Lawyers, Answer Questions  & Get Points Log In
New Jersey Municipal Law Questions & Answers
0 Answers | Asked in Municipal Law for New Jersey on
Q: Hi, I'm getting a code violation for improperly removing the grass and weeds. I tried to get it out. Am I going to jail?

The city of Gloucester city gave me a 7 day warning to remove it. I am a single mom of a 3 year old special need son, that won't go to sleep without me. I tried myself best to cut the weeds and grass (I brought him out with me) the best way I can without letting my son wonder outside. I... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Municipal Law for New Jersey on
Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement

I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023

You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology,... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Is it not smart to plea online should I just wait for my court case

I got a fine for failure to move over for emergency vehicle

Michael A. Smolensky
Michael A. Smolensky
answered on May 9, 2023

It is advantageous to know the penalties one faces for any offense. A conviction for Failure to Pull Over for Emergency Vehicle carries fines, jail, license points, and insurance eligibility points. If this causes concern, then it seems to be a good idea to fight it in court. Along the way, you... View More

1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for New Jersey on
Q: Zonning issue

I bought my house 6 years ago in Mount Laurel with a wood fence in place for over 30 years. I replaced the fence 2 years ago and just gotten a letter from township that the fence is on the township property. What rights do I have?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Apr 11, 2023

You have one option. You can file an application with the Township for permission to keep the fencde where it is located with the proviso that should the municipality need to remove same for safety or emergency reasons, you would not be charged for the cost and you would be able to replace the... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Got letter from zoning board of adjustment for a variation of from the requirements of the zoning ordinance. Can I lose

My home?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 13, 2023

Based upon your question, I am assuming that you are not the applicant but own property within 200 feet of the property for which an variance application has been filed. This being so, you will not lose your home although you may be dissatisfied with the nature of the relief being sought. Check... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Municipal Law for New Jersey on
Q: Personal Injury Lawsuit, filed in the wrong County, can I get it tossed out?

Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 7, 2022

Yes if you have a lawyer you should definitely advise him of this fact.

1 Answer | Asked in Municipal Law for New Jersey on
Q: Can the police tow a legally parked car because of expired registration, even if I renewed it on the scene?

They towed my car for expired registration, but once I paid the renewed the registration on the scene , the police officer said now its under investigation. Can they legally do this?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 7, 2022

Unfortunately, at the time they saw the car it was unregistered so yes they could tow it. Luckily it seems you didn't get a ticket for expired registration just the tow.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for New Jersey on
Q: If the ordance lacks the definition of an allowed variable does the definition of that variable have to be made public?

For example if the town only allows certain firepits do thay have to make the details of what makes a lawful firepit public? If the town has rules for such a firepit but the rules are not available to the public is this legal? Where is legally allowed for this information to be located?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 28, 2022

Depends on the town, but most rules and regulations for the town will be posted as a township ordinance and you may be able to find these online. However for what you are concerned about you may also have to look at the fire department regulations for the town/county/state. I suggest consulting... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: An officer couldn’t find my plante # and Vin # even when my registration active, he sent me to court!

Charging with fictitious plates even when it was active, is it legal or not?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 20, 2022

Sure it is legal for him to give you this ticket. I would suggest that you consider hiring a lawyer if you are guilty of this offense. If not guilty you may be able to handle it on your own, but it still can be tricky.

2 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Do I need to be registered with the state of nj to have an in home day care

The Twp says we can’t have an in home day care. But the state says we can in a residential area if we have less than 5kids. But do we have to be registered? That state says it’s optional

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 25, 2021

It would be best if you complied with all and municipal requirements and registered with the State.

View More Answers

1 Answer | Asked in Contracts, Employment Law, Business Law and Municipal Law for New Jersey on
Q: If a police department hires me and pays for me to attend the police academy (equipment/uniforms/salary included),

and part of that agreement is to sign a contract the day before graduating that says either you stay for 2-years or are responsible for paying back all the training costs (equipment/gear/uniforms/salary). If l quit that department to leave to work at another agency that is also PTC, the new agency... View More

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 24, 2021

Speak to a employment law attorney with experience in this very narrow area of the law.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Is not providing your name and address the basis for an obstruction charge?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 22, 2021

We would need to know the circumstances, but yes it can be.

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Can you make a left turn crossing double solid yellow lines. Into a shopping plaza in New Jersey’s
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 25, 2021

No, your not allowed to cross the double yellow lines. If this is what your charged with consider hiring a lawyer as a good lawyer should be able to reduce or eliminate the points that this ticket carries here in NJ. Most of us traffic ticket lawyers offer a free in office consultation.

2 Answers | Asked in Constitutional Law, Landlord - Tenant and Municipal Law for New Jersey on
Q: Can my HOA prohibit me from displaying the American Flag that has the thin blue & red line in support of Police and Fire

At one of the HOA meetings I attended (virtually) I asked if I could display the American Flag that had the thin blue and red line honoring firefighters and police officers (I have both of these heroes in my family) and one the members of the ARB barely let me finish my sentence before saying no... View More

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 11, 2021

This is a complicated question which requires an examination of the organic documents of the HOA as well as a review of the history of the HOA in permitting outside displays. Are front door or outdoor terrace railing displays permitted by the HOA? Are flags permitted to be displayed for Flag Day?

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for New Jersey on
Q: Neighbor filed a municipal complaint about me calling police about loud noise music blasting all hours of the night

Claims my Ring Doorbell camera is pointed directly at her front door. We live directly across the street from each other

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 24, 2021

I would suggest that you contact a good criminal lawyer as it sounds like you may have some defenses to your case. Most of us criminal lawyers offer free in office consultation.

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Municipal Law for New Jersey on
Q: i am a victim of terroristic threat. i would like to take action against however dont know how/where to start. direct me

hello, after reading 2C:12-3 - Terroristic threats

i realized that i am a victim of terroristic threat. i would like to take action against however don't know how or where to start. can you direct me please?

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 21, 2021

If it is currently ongoing or recent you may want to call the police.

1 Answer | Asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... View More

Richard Diamond
Richard Diamond
answered on Apr 24, 2021

The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 28, 2021

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
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... View More

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 16, 2021

Speak to an attorney who practices municipal law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.