N.J.S.A. 40:55D-18: What To Do When Your Town Refuses To Enforce Its Own Zoning Laws

By: Vincent Del Riccio, Esq. of R.C. Shea & Associates

The Municipal Land Use Law or “MLUL” sets forth the laws with which all municipalities must conform to with respect to development. Municipalities also have a wide variety of their own ordinances in place to, among other things, establish zones, dictate what uses may take place in those zones, and set limitations and restrictions on those uses. It can be frustrating however, when the individuals charged with enforcing those ordinances fail, or seemingly refuse to do so. Fortunately, the MLUL has a remedy for members of the public who face such a situation.

N.J.S.A. 40:55D-18 mandates that a municipal governing body must enforce the provisions of the MLUL, and its own ordinances. It goes on to state:

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

In plain terms, this provision allows an interested party, such as a nearby property owner, to bring an action in Court to prevent or stop another party from violating the municipality’s land use ordinances.

If you are facing silence or indifference from your local officials with respect to a neighbor’s violation of the local development ordinance, please give the attorneys at R.C. Shea & Associates a call for a consultation. (732) 505-1212.