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Town Zoning Rights

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amd250

Junior Member
What is the name of your state (only U.S. law)? NJ
Hello I received a zoning violation from my township about a pile of stuff that needs to be put out in bulk pick up stating that
by having the garbage in my backyard I am in violation. Our bulk pick up is this Saturday May 20th. It is a big pile but can not be seen from the street beyond my fence unless you actually look over my fence. The zoning officer took his camera and took a photo over my fence into the yard of the pile.
Is it legal for him to do that? The law states in town: "The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners."

They didn't even knock on the door to ask why the pile is even there, if they asked, I would have said I am cleaning out my yard.

Thanks for any help!

Tony
 


quincy

Senior Member
What is the name of your state (only U.S. law)? NJ
Hello I received a zoning violation from my township about a pile of stuff that needs to be put out in bulk pick up stating that
by having the garbage in my backyard I am in violation. Our bulk pick up is this Saturday May 20th. It is a big pile but can not be seen from the street beyond my fence unless you actually look over my fence. The zoning officer took his camera and took a photo over my fence into the yard of the pile.
Is it legal for him to do that? The law states in town: "The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners."

They didn't even knock on the door to ask why the pile is even there, if they asked, I would have said I am cleaning out my yard.

Thanks for any help!

Tony

It is legal for code enforcement officers to take photos of your property from another property. It might have been your neighbor who reported your violation.
 

amd250

Junior Member
He was on the sidewalk and put the camera above the fence and pointed down. It was not from someone else's property.
 

quincy

Senior Member
He was on the sidewalk and put the camera above the fence and pointed down. It was not from someone else's property.

Okay. Still legal. There was no trespass.

I imagine the code enforcement officer was informed of the debris in your backyard by one of the adjoining property owners so the officer came to investigate, took photos of the debris that violated the code, and cited you based on what he saw.
 

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