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Jailed for a messy yard
NorthJersey.com ^ | 03.09.06 | ALLISON PRIES

Posted on 03/09/2006 1:27:54 PM PST by Coleus

MAHWAH -- Two white watering cans and a yellow broom dangle above the porch of a stone and shingle house perched atop North Hillside Avenue. Just below, empty flower pots and plastic chairs and tables clutter the entryway. "No trespassing" and "Beware of dog" signs line the sloping property.

The more-than-100-year-old house has been home to Samantha Moor for 10 years. Its sloppy condition is the reason she nearly spent the night in jail. Moor, in her late 40s, was arrested Tuesday morning and sent to the Bergen County Jail for failing to pay $4,921 in fines issued by Mahwah for property maintenance violations. She was bailed out by her former husband just before midnight.

The township has issued Moor 37 summonses dating to April 2004. A warrant was issued for her arrest when she failed to make payments, as set forth by a municipal judge. "Since she couldn't afford to make the repairs, she couldn't afford to pay the fines," said George Cotz, a lawyer Moor called from jail on Tuesday. She was expected to appear in Municipal Court in Mahwah at 1:30 p.m. today, although Cotz, who is trying another case, won't be at her side.

Moor could not be reached for comment. Cotz said her phone has been disconnected. "I don't think she particularly has any marketable skills," Cotz said. "Before she got married and had a child, she was a clerk in an office. And I think she's got health issues.

"She really has no money," he said. "I don't think this is a show." Moor's troubles started with a dishonest contractor who tore apart her house and walked away with her money, according to Ian J. Hirsch, a Hackensack lawyer who used to represent her. The contractor was fined in Mahwah Municipal Court, but that didn't help Moor, Hirsch said. "The house stayed the way it was," he said. "The scaffolding stayed, there were shingles in the yard. It started to become an eyesore."

Moor's neighbors began complaining, and eventually the fines started piling up. "The town building inspector was very, very nice," Hirsch said. "We genuinely tried to help her. But she doesn't have any money, so what can she do?" When Moor was arrested Tuesday, she called another lawyer, Hirsch suspects, because she owes Hirsch money. "Had she called me, I would have helped her anyway," he said.

When Hirsch represented Moor, she was taking classes to become a plumber, he said. "She's trying to hold onto a piece of property she's not going to be able to." Moor's property taxes were paid in full in 2005, officials said. But her first-quarter payment, due Feb. 1, has not been received. Hirsch describes Moor as a nice person whose problems have snowballed. "Some people belong in jail. Not Samantha Moor," he said. "You don't put people who are struggling to survive in jail."

John Lane, Mahwah's property maintenance and zoning enforcement officer, says Moor's problem is that she hasn't complied with the ordinances or the court orders that attempted to enforce them. If people comply and show an effort, he said, the township will work with them. "The ultimate goal we're looking for is compliance," Lane said. "We'd rather residents put the money toward property maintenance" than fines.

The idea of racking up thousands of dollars in fines, he said, is not unusual in the sprawling township. Going to jail over them is. In nearby Ramsey, both are unheard of. "We've never had anything that extreme," said Ramsey's zoning officer, Richard Mammone, who has been with the borough for 30 years. Most of the property maintenance complaints in Mahwah come from neighbors or other third parties, Lane said.

An enforcement officer investigates the complaint to check its validity. If the violation exists, residents are given a letter saying they have three days to comply. If they don't make the necessary changes, a second letter is issued saying the resident has one day to comply. If they still don't comply, a third letter is sent warning that a summons will be issued, he said. After that, a summons is issued every day the property owner fails to comply.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: New Jersey
KEYWORDS: association; bergencounty; ha; homeowner; homeownerassociation; mahwah; property; propertyrights; samanthamoor
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To: Luis Gonzalez

I think you're responding to the wrong poster. Your arguments justify having rules, not eliminating them.


81 posted on 03/09/2006 2:50:07 PM PST by ArmstedFragg
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To: Smokin' Joe

You are right about that. And the town seems to be filled with greedy, aggressive people.

