After court loss, Hawthorne vows continued enforcement in long-running property debris case

Borough Attorney Michael Pascual told the council on March 4 that a superior-court judge dismissed the borough’s civil claim in a long-running code-enforcement case involving a private property owner (identified in the transcript as Mr. Spoileda). The judge described the property’s condition as “appalling” but concluded the superior court did not have authority to permit entry onto private property in the manner the borough had sought in that civil action.

Pascual said the borough still has other legal avenues. He recounted that prior municipal-court orders (and at least one prior superior-court ruling) had authorized certain remedial action and that the borough will pursue additional prosecution, summonses and further court filings. "We will be redoubling our efforts to... prosecute this matter in our courts," Pascual said, and he said he would ask the council for permission to appeal the recent civil ruling.

Councilors pressed for clarity about collection of fines and execution of liens. The attorney explained that issuance of summonses and obtaining judgments are distinct steps; fines typically cannot be collected until a criminal or code-violation conviction or civil judgment is entered. Council members suggested ways to increase pressure — including pursuing collections on existing judgments, seeking photographic evidence, or exploring other enforcement mechanisms — while also noting legal limits (court authentication of evidence and constitutional search issues related to drones were raised).

What comes next: The administration said it will continue issuing summonses, explore ways to streamline prosecution scheduling in other municipal courts, and prepare for possible appeal. The council also discussed the possibility of liaisons with police to collect admissible evidence and the need to examine prior judgments for lien execution.