NYC Department of Sanitation summons Title 16-118(2)(a)

[Brooklyner12]

Jurisdiction

New York

Hi, it seems NYC Department of Sanitation start collecting funds for Christmas celebration.
I got a ticket by mail yesterday . It says I violated 16-118(2)(a). Its a private house in Brooklyn and it was observed in 8:32 AM. on a day preceding a recycling collection.
Thanks for the previous seems the same inquiry observation I read the Article in full.
My confusion and the final decision about to fight or not the ticket is based on the understanding of NYC DOS jurisdiction extension to private property, I mean what can I keep on private property ( my front yard) and what I'm not and specifically to understand where should I keep large carton boxes( cut and wrapped) that a refrigerator or a dishwasher was delivered in.
In addition to " wrappers, pieces of paper" my summons states "large accumulation of accumulated grass clippings, leaves, twigs". While a word "large" is arguable I cannot deny I indeed have dig up my front yard (as I do every year) adding composted leaves and my neighbor's donated grass cut remaining to compost over winter time and to practice organic gardening converting such natural remaining into a mother nature fertilizer. This is Brooklyn's Sheepsheadbay front yard, its not a farmland and my front yard is tiny. I thought it is my property ( I have a Survey) and I can use any gardening techniques I want on that land. $50 is not a big amount nowadays but to feel myself like a milking cow is not a fun. Tell me please if I have a chance to present any arguments to win the case at personal or by phone hearing

 

[Zigner]

I cannot deny I indeed have dig up my front yard (as I do every year) adding composted leaves and my neighbor's donated grass cut remaining to compost over winter time and to practice organic gardening converting such natural remaining into a mother nature fertilizer.

From § 16-118 Littering prohibited.

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.

You seem to freely admit that you are in violation of the above.

 

[adjusterjack]

My confusion and the final decision about to fight or not the ticket is based on the understanding of NYC DOS jurisdiction extension to private property,

Why are you confused? Do you think that the DOS jurisdiction doesn't extend on to private property? Or do you just wish it so?

City ordinances (everywhere) that are created to eliminate blight apply to any area of your property that can be seen from the street. They even apply to your fenced back yard if there is hazardous or objectionable stuff back there.

Here is that section of the code.

"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."

§ 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

where should I keep large carton boxes( cut and wrapped) that a refrigerator or a dishwasher was delivered in.

In your house until you can dispose of it in an appropriate manner.

How long has it been sitting out in the front yard?

My guess is just long enough to annoy your neighbors. Which is about the duration of a New York Minute.

In addition to " wrappers, pieces of paper" my summons states "large accumulation of accumulated grass clippings, leaves, twigs". While a word "large" is arguable I cannot deny I indeed have dig up my front yard (as I do every year) adding composted leaves and my neighbor's donated grass

That seems like an afterthought. If it wasn't for the carton you probably would never have been cited for the composting.

If you plead not guilty and ask for a hearing you can at least make them work for their $50. Get rid of the carton, take photos and go in and explain the composting.

Or consider the $50 your contribution to keeping Sheepshead Bay blight-free.

 

[Red Kayak]

My confusion and the final decision about to fight or not the ticket is based on the understanding of NYC DOS jurisdiction extension to private property, I mean what can I keep on private property ( my front yard) and what I'm not and specifically to understand where should I keep large carton boxes( cut and wrapped) that a refrigerator or a dishwasher was delivered in.

Well, if you are saving the boxes to reuse as boxes, you do so in a sheltered area away from the elements.

If you are recycling or upcycling in your garden, the cartons are broken down flat. Cardboard that you intend to recycle should not be left out exposed to the elements.

In addition to " wrappers, pieces of paper" my summons states "large accumulation of accumulated grass clippings, leaves, twigs". While a word "large" is arguable I cannot deny I indeed have dig up my front yard (as I do every year) adding composted leaves and my neighbor's donated grass cut remaining to compost over winter time and to practice organic gardening converting such natural remaining into a mother nature fertilizer.

Have you made sure that the composting material is fully contained on the non-paved portion of your lot? Is any on the composting material spilling over onto the walkways, sidewalks, or curbs?

People do have a tendency to be buttinskies about front yards. You might consider having a more polished looking setup. If the compost area has distinct raised boundaries and the composting is retained to that area, that might help.

Of course, if the issue is that you're using the cardboard as a weed suppressant or as part of a composted raised bed, I'm at a loss.

Also, Hugelkultur is not suited for those postage stamp front lots.

 

[zddoodah]

it seems NYC Department of Sanitation start collecting funds for Christmas celebration.

Huh?

Thanks for the previous seems the same inquiry observation I read the Article in full.

Huh?

Tell me please if I have a chance to present any arguments to win the case at personal or by phone hearing

You're free to try and fight the ticket if you want. There's no way to discern from your post what your chances of success are.

 

[Zigner]

Huh?




Huh?




You're free to try and fight the ticket if you want. There's no way to discern from your post what your chances of success are.

To answer your second "huh:"
The OP originally posted this to another thread with a similar topic. It appears that admin moved it to its own thread.