It is unbelievable what my daughter had to go through at closing when she sold her house, which was in very good shape with a newly remodeled kitchen and basement.

The buyers and their realtor complained about everything at closing and wanted money on the table for each little thing. For instance, the previous owner had built shelves into the 1/2 of the basement that was used as workshop and installed some old kitchen cabinets there for storage. He'd also left a large desk that was used as a workbench.

The buyers said not a word prior to closing but demanded several thousand dollars at closing to remove the shelving and the workbench. If they'd said anything previously, my daughter's movers would have taken out the workbench and discarded it. But, my daughter had to come up with cash to have someone else do it after they were alreadly out of the house.

Their inspector found a mouse dropping in the basement and demanded cash to hire an exterminator!

None of the changes that my daughter had to pay for at closing have been made to this day (new roof, etc.) but dozens of other "beautifying" changes have been made, which is what the buyers wanted all along.

However, none of the neighbors like these new people, so it is doubtful that they will be invited to neighborhood parties like my daughter always was.

On the other end, the sellers of the house she bought in NY took items that were supposed to have been left and left things that were supposed to have gone to the husband (divorce). My daughter called him up and told him to come get his tools that the ex-wife had hidden. He was most grateful.


82 posted on 03/09/2006 2:51:16 PM PST by afraidfortherepublic
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To: Luis Gonzalez
Pay thier property taxes, and only then do you have a say in how their personal property is maintained.

Open your wallet or Christian care for a neighbor. Until then, you have no authority to control someone else's private property.

What part of private property do you not understand?

83 posted on 03/09/2006 2:53:05 PM PST by Hunble
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To: afraidfortherepublic
When my wife and I sold our last home, it was sold "AS IS" and no modifications were allowed.

When the purchaser attempted to use these excuses, the purchase price increased by $5,000 for each item.

When we said "AS IS", we ment "AS IS!"

84 posted on 03/09/2006 2:56:06 PM PST by Hunble
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To: Smokin' Joe
have lived next door to someone who COULD NOT keep their house up. We helped.

We did the same.

You're right about the nature of neighborhoods now.

85 posted on 03/09/2006 2:56:40 PM PST by Madame Dufarge
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To: Coleus

I grew up in New Jersey. Me and my siblings knew how to deal with neighbors who made endless complaints to the police or town officials over petty nonsense like this.


86 posted on 03/09/2006 2:58:02 PM PST by Alberta's Child
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To: Hildy

You are the one who is making a big assumption. What makes you think this is a nutty lady? She's poor and has health problems. That does not equate to being "nutty".


87 posted on 03/09/2006 3:01:45 PM PST by afraidfortherepublic
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To: Hunble
Well, I've always helped my neighbors when I could.

I only mow my lawn about 4-5 times a year, I like it like that!

40 acre lawn zoned residential and I can do anything I want.

I even raise a few hogs, hunt and fish in my yard, anyone that don't like it can KMA.

I wouldn't live in some crappy city with busybody neighbors.
88 posted on 03/09/2006 3:03:11 PM PST by Beagle8U (An "Earth First" kinda guy ( when we finish logging here, we'll start on the other planets.)
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To: Victoria Delsoul

New Jersey ping.


89 posted on 03/09/2006 3:04:32 PM PST by Alberta's Child
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To: Hunble

Good for you!

The good part of my daughter's story is that she did get a good price for her house and was able to buy a much nicer and newer home in New York and have money left over to make some major improvements to it (pool and fence installation and basement finish) and still have money left over.

My daughter would have played hardball with these folks at closing, but her husband just wanted to get it over with.


90 posted on 03/09/2006 3:05:12 PM PST by afraidfortherepublic
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Comment #91 Removed by Moderator

To: DevSix

I agree completely!


92 posted on 03/09/2006 3:10:57 PM PST by Mister Da (Nuke 'em til they glow!)
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To: Beagle8U
People living around me are more than welcome to pay my property taxes. Until then, they have nothing to say about my private property.

