Howell Council Passes ‘Excessive Consumption’ Ordinance

HOWELL, NJ - "Nuisance" properties in the township, heed this warning.

The Howell Township Council recently passed an ordinance regarding excessive consumption of municipal services, in which the township can issue $300 fines to property owners for "excessive" calls to Howell police once placed under a one-year probation.

A probation will be issued under Police Chief Andrew Kudrick after a certain amount of calls are made to the police department in sixty days (five qualifying calls for residential properties with one to four units, 40 qualifying calls for over 200 dwelling units).

According to an Asbury Park Press report, the ordinance was inspired by bars, party houses and an unnamed group home that frequently called authorities.

"The Township Council of Howell finds and declares that the cost of the excessive consumption of municipal services relating directly to these nuisance properties should be paid by the property owner and not through general tax revenues," the ordinance reads.

Previous coverage: 'Excessive Consumption' Ordinance On Howell Council Agenda

During the March 23 public hearing on the ordinance, only one individual outside of the council commented on the item. Chris Hanlon, of Freehold-based Hanlon & Hanlon representing various properties that may be potentially affected by the ordinance, voiced several concerns including those involving mobile home parks and the procedure surrounding due process. Hanlon represents Cornerstone At Howell apartments as well as Green Acres, Oak Hill and other mobile home parks.

“It’s my understanding that all of the mobile home parks in Howell Township pay a ... fee in addition to their real estate taxes,” Hanlon said. “By statute that should be called a municipal service fee. But it's my understanding that by statuette those fees are supposed to be calculated to cover the cost of services being supplied by the municipality including such things as police calls so as it relates to the mobile home parks, it’s our understanding that we’re already paying for this service.”

Instead, Hanlon requested on behalf of the property owners that mobile home parks be removed from the ordinance or, if sufficient municipal costs are not actively covered by municipal service fee, the cost of the service fee to be adjusted.

“We believe that would be the more fair way to do it,” Hanlon said.

Hanlon also took issue with the potential for a property owner to be fined before a municipal hearing, should additional police calls take place between the time the property owner is fined and the time it takes for the owner to receive the notice.

“In my legal opinion, that’s a violation of due process,” Hanlon said, requesting that the council fix the ordinance so that an owner can’t be penalized before hearing. However, township attorney Joseph Clark clarified that no fines will be issued until a hearing is given.

“Nobody’s going to get a penalty without a hearing. I can guarantee that,” Clark said. “There’s required to be proof of the number of qualifying calls, and there’s required to be proof of the calls that occurred after the entity was put on probation … it says that there shall be a hearing, and nothing should happen until that hearing is held.”

The ordinance was approved by the Howell Township Council 5-0.

You can read the ordinance here.