The Director of the Division of Community Improvements, as public
officer designated by the Mayor pursuant to N.J.S.A. 55:19-80, is
hereby directed to identify abandoned properties within the municipality,
place said properties on an abandoned property list established as
provided in Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as
amended by Section 28 of P.L. 2003, c. 210, and provide such notices
and carry out such other tasks as are required to effectuate an abandoned
property list as provided by law.
The abandoned property list shall apply to the City of Paterson
as a whole.
The Director of the Division of Community Improvements, designated
by the Mayor as the public officer, shall carry out the responsibilities
established by this article and shall have all the related responsibilities
and powers provided by law.
The public officer shall provide a report to the Mayor and Municipal
Council every six months with respect to the number and location of
properties on the abandoned property list, the status of those properties,
and any actions taken by the municipality or by any qualified rehabilitation
entity designated pursuant to the authority granted the public officer
with respect to any property on the list or any other abandoned property
within the City of Paterson.
For purposes of this article, the following terms are defined
as set forth herein:
ABANDONED PROPERTY
Includes any property that is determined to be abandoned
pursuant to the Abandoned Properties Rehabilitation Act, N.J.S.A.
55:19-78.
LIENHOLDER or MORTGAGE HOLDER
Includes any person or entity holding a note, mortgage or
other interest secured by the building or any part thereof.
OWNER
Includes the holder or holders to the title of an abandoned
property.
PROPERTY
Includes any building or structure and the land appurtenant
thereto.
PUBLIC OFFICER
Includes the person designated by the municipality pursuant
to N.J.S.A. 40:48-2.5 or any other officer of the municipality qualified
to carry out the responsibilities set forth in the Abandoned Property
Rehabilitation Act and designated by the Mayor.
QUALIFIED REHABILITATION ENTITY
Includes any entity organized and authorized to do business
under the State of New Jersey which shall have as one of its purposes
the construction or rehabilitation of residential or nonresidential
buildings, the provisions of affordable housing, the restoration of
abandoned property, the revitalization and improvement of urban neighborhoods,
or similar purpose, and which shall be well qualified by virtue of
its staff, professional consultants, financial resources, and prior
activities set forth in N.J.S.A. 55:19-78 et seq., to carry out the
rehabilitation of vacant buildings in urban areas.
The City of Paterson may direct the public officer to identify
abandoned properties for the purpose of establishing an abandoned
property list throughout the City. Each abandoned property so identified
shall include the block and lot, the name of the owner of record,
the street address of the lot, and the basis for the determination
that the property is abandoned.
A. The public officer shall establish and maintain a list of abandoned properties, to be known as the "Abandoned Property List." The City of Paterson may add properties to the list at any time, and may delete properties at any time when the public officer finds that the property no longer meets the definition of an abandoned property, as set forth in §
157-36.
B. Any interested party may request that a property be included on the
abandoned property list following that procedure set forth in N.J.S.A.
55:19-105.
[Added 5-12-2015 by Ord.
No. 15-026; amended 12-20-2016 by Ord. No. 16-087]
A. A lienholder, mortgage holder or mortgagee (collectively "creditor"),
serving a summons and complaint in an action to foreclose on a mortgage
on residential property, shall, within 10 days of serving the summons
and complaint, notify the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been filed against this
property.
B. The notice shall contain the name and contact information for the
representative of the creditor, who is responsible for receiving complaints
of property maintenance and code violations, may contain information
about more than one property, and shall be provided by mail or electronic
communication, at the discretion of the Municipal Clerk. The notice
shall also include the street address lot and block number of the
property and the full name and contact information of an individual
located within the State of New Jersey who is authorized to accept
service on behalf of the creditor and who shall be immediately responsible
for the care, maintenance, security, and upkeep of the exterior of
the vacant and abandoned residential property. The Municipal Clerk
shall provide a copy of the notice to the Public Officer.
C. In the event the creditor that has served a summons and complaint
in an action to foreclose on a residential property is located out
of state, the notice shall also contain the full name and contact
information of an in-state representative or agent who shall be responsible
for the care, maintenance, security, and upkeep of the exterior of
the abandoned property.