Sadly, I live in a neighborhood where the average age is around 80 years old. Since my wife and I moved into this house six years ago, most of the people who were living closest to me have died.

This is why the subject was so personal to me today.

How dare someone complain about a 87 year old widow simply trying to survive in a home, that she has owned for almost 50 years! Just as her ability to simply stay alive became impossible, keeping her home up to "community standards" was beyond her. Last year, she died and my wife was there with her.

Her husband built my home in the 1950's and how could we possibly complain about her ability to care for her yard?

Sometimes, Freepers can make me so angry that I want to spit. If not this, then what are you trying to defend and protect?

93 posted on 03/09/2006 3:18:42 PM PST by Hunble
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To: Luis Gonzalez
The condition of her property affects the value of all other properties near her, and the city has laws agaisnt keeping a messy property.

Tough - The idea that you think the Gov't should be in existence to make sure your property values don't decrease is utter nonsense.....and that type of mindset is exactly what had led to the size of Gov't we have now...at all levels!

If you want to make sure nothing near your home can decrese its property value....then buy more property around you. Period.

So, when you move to some town, you best make sure that you can live with their laws, because you can't decide not to adhere to them and still expect to live there.

Just because Gov't grows / morphs itself in to a larger and larger entity does not mean all the silly laws and regulations it puts out...are right! -

Your mindset on this issue falls right in line with all the wasteful and counterproductive regulations that are placed on business daily.....that are placed on individuals daily...that are even placed on our military daily.

It is nonsense to suggest because the Gov't grows itself by passing more and more self-enpowering rules....the ends justify the means.

94 posted on 03/09/2006 3:21:39 PM PST by SevenMinusOne
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To: Hildy

How do you know nobody did? Hmm? You're making a big assumption. Some people are just nutty. This is a nutty lady who probably needs some psychological help. I contend this is the best thing that could have happened to her. Now she's forced into getting the help she obviously needs, financial and emotional. To me, that's compassion. >>

how is getting fined, jailed and possibly being forced out of and losing your home and thrown onto the street called: compassion? Are you sure you don't need some help??


95 posted on 03/09/2006 3:24:16 PM PST by Coleus (What were Ted Kennedy & his nephew doing on Good Friday, 1991? Getting drunk and raping women)
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To: Hildy
You just don't get it...

No, you just don't get it! - Private property rights are being taken away monthly by a bunch of do-gooder / busy-bodies who think that by passing laws we should be able to take away others property rights.

Your mindset is what is electing Democrats and RHINOs at all levels. Your mindset is what is growing Gov't at all levels.

Again, if you want all your neighbors to live a certain way....then buy up all the land around you. You have no right to tell others how to live on their own property. In the sense of how they maintain their property...or how it "looks".

96 posted on 03/09/2006 3:25:16 PM PST by SevenMinusOne
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To: Coleus

It's a shame that a local church doesn't help her.


97 posted on 03/09/2006 3:26:11 PM PST by Amelia (Education exists to overcome ignorance, not validate it.)
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To: Amelia

Actually, it is rather disgusting that her local church is not helping her.


98 posted on 03/09/2006 3:33:52 PM PST by Hunble
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To: Smokin' Joe

If no one else has thanked you for helping out your neighbor, I wish to do so. Thanks.
I always thought that was what being a good citizen was all about. Helping out less fortunate people.
Just think how much better this lady's situation would be if others were like you. How could her neighbors just sit around and complain and not at least offer to help her?


99 posted on 03/09/2006 3:34:48 PM PST by jerry639
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To: Smokin' Joe

I'm with you Joe. From the sounds of the story she has lost her husband and health and was the victim of construction fraud while trying to maintain a home for her children and herself.

The neighbors should be pitching in to help instead of filing complaints... at least in the Christian U. S. of A. I grew up in...


100 posted on 03/09/2006 3:43:18 PM PST by El Laton Caliente (NRA Member & GUNSNET.NET Moderator)
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