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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 5-24-2016 by Ord. No. 2054-16. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Vacant buildings — See Ch. 95.
Uniform construction codes — See Ch. 107.
Dwelling units — See Ch. 125.
Fire prevention — See Ch. 139.
Flood damage prevention — See Ch. 143.
Garbage, rubbish and refuse — See Ch. 157.
Heating of residential property — See Ch. 165.
Multiple dwellings — See Ch. 185.
Property maintenance — See Ch. 219.
Public Health Nuisance Code — See Ch. 223.
Rat control — See Ch. 227.
Removal of snow and ice and other impediments — See Ch. 255.
Swimming pools — See Ch. 267.
Zoning — See Ch. 317.
As used in this chapter, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended.
CREDITOR
A state-chartered bank, savings bank, savings-and-loan association or credit union, any person required to be licensed under the provisions of the New Jersey Licensed Lenders Act, (N.J.S.A. 17:11C-1 et seq.) and any entity action on behalf of the creditor named in the debt obligations, including, but not limited to, servicers.
IMMEDIATE FAMILY MEMBER
Grandfather, grandmother, father, mother, son, daughter, grandson, granddaughter, brother, sister, uncle or aunt.
RESIDENTIAL PROPERTY
A single-family, owner-occupied residential dwelling. It shall also include a single-family residential dwelling which is occupied by an immediate family member of the person who owns the property.
Chapter 219, Property Maintenance, is hereby made applicable to all residential properties where a creditor has filed a summons and complaint for the foreclosure of a mortgage.
A. 
A creditor filing a summons and complaint to foreclose a mortgage on residential property within the City must also register the dwelling with the City through the City Clerk's office within 30 days from the date the complaint is filed with the court.
B. 
The registration form shall include 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. The registration form shall be accompanied with a registration fee of $250 for each dwelling for the first year and $500 for each dwelling in each subsequent year. Registration forms shall be available at the City Clerk's office. Registrants shall deliver the completed and executed form to the City Clerk along with a check made payable to the City of Passaic. A separate registration form is required for each house, commercial property, townhouse, condominium or duplex that is the subject of a foreclosure action.
C. 
The cost of inspection is included in the fee charged above.
D. 
Property registration shall be renewed every 12 months. The renewal form shall be due on the anniversary date following the original registration date. Failure to register a property on a timely basis shall result in the assessment of civil penalties. It shall be the responsibility of the registrant to notify the City Clerk, in writing, whenever there is a change in the contact information of the registrant.
Both the owner and occupant in possession of the subject property is a responsible party for the upkeep of the property, provided that, if a residential or commercial property becomes a vacant at any point subsequent to the filing of a summons and complaint but prior to vesting of title in the creditor/lender, the creditor/lender is also a responsible party for the upkeep of the property. This obligation includes abatement of a nuisance and correction of violations of the municipal property maintenance code. If a residential or commercial property becomes vacant, the creditor/lender shall be the responsible party 30 days after receiving notice from the municipality that the property has become vacant. Said notice must be sent to the creditor/lender by certified mail. If the certified mail has not been able to be delivered, the 30 days shall run from the time of the property's being posted in a conspicuous place or a notice's being forwarded by regular mail to the last known address of the creditor as noted in the records of the Tax Collector.
Once a home is registered, the City Clerk shall notify the Division of Code Enforcement who shall send an inspector to the property to determine whether there are any violations of Chapter 219, Property Maintenance. After the inspection, a letter shall be sent to the responsible party indicating what problems must be remedied. The letter shall state the time period for the completion of the work. A reinspection of the property shall take place at the end of that time period to determine whether compliance has occurred.
It shall be unlawful for any person to be in conflict with, or in violation of, any of the provisions of this chapter. Each day that a violation continues, after the notice of violation and order for compliance has been served and the time specified in the order has expired, shall constitute a separate offense. Any person who shall violate the regulations contained herein shall be subject to a fine of not less than $500 nor more than $1,000 for each offense. Repeat offenders shall be subject to a fine of not less than $1,000 nor more than $2,000. Repeat offenders may also be sentenced to a term of community service not extending 90 days.
If the municipality expends public funds in order to abate a nuisance or correct a violation of Chapter 219, Property Maintenance, on a residential property in situations in which the creditor was given notice pursuant to this article, but failed to abate the nuisance or correct the violations as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property. The municipality may assess a lien against the subject property for the moneys expended by the municipality. This lien may be enforced and collected in the same manner as real estate taxes are enforced and collected.