Is this housing ordinance really a crime?

[JohnSteed]

What is the name of your state (only U.S. law)? New Jersey

A few weeks ago a housing inspector issued me a summons because he saw garbage cans were left on the side of the house I own. Here is the verbiage from the ordinance I was ticketed for:

Any solid waste container or receptacle which may be stored or placed in the front or on the side yard of any property, including those properties that are corner lots, must be stored or placed inside an enclosure which fully protects it from the pedestrian traffic or must be screened by opaque fencing or shrubbery to the height of such container.

The house I own is rented to tenants. They have been placing the garbage cans in the same place for years - at the end of a 50' long driveway near the rear of the property. The garbage cans are neat and stored in a corner, out of everyone's way. The other day, I walked around the town with my digital camera and took over 50 pictures of homes having garbage cans placed out in a similar manner. Many of these homes are not rentals. Also, I took pictures of a school, a park, a funeral home and a fire department - all having garbage cans violating the ordinance.

I plan to fight this ticket but fear that the prosecution will argue that I am still guilty even if the others were not cited for the offense. What terminology should I use to combat this? Surely, if everyone in town is doing the same thing with the garbage cans the law needs to be rethought. Thank you

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

A few weeks ago a housing inspector issued me a summons because he saw garbage cans were left on the side of the house I own. Here is the verbiage from the ordinance I was ticketed for:

Any solid waste container or receptacle which may be stored or placed in the front or on the side yard of any property, including those properties that are corner lots, must be stored or placed inside an enclosure which fully protects it from the pedestrian traffic or must be screened by opaque fencing or shrubbery to the height of such container.

The house I own is rented to tenants. They have been placing the garbage cans in the same place for years - at the end of a 50' long driveway near the rear of the property. The garbage cans are neat and stored in a corner, out of everyone's way. The other day, I walked around the town with my digital camera and took over 50 pictures of homes having garbage cans placed out in a similar manner. Many of these homes are not rentals. Also, I took pictures of a school, a park, a funeral home and a fire department - all having garbage cans violating the ordinance.

I plan to fight this ticket but fear that the prosecution will argue that I am still guilty even if the others were not cited for the offense. What terminology should I use to combat this? Surely, if everyone in town is doing the same thing with the garbage cans the law needs to be rethought. Thank you

Of course it matters not that others are not cited. You may get a thank you for bringing these violations to their attention for enforcement actions similar to what you are facing.

 

[JohnSteed]

Of course it matters not that others are not cited. You may get a thank you for bringing these violations to their attention for enforcement actions similar to what you are facing.

Hi Zigner!

Wow you are fast at replying! Thanks for confirming that...

I am really having a hard time with the idea that a garbage can placed 50 feet away from the sidewalk, sandwiched in between two buildings, is unlawful. I thought there might be a higher law stating that if everyone in town is doing the same thing - or worse, than why are they singling me out??? I just red circled 74 photos of homes within half a mile of my rental house that have garbage cans in plain view of the sidewalk. These owners also keep their garbage cans there every day! Why is the inspector picking on me? Do you have any ideas on how I may argue my defense in court?

Thanks again!

 

[Zigner]

Hi Zigner!

Wow you are fast at replying! Thanks for confirming that...

I am really having a hard time with the idea that a garbage can placed 50 feet away from the sidewalk, sandwiched in between two buildings, is unlawful. I thought there might be a higher law stating that if everyone in town is doing the same thing - or worse, than why are they singling me out??? I just red circled 74 photos of homes within half a mile of my rental house that have garbage cans in plain view of the sidewalk. These owners also keep their garbage cans there every day! Why is the inspector picking on me? Do you have any ideas on how I may argue my defense in court?

Thanks again!

My first suggestion is to drop the "Why is the inspector picking on me?" line of reasoning. It will do you no more good than saying that you were speeding because everyone else was.
Now, with that in place, I would suggest that you correct the issue ASAP. This may be as simple as installing some sort of lattice screening in front of the trash cans. If you do that, then you may be able to have any fines, etc., waived and/or have the ticket dismissed entirely (if you ask really nicely.) Heck, you may even wish to contact the inspector directly and discuss the matter and possible resolutions.

 

[ajkroy]

And really, how do you know that the others weren't cited, too?

 

[JohnSteed]

My first suggestion is to drop the "Why is the inspector picking on me?" line of reasoning. It will do you no more good than saying that you were speeding because everyone else was.
Now, with that in place, I would suggest that you correct the issue ASAP. This may be as simple as installing some sort of lattice screening in front of the trash cans. If you do that, then you may be able to have any fines, etc., waived and/or have the ticket dismissed entirely (if you ask really nicely.) Heck, you may even wish to contact the inspector directly and discuss the matter and possible resolutions.

Great idea! I have already moved the cans to the rear of the property and I asked the tenants to keep them there. The inspector informed me that once he issues a summons, he can not retract it, but he can say something to the prosecution.

Thanks!

 

[JohnSteed]

And really, how do you know that the others weren't cited, too?

Great question! I do know the answer! The inspector who issued the ticket to me is in charge of the entire area where I took photographs. This is the second ticket he issued to me within a three month period. The first ticket ended with last four digits 3254. The last ticket ended with 3421. So, in that time he has issued 167 tickets! I took over 70 photos of garbage cans in one day. It is unlikely he issued all the neighbors tickets....

Also, the last time I went to court for a ticket like this, all of the cases to be heard in court were posted on a bulletin board. I had to wait a long time to hear my case, so I reviewed all of the cases. Only a small handful of the cases were for garbage cans (and all of them for landlords!).

Thanks!

