composed and be patient and courteous.
Success Summary
Preparation: Review and inspect your documents for defenses. Practice your arguments and position. Be ready to answer questions from a judge, tribunal, prosecutor, or other party.Organization: Have all relevant documentation and evidence ready prior to your hearing. Best to have physical copies and not just digital copies.
Politeness: Always maintain a respectful demeanor. If you make an objection to something, do so with respect.
Legal Assistance: For any questions or information about your rights or the dispute resolution process, consider a consultation with an attorney.
Location Specific Details: Specific rules and procedures for contesting sanitation tickets (and all summonses generally) may vary as they are dependent on your location and the court and tribunal situated there. In New York City, OATH adjudicates sanitation summonses. Be sure that you are using the rules and procedures for the application court or tribunal in your area.
- Jurisdiction
- New York
