Legal Topics

Municipal Corporations — Code Enforcement — Compliance Period — Where Property Owner Did Not Appeal Order Entered After First Code Enforcement Hearing That Gave Him Only Seven Days To Bring Property Into Compliance

May 17th, 2022 in by admin

Municipal corporations — Code enforcement — Compliance period — Where property owner did not appeal order entered after first code enforcement hearing that gave him only seven days to bring property into compliance, he cannot challenge length of compliance period in appeal of final order finding him in violation of code — Nonetheless, total time of two months afforded to come into compliance, which included time between notice of violation and first hearing, was adequate — Fines — Special magistrate correctly assessed fine for continuing stagnant water violation — Special magistrate improperly assessed fine for debris violation at return hearing where there was no evidence of a continuing debris violation introduced at that hearing, and improperly assessed fine for fencing violation for days beyond date fence was brought into compliance — Remand for correction and apportionment of fine among violations