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New Jersey Municipal Law Questions & Answers
Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Jersey on
Q: As a private citizen am I allowed to request recording of phone calls I had with law enforcement personnel in New Jersey

I am just looking to obtain the phone call recordings between myself and 4 other individuals that occurred between Nov 29th of 2023 to Dec 4th of 2023 on a specific date and time..I can attach the screenshot of the dates and times

James L. Arrasmith
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answered on Jan 21, 2024

In New Jersey, as a private citizen, you do have the right to request recordings of your phone calls with law enforcement personnel. This request can typically be made under the state's Open Public Records Act (OPRA). OPRA allows for the public to access government records, which can include... View More

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Land adjacent to my proprty was a paper St. for 40 years. Now a lot, and avail 4 sale. Shouldn’t it go to adjcnt owners?

Shouldn’t it have gone to the adjacent owners when the street idea was abandoned and not become a lot? What is the law for ownership of paper streets in NJ?

Matthew Schutz
Matthew Schutz
answered on Dec 4, 2023

There is not enough information to give you a definitive answer. There are two possibilities. If the right-of-way is an easement for the public road, then you have a claim. If the right-of-way for the road was sold to the municipality outright, then you do not. You would need to have the title... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Hello, can you please summarize what 39:3-40.5 means?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 14, 2023

In essence Its a statute that gives powers to MVC direction to make additional rules and regulations.

1 Answer | Asked in Municipal Law for New Jersey on
Q: Can I have my car towed to my property from a police pound of my registration is suspended and can't pay insurance today
T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you can have your car towed to your property from a police pound in New Jersey if your registration is suspended and you can't pay insurance today depends on the specific circumstances of your case. In general, to get your car out of a police pound, you will need to pay all... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for New Jersey on
Q: In New Jersey, when is a pedestrian crossing a roadway?

Does the right of way begin when the pedestrian is standing on the corner waiting to cross or when they have stepped into the crosswalk? My question is because I received 'Pedestrian - Failure to Yield - Right of Way' ticket. In this instance the pedestrian was standing on the sidewalk,... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2023

Logically it would be when the person steps onto the road, the reality in court is generally different, thus it is when the person steps onto that pad that is right before the actual start of the road according to most judges. If charged get yourself a lawyer most of the time we can help you... 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
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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
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
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
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.

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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
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.

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