Richard D. Trenk, Mark Y. Moon, and Juliana C. Canevascini Secure Appellate Division Victory Upholding a Municipality’s Ability to Impose Daily Fines for Ongoing Ordinance Violations

Firm Director and co-chair of the firm’s Government Representation practice Richard D. Trenk, partner Mark Y. Moon, and associate Juliana C. Canevascini successfully secured a published Appellate Division decision on behalf of a municipality, reaffirming the authority of New Jersey municipalities to impose daily fines for ongoing ordinance violations. The decision reversed a lower court ruling that had reduced penalties against a developer despite years of noncompliance with the Township’s construction site safety fencing ordinance.

Trenk explained, “In its published opinion, the Appellate Division emphasized that limiting municipalities to a one-time penalty would significantly weaken local enforcement authority and undermine public safety efforts.” The court reinstated the daily fine structure and remanded the matter for resentencing consistent with its decision, marking an important precedent for municipal enforcement actions throughout New Jersey.

The Government Representation Practice Group at Trenk Isabel Siddiqi & Shahdanian provides New Jersey municipal, county, and state entities with general legal counsel on all aspects of the increasing number of legal issues facing local public entities.