D. Any creditor that has initiated a foreclosure proceeding on any residential
property which is pending in Superior Court shall provide to the Municipal
Clerk, within 30 days, a listing of all residential properties in
the City of Paterson for which the creditor has foreclosure action
pending by street address and lot and block number. The Municipal
Clerk shall provide a copy of the listing to the Public Officer.
E. By designating an authorized agent under the provisions of this section,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation for
the purposes of this section until the owner notifies the City of
Paterson in writing of a change of the authorized agent.
F. Any creditor who fails to designate a registered agent under the
provisions of this section shall further be deemed to consent to receive,
by posting on the building, in plain view, and by service of notice
at the last known address of the owner of the property on record within
the City by regular and certified mail, any and all notices of code
violations and all process in an administrative proceeding brought
to enforce code provisions concerning the property.
G. A creditor located in the State of New Jersey may designate itself
as an agent or as the entity responsible for maintaining the property.
[Added 5-12-2015 by Ord.
No. 15-026; amended 12-20-2016 by Ord. No. 16-087]
A. A public officer, or any other local official responsible for administration
of any property maintenance or public nuisance code, is authorized
to issue a notice to the creditor filing the summons and complaint
in an action to foreclose, if the public officer or other authorized
municipal official determines that the creditor has violated the ordinance
by failing to provide for the care, maintenance, security, and upkeep
of the exterior of the property. Such notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
B. A creditor found by the municipal court of the municipality in which
the property subject to the ordinance is located, or by any other
court of competent jurisdiction, to be in violation of the requirement
to correct a care, maintenance, security, or upkeep violation cited
in a notice issued pursuant to the ordinance shall be subject to a
fine of $1,500 for each day of the violation. Any fines imposed pursuant
to this subsection shall commence 31 days following receipt of the
notice, except if the violation presents an imminent risk to public
health and safety, in which case any fines shall commence 11 days
following receipt of the notice.
C. An out-of-state creditor found by the municipal court of the municipality
in which the property subject to the ordinance is located, or by any
other court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent pursuant to the ordinance
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed on a creditor for the failure to appoint an in-state
representative or agent shall commence on the day after the ten-day
period set forth in N.J.S.A. 46:10B-51 for providing notice to the
municipal clerk that a summons and complaint in an action to foreclose
on a mortgage has been served.
[Added 12-20-2016 by Ord.
No. 16-087; amended 10-25-2022 by Ord. No. 22-071]
A. "Creditor" means a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in the Superior Court
seeking to foreclose upon a residential or commercial mortgage. If
the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for purposes of this section.
For purposes of this section, a creditor shall not include the state,
a political subdivision of the state, a state, county, or local government
entity, or their agent or assignee, such as the servicer.
B. Any creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the municipality pursuant
to section 17 of P.L.2008, c.127 (N.J.S.A. 46:10B-51) or section 2
of P.L.2021, c. 444 (N.J.S.A. 40:48-2.12s2), must register the residential
or commercial property with the municipality's property registration
program as a property in foreclosure and, as part of that registration:
(1) Provide the municipality with the information regarding the creditor
required by paragraph (1) of subsection a. of section 17 of P.L. 2008,
c.127 (N.J.S.A. 46:10B-51) or paragraph (1) of subsection a. of section
2 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s2);
(2) Identify the date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing; and
(3) Identify whether the property is vacant or abandoned in accordance with the definition in the ordinance required by Subsection
H of this subsection.
C. If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration within 10 days
of the change in that information on a form provided by the City.
D. The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant or abandoned in accordance with the definition in the City of Paterson's Ordinance §
271-47, et. seq., after the property is initially registered with the municipality, update the property registration with the municipality to reflect the change in the property's status.
E. A creditor located out-of-state shall be responsible for appointing
an in-state representative or agent to act for the foreclosing creditor.
F. A creditor, filing a summons and complaint in an action to foreclose
on a property, that is or becomes vacant or abandoned, is required
to adhere to all City of Paterson Ordinances including but not limited
to § 247-48, et. seq. The creditor shall have a continuing
duty to notify the City of any changes to information contained in
the registration.
