No proof of dog mess culprit results in fine dismissal for tenant, ombud says

A PILE of dog poo came at a cost for a tenant living in a complex in Sea Point when his landlord received a R250 fine for the messy heap - but the Community Schemes Ombud Services (CSOS) was clear that the fine cannot stand if there is no specific evidence that the dog in question was the culprit.

- ZELDA VENTER

You simply cannot fine someone without evidence, the adjudicator said in ordering the body corporate to remove the R250 fine from the levy account of the owner of the unit.

Kobi Baribi, who owns a unit in a sectional title scheme property, told the CSOS that the offending poo is not from his tenant's dog.

He said the tenant always picks up after his dog and he explained, after looking at the offending mess, that this is probably from another animal, possibly large birds.

Baribi told the ombud service that neither he nor his tenant were even given a warning before they were simply slapped with the fine — this while there was no proof linking his tenant’s dog to the incident.

The tenant said the colouring and size of the poo, shown in a video recording, is totally inconsistent with his dog.