Legal Question in Construction Law in New Jersey

fence replacement

Hi I live in Glendora NJ.Camden County,my question is ,i have lived in the same house for thirty seven years that has had a four foot fence around it that had become deteriorated to the point of falling apart.I went to the local fence co and told them to Replace the old one.which they did two years ago with a vinal fence at a cost of more than $6000 dollars,A beautiful fence i might add,now the local code enforcer has told me that im in violation of local ordinance and would need a permit and a variance because now you can only put up a thirty six in. fence in the front yard and you need a variance for anything bigger.the code officer told me that the replacement fence does not grandfather the additional cost to me is another one hundred and twenty five dollars for permits and a variance. my question is this legal. thank you Tom Kearney


Asked on 9/15/04, 9:52 am

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: fence replacement

In order to determine whether the code enforcement action is "legal", you would need to retain an attorney to obtain all relevant facts, as well as to review the local code. Additional legal research might also be necessary. Your attorney would then need to challenge the decision, at a minimum, by an exchange of correspondence, etc.

Undoubtedly, any competent attorney would charge you far more than $125.00 to review the problem and challenge the code enforcement officer's decision, if applicable.

However, if you wish to pursue this on your own, without an attorney, then at a minimum, you should request a detailed WRITTEN report from the town enforcement department, explaining which code provision you are supposedly in violation of; and why it is being retroactively applied.

Please contact me if you have any further questions about this or another legal issue; or if you wish to discuss retaining my services for this or another legal issue.

Alan S. Albin, Esq.

973-605-8995

[email protected]

Read more
Answered on 9/15/04, 11:09 am


Related Questions & Answers

More Construction Law questions and answers in New Jersey