G. A property shall be considered vacant or abandoned if it is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, because of the presence or finding
of at least two of the following:
(1) Overgrown or neglected vegetation;
(2) The accumulation of newspapers, circulars, flyers, or mail on the
property;
(3) Disconnected gas, electric, or water utility services to the property;
(4) The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
(5) The accumulation of junk, litter, trash, or debris on the property;
(6) The absence of window treatments such as blinds, curtains, or shutters;
(7) The absence of furnishings and personal items;
(8) Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant or abandoned;
(9) Windows or entrances to the property that are boarded up or closed
off, or multiple windowpanes that are damaged, broken, and unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
(11)
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
(12)
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
(13)
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
H. All property registrations are valid for one year from the date of
registration. The initial registration fee is $500 and must accompany
the registration form as supplied by the City of Paterson. Subsequent
annual registrations fees are $5. Registration fees and renewal fees
will not be prorated or refunded.
I. Once the property is no longer vacant or is sold or otherwise transferred,
the owner must provide proof of sale, transfer, or occupancy to the
enforcement authority within 30 days of sale, transfer or occupancy.
J. The governing body shall authorize a public officer, designated or
appointed pursuant to P.L.1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.),
or any other local official responsible for administration of any
property maintenance or public nuisance code to issue a notice to
the creditor filing the summons and complaint in an action to foreclose,
if the public officer or other authorized municipal official determines
that the creditor has violated the ordinance. In the case of a violation
for failure to provide care, maintenance, security, and upkeep of
the exterior of vacant or abandoned property, such notice shall require
the person or entity to correct the violation within 30 days of receipt
of the notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
K. Violations.
(1) An out-of-state creditor subject to an ordinance adopted pursuant to subsection
A. of this section found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to the ordinance shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a. of section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or paragraph (1) of subsection a. of section 2 of P.L.2021, c.444 (N.J.S.A. 40:48-2.12s2) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
(2) A creditor subject to this section found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by Subsection
K(1) of this subsection, of the ordinance shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
L. No less than 20% of any money collected pursuant to Subsection
H or
J of this section or an ordinance adopted pursuant to Subsection
A. of this section shall be utilized by the municipality for municipal code enforcement purposes.
[Added 12-20-2016 by Ord.
No. 16-087]
A. Properties subject to the requirements of this article must be maintained
in accordance with all applicable federal, state and local laws, ordinances,
rules and regulations. The owner, creditor or local property management
company, as appropriate, must inspect the property once a month for
the duration of the vacancy or foreclosure.
B. In addition to, and not in lieu of, meeting all other applicable
federal, state, and local laws, ordinances, rules and regulations:
(1) Properties subject to the requirements of this article shall be kept
free of accumulated snow and ice, weeds, dry brush, dead vegetation,
trash, junk, debris, building materials, unregistered vehicles, any
accumulation of newspapers, circulars, flyers, notices (except those
required by law), and discarded personal items including but not limited
to furniture, clothing, large and small appliances, printed material
or any other items giving the appearance that the property is vacant.
(2) Properties subject to the requirements of this article shall be maintained
free of graffiti, tagging or similar markings. In the event that any
graffiti, tagging or similar markings are placed on the property,
it shall either be removed or painted over with an exterior-grade
paint matching the color of the portion of the structure where the
graffiti, tagging or similar marking was placed.
(3) Front yards, rear yards, and side yards of properties subject to
the requirements of this article shall be landscaped and maintained
to neighborhood standards. Landscaping and maintenance shall include,
but is not limited to, care of grass, mulch, decorative rock, artificial
turf/sod specifically designed for residential or commercial installation,
or other ground cover, bushes, shrubs, hedges, trees or similar plantings,
removal or repair of gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material, in addition to regular watering, irrigation, cutting, pruning
and mowing of required vegetation and removal of all trimmings.
[Added 12-20-2016 by Ord.
No. 16-087]
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $1,000,
by imprisonment for a term not exceeding 90 days or by a period of
community service for not more than 90 days, or any combination thereof.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.