 

[Zigner]

Great question! I do know the answer! The inspector who issued the ticket to me is in charge of the entire area where I took photographs. This is the second ticket he issued to me within a three month period. The first ticket ended with last four digits 3254. The last ticket ended with 3421. So, in that time he has issued 167 tickets! I took over 70 photos of garbage cans in one day. It is unlikely he issued all the neighbors tickets....

Also, the last time I went to court for a ticket like this, all of the cases to be heard in court were posted on a bulletin board. I had to wait a long time to hear my case, so I reviewed all of the cases. Only a small handful of the cases were for garbage cans (and all of them for landlords!).

Thanks!

Oy! I've lost sympathy for you. You KNEW this was an issue, yet you continued to allow it to happen.

 

[JohnSteed]

Oy! I've lost sympathy for you. You KNEW this was an issue, yet you continued to allow it to happen.

No, I did not allow this to continue to happen! I had explained the ticket to the tenants and I had moved the garbage cans once before. Not only that, I had cleaned up the area and put down patio blocks in the area where the garbage cans were to be stored. The tenants did not follow instructions.

Nevertheless, the setback is 50 feet from the sidewalk. I do appreciate your sympathy, but is this a realistic reason for issuing a ticket? The area is also a driveway, and usually a car is parked in front of the garbage cans, so you can't see them.

I am loosing hope here! Should I just pay the ticket and be done? I must go to court, since this is a second offense, but I thought if I could show that everyone else is doing the same thing, perhaps the judge would be lenient.

 

[LdiJ]

No, I did not allow this to continue to happen! I had explained the ticket to the tenants and I had moved the garbage cans once before. Not only that, I had cleaned up the area and put down patio blocks in the area where the garbage cans were to be stored. The tenants did not follow instructions.

Nevertheless, the setback is 50 feet from the sidewalk. I do appreciate your sympathy, but is this a realistic reason for issuing a ticket? The area is also a driveway, and usually a car is parked in front of the garbage cans, so you can't see them.

I am loosing hope here! Should I just pay the ticket and be done? I must go to court, since this is a second offense, but I thought if I could show that everyone else is doing the same thing, perhaps the judge would be lenient.

If an inspector is checking your property for one thing, he is likely to cite you for everything else that he might notice at the time. So, if somebody complained about something else, and he noticed the garbage cans and cited you, then its likely that he would have returned sometime in the three month period to make sure that you were still following the rules, and then he cited you again.

He probably does not have time to just go around looking for things to cite people on, his time is probably fully used up with following up on actual complaints.

 

[justalayman]

What I might do is take the ticket and a few of the pictures of other cans you believe are in violation and ask whomever issues the tickets and ask them if there is something different about your situation. Stress you do intend on being compliant with the ordinance but you must be misinterpreting it or not realizing the difference between your situation and the cans in the pictures.

If he asks who the pictures are of, kindly pass on ratting out others. Just say; it's not that I want to get somebody else in trouble. Just looking for clarification.

 

[Zigner]

What I might do is take the ticket and a few of the pictures of other cans you believe are in violation and ask whomever issues the tickets and ask them if there is something different about your situation. Stress you do intend on being compliant with the ordinance but you must be misinterpreting it or not realizing the difference between your situation and the cans in the pictures.

If he asks who the pictures are of, kindly pass on ratting out others. Just say; it's not that I want to get somebody else in trouble. Just looking for clarification.

"Everyone else is doing it" isn't a valid defense

 

[justalayman]

"Everyone else is doing it" isn't a valid defense

It isn't intended to be a defense. First, there may some differences op is not realizing between his situation and all the others he believes to be in violation. Second, it is a subtle hint that, if the others are in violation, that the ordinance is not equally applied. Hopefully that will spur the inspector to be more fair across the board.

 

[JohnSteed]

What I might do is take the ticket and a few of the pictures of other cans you believe are in violation and ask whomever issues the tickets and ask them if there is something different about your situation. Stress you do intend on being compliant with the ordinance but you must be misinterpreting it or not realizing the difference between your situation and the cans in the pictures.

If he asks who the pictures are of, kindly pass on ratting out others. Just say; it's not that I want to get somebody else in trouble. Just looking for clarification.

Now this is what I find helpful! A suggestion on how to handle the situation! Thank you very much Justalayman!

I do somewhat agree with Zig's reply below your suggestion that because everyone else is doing it does not make it right. I think what I will do is bring my pictures of the many other violations to get clarification why I am being singled out. I will also plead not guilty since my garbage cans were located far enough back off of the sidewalk sandwiched between two buildings and a fence behind it and located 50 feet away that they are protected from pedestrian traffic. I will also let the judge know that despite having had the garbage cans put there for years, they have now been relocated to behind the house. Here is the section of the ordinance that applies:

Any solid waste container or receptacle which may be stored or placed in the front or on the side yard of any property, including those properties that are corner lots, must be stored or placed inside an enclosure which fully protects it from the pedestrian traffic or must be screened by opaque fencing or shrubbery to the height of such container.


The screening portion (hedge, fence, etc.) is made optional in the ordinance by the words "or it must be screened". I think that any reasonable person passing by the driveway would agree that the garbage cans are not endangering anything or anyone 50 feet away, tucked in the corner of a driveway. Would you agree? Is there any other legal suggestions I might have missed?

My house is neatly kept. I hire a contractor to regularly maintain the place and it is well cared for. The house is located in a college town and mostly college aged people live in the town (which is why there are inspectors checking over the town in the first place). Thanks again!

 

[Zigner]

I think what I will do is bring my pictures of the many other violations to get clarification why I am being singled out.

You are owed no clarification at all, and you may actually make things worse if you walk in complaining of this. Really.