Q: What do I do if the Township's Public Health Officer has the last word but makes a mistake in judgement ?
Hopewell Township's (Mercer County, NJ) Public Health Nuisance Code contains the sentence "Wherever there is a question as to the significance of an alleged infraction or the factual existence of an alleged infraction, the prudent judgment of the health officer or other enforcing official will prevail in the determination of a violation." Is this enforceable? It seems like it gives the Township arbitrary power to do or not do whatever is convenient for them.
What do we do if she concludes there is no significance to the alleged nuisance but we believe she made a mistake, ignored basic and important facts, or is not competent to judge the significance?
A: Speak to an attorney who practices municipal law.
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