We contrated a tree cutting service to cut a tree outside of our fence here in Dumont New Jersey. they did not secure a permit to cut the tree and they proceed to cut 6 small trees. the building inspector sued us for violation of code 344-10. Are we the one responsible or the tree company.We are going to have a hearing in Dumont Boro Municipal Court on Nov. 9, 2011 at 5:30pm. with Judge Donald M Holdsworth.Can you advise us on what to do.Regards,Ernesto E. Roxas
State/Country relating to Question: New Jersey
I wrote aletter to the Judge to dismiss the case send on October 27, 2011.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.Unfortunately since you are the property owner you are the one responsible. It appears that the problem is that the trees were not actually on your property but on the public right of way and were therefore "bourough" trees. Here is the ordinance.http://www.ecode360.com/12230818#12230819To remove the trees it is a type I violation. You can sue the tree company for any fines that are levied against you.
Actively practicing trial attorney
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).