STATE OF NEW JERSEY V. HINDRAJ L. BALANI (MA-13-2019)
Muncipal Court here lacked jurisdiction to enforce notice of Unsafe Condition
The municipal court found the defendant guilty of violating N.J.A.C. 5:23-2.32(a), a regulation enacted under the Uniform Construction Code Act that prohibits unsafe structures. The municipal court then ordered his building demolished. The defendant appealed to the Law Division, which on de novo review found that the municipal court lacked the authority to order the building’s demolition. The Law Division then dismissed the complaint after finding that the municipality failed to follow the procedures that would have allowed the municipal court to impose a fine.
