Question

As a public health officer in charge of a county, the governor has directed you to address illegal waste dumping. Discuss the legal procedures and relevant tools that you will apply to ensure the nuisance abatement. 25mks

Answer 1

Procedure

Procedure yhrothr which a nuisance abatement action takes place is set forth generally in N.J.S.A40:48-2.5. As noted earlier,it is triggered by the adaption of municipal ordinance designating the public officer and granting her the powers set forth in state law.

In the case of emergency,such as a structurally unsound building in imminent danger of collapse the public officer has the power to shortcircuit the process and seek a summary order from the court giving her the power to abate the nuisance forthwith.

Administrative tools

The first step in dealing with a nuisance property comes in the form of a notice of violation /stop working order.permit revocation is also an available administrative tools.depending upon the jurisdiction regulations,bus business license.

Criminal and Civil prosecution Tools

When administrative tools not work then criminal prosecution are also options.administrative remidies are less expensive,and if a criminal case actually goes to trial,costs can skyrocket.

Abatement of nuisance is a legal self help procedure where by any victim of a private nuisance may take steps to deal with the problem.

1. Where there is a basic for charges,the public officer issues acompliant stating the charge.

2. If the owner failed to abate the nuisance in timely fashion,the public officer must determine weather to act ;and if so , what action take .in this situation the public officer will routinely have the buliding vacated,if occupied,or demolished,if if vacent,and will not seriously investigate the feasibility of having the buliding repaired or improved.