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Recon Brief

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Submitted By silencio
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Mr. J. Orlando, Clerk
Superior Court, Appellate Division
Hughes Justice Complex
25 W. Market St.
Box 006
Trenton, NJ 08625

Re: State v. Heine, A-001720-10-T4

Dear Mr. Orlando:

Please accept the attached letter brief in lieu of a more formal brief in support of my Motion for Reconsideration.
PROCEDURAL HISTORY AND STATEMENT OF FACT The Garfield City Council adopted Ordinance 2382 in 2003 which was an acceptance of a copyrighted document called the International Property Maintenance Code(IPMC). They cited a few changes to the text of the code and noted them in the ordinance. Everything else is exactly as it appears in the IPMC. If a resident is charged with a violation of the Garfield codes, they may look up the codes on the internet. If their charge is something in the IPMC they are unable to look it up on the internet. They have to call the company and charge $24 to their credit card and a copy will be sent or they would have to take off from work and go to town hall when the clerk’s office is open and read the IMPC or ask that a page be copied and pay $.75. The text of the IMPC reads very much like the NJ BOCA Code. The distinguishing feature is that the NJ BOCA Code is intended to give guidance to a person who is carrying out a permit and following the building code rules so the project will pass inspection. There is no criminal feature to the BOCA Code. Also, parts of the building or house that are not part of the permit are not even considered with reference to the BOCA Code unless a large percentage of the building is under renovation.
The IMPC has been adopted by the Council and infractions are tried in the Municipal Court which is Quasi-criminal and therefore follows the rules of Criminal. The text in the IMPC deals with interior space that may be a single family home. If an inspector sees something that violates the dictates

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