 

[Michael Wechsler]

Hi, it seems NYC Department of Sanitation start collecting funds for Christmas celebration.
I got a ticket by mail yesterday . It says I violated 16-118(2)(a). Its a private house in Brooklyn and it was observed in 8:32 AM. on a day preceding a recycling collection.
Thanks for the previous seems the same inquiry observation I read the Article in full.
My confusion and the final decision about to fight or not the ticket is based on the understanding of NYC DOS jurisdiction extension to private property, I mean what can I keep on private property ( my front yard) and what I'm not and specifically to understand where should I keep large carton boxes( cut and wrapped) that a refrigerator or a dishwasher was delivered in.
In addition to " wrappers, pieces of paper" my summons states "large accumulation of accumulated grass clippings, leaves, twigs". While a word "large" is arguable I cannot deny I indeed have dig up my front yard (as I do every year) adding composted leaves and my neighbor's donated grass cut remaining to compost over winter time and to practice organic gardening converting such natural remaining into a mother nature fertilizer. This is Brooklyn's Sheepsheadbay front yard, its not a farmland and my front yard is tiny. I thought it is my property ( I have a Survey) and I can use any gardening techniques I want on that land. $50 is not a big amount nowadays but to feel myself like a milking cow is not a fun. Tell me please if I have a chance to present any arguments to win the case at personal or by phone hearing

My most sincerest sympathy. It is a painful routine here in New York City. Note that it is very important to provide the entire description of the offense contained in the sanitation summons. Some of the Department of Sanitation regulations are nigh incomprehensible. Let's see if I can help make some sense out of it, for what your violation may have actually been issued, and possibly even provide you with a reasonable, winning defense.

Total coincidence which may help you and I completely appreciate your fury as I just finished fighting a $50 ticket. The Department of Sanitation was extremely late to pick up trash (yet again) on its typical Friday pickup date. What I am certain was the neighbor's empty can left on an island of concrete between sidewalks and shared by two homes after being emptied by Department of Sanitation employees was ticketed the following morning, Saturday, at 8:30am. The charge? Putting out sanitation on a non-pickup day (recyclables). Just a few weeks earlier they did the same thing but, that time, got the right house with literally the exact same description and given by the same sanitation officer. It's end of year in NYC and this happens all to frequently. Infuriating.

#1 - Regarding fighting the ticket, use the appearance by telephone option otherwise it makes little sense to expend all that time.

#2 - let's get to the actual violation, which needs to be provided in entirety, not just a snippet. So let's look at the regulation posted above before we get back to what it may mean.

It's difficult to understand what problem this particular section of the sanitation code is trying to address. For example, does this mean you cannot temporarily keep a box from a delivery in your back yard - even if it's a fully enclosed yard on a block of attached homes that is not accessible from the street (and not viewable by a DoS officer?) Here is a key section to me, having fought successfully another sanitation summons related to this concept:

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.

Essentially, the City expects homes to keep the sidewalks and even 18 inches into the street from the sidewalk free and clear of debris, wrappers, papers matted onto the sidewalk - which translated into plain English means garbage and junk that looks like it has been sitting there for quite some time and the property owner has left it looking that way. Is this even reasonable expectation in New York City? Perhaps during the week in front of storefronts for that which is observed and has stayed there for some time. But the ability to comprehend the code itself, the expectations (in modern times), and the enforcement leaves an incredible amount to be desired and can arguably perceived as ludicrous.

The questions and defenses are as follows:

#1) Exactly what is the offense and at what location? I am wondering whether it is not about you digging up your front yard but observation of debris on the sidewalk, curbstone and 18 inches into the street.

#2) If the officer is trying to connect your digging up your front yard, mulching, etc. with "twigs" and other debris mixed in with "wrappers" (the magic ubiquitous term you will find), then take a picture of your yard. Prepare a defense as to why your annual mulching didn't cause whatever it is that the officer complains. If you regularly clean this area, then state as such and do what you can to explain how whatever is stated is not only not specific enough but, if not substantially "matted" into the sidewalk, insist that it must have blown there and is transitory and that none of the debris so mentioned states that it has been sitting there for quite some time. You can understand what's going on here and how to identify what looks like smoke that was manufactured into an ersatz fire.

Officers make their regular stops along the way in the morning as I believe there is another regulation which states the hours which sanitation officers can inspect. That is contained here regarding "DSNY Agents" - 8-9am.

Sidewalk Cleaning · NYC311

The City of New York expects you to have ensure it was clean during their route. That's not so unacceptable if it's in front of a store that opens at 9am. But when you need to get to work and leave the house at 7:45am for your commute, what do they expect you to to do?

This is a stream of conscious that hopefully will help you address the ticket. Best of luck. Happy Holidays.

 

[Michael Wechsler]

You must have found the case that I addressed a while ago. I'm wondering whether it is related in its purpose. I don't know that it's a blight that can be seen from the street but, from the wording, maybe the impact on the areas described above. Good luck.

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?

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...

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