City of Plainfield, NJ Property Maintenance Code

The Public Officer is hereby directed to identify abandoned properties in the City of Plainfield for the purpose of establishing an abandoned property list. Each item of abandoned property so identified shall include the tax block and lot number the name of the owner of record, if known, and the street address of the property.

The list of abandoned properties shall be determined and maintained by the Public Officer in accordance with the requirements of the Abandoned Properties Act.

The Public Officer shall comply with the notification, filing and publication requirements set forth in N.J.S.A. 55:19-55.

§ 6:2-5A-3 Abandoned property: criteria.

Except as provided in N.J.S.A. 55:19-83, any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the Public Officer that:

(1)

The property is in need of rehabilitation in the reasonable judgment of the Public Officer and no rehabilitation has taken place during that six month period;

(2)

Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least three months as of the date of a determination by the Public Officer pursuant to this section;

(3)

At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of a determination by the Public Officer pursuant to this section; or

(4)

The property has been determined to be a nuisance by the Public Officer in accordance with N.J.S.A. 55:19-82.

The Public Officer's abandoned property list shall not include any properties excluded under the provisions of the Abandoned Properties Rehabilitation Act.

A determination that a property is abandoned property under the provisions of N.J.S.A. 55:19-81 et al. shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.

§ 6:2-5A-4 Request for property to be placed on abandoned property list.

Any interested party may submit in writing a request to the Public Officer that a property be included on the abandoned property list prepared pursuant to N.J.S.A. 55:19-55, specifying the street address and block and lot number of the property to be included and the grounds for its inclusion. Within 30 days of receipt of any such request, the Public Officer shall provide a written response to the party, either indicating that the property will be added to the list of abandoned properties or, if not, the reasons for not adding the property to the list. For the purposes of this section, "interested party" shall include any resident of the City, any owner or operator of a business within the City or any organization representing the interests of residents or engaged in furthering the revitalization and improvement of the neighborhood in which the property is located.

§ 6:2-5A-6 Abandoned properties eligible for special tax sale or assignment of tax sale certificate requirement of the City.

Any interested party may participate in any redetermination hearing held by the Public Officer pursuant to N.J.S.A. 55:19-55. Upon written request by any interested party, the Public Officer shall provide the party with at least 20 days notice of any such hearing. The party shall provide the Public Officer with notice at least 10 days before the hearing of its intention to participate, and the nature of the testimony or other information that it proposes to submit at the hearing.

§ 6:2-5A-5 City action for transfer of possession and control of abandoned property.

The Public Officer is authorized to file complaints via a summary action otherwise to transfer possession and control of abandoned property in need of rehabilitation in the Superior Court. Said complaints shall be filed, served and prosecuted in the manner required by law.

The Public Officer is further authorized to commence and maintain such further proceedings required for the conservation, protection or, disposal of the property or any part thereof that are required to rehabilitate the property, necessary to recoup the cost and expenses of rehabilitation, filing of municipal liens, and where appropriate for the sale of the property subject to the requirements of N.J.S.A. 55:19-52. The City shall maintain, safeguard and maintain insurance on property, but this shall not relieve the owner of any civil or criminal liability or any duty imposed by reasons of acts or omissions of the landlord.

The City may hold special tax sales with respect to those properties eligible for tax sale pursuant. to N.J.S.A. 54:5-19 which are also on the abandoned property list established by the City in accordance with the requirements and procedures set forth in the Abandoned Properties Act and N.J.S.A. 54:5-19.

§ 6:2-5A-7 Registration of vacant and abandoned property required.

The Public Officer shall maintain a register of all dwelling units of Registrable Properties in the City of Plainfield except for such units exempt from registration under subsection (b)(1) below.

Registration: promulgation of rules.

(1)

Except for the governments of the United States and the State of New Jersey and their instrumentalities, the owner or owners, a creditor serving a summons and complaint in an action to foreclose on a mortgage on residential or commercial property in the City of Plainfield, regardless of occupancy, shall register it within 30 days after serving of summons and complaint on the foreclosure action or the date on which regulations are promulgated pursuant to this article.

(2)

For purposes of this section, the following terms are defined as set forth herein:

OWNER

Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity that has filed a notice with the Municipal Clerk pursuant to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008. c. 127, Sec. 17 as amended by P.L. 2009 c. 296), a creditor serving a summons and complaint in an action to foreclose on a mortgage on residential or commercial property or any other entity determined by the City of Plainfield to have authority to act with respect to the property.

REGISTRABLE PROPERTY

Shall mean:

Any Real Property located in the City, whether vacant or occupied, that a complaint and summons has been filed with respect to foreclosure on a mortgage, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing Foreclosure Action by the Mortgagee or Trustee and a Judgement has been entered, or has been the subject of a Foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the Foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a property as "registrable" shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm's length transaction or the Foreclosure Action has been dismissed and any Default on the mortgage has been cured; or

Any property that is vacant for more than 30 days or any cancellation of Utility or Service, whichever occurs first.

VACANT PROPERTY

Shall mean any parcel of land in the City that contains any building or structure that is not lawfully occupied.

(3)

Registration.

Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.

Each property having a separate tax block and lot number shall be registered separately.

The registration shall include the information required under subsection (b)(5) of this section, the insurance certificate required under subsection (b)(8) of this section, as well as any additional information that the Director of Inspections may reasonably require.

(D)

The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection (b)(6) for each vacant property registered.

(E)

The Director of Community Development may establish, for purposes of efficient administration, that all registrations shall be renewed by a single date in each year which date shall be established by the Director of Community Development. No pro-rates for registrations will be given.

(F)

Restoration.

(i)

Any owner of vacant property who plans to restore the property to productive use and occupancy during the twelve-month period following the date of the initial registration of the property shall file a detailed statement of the owner's plans for restoration of the property with the registration statement and shall be exempt from payment of the registration fee but shall comply with all other provisions of this section. In the event that the property has not been restored to productive use and occupancy at the end of the twelve-month period, the owner shall be liable for any fee waived. The Director of Community Development may extend the waiver of the registration fee for not more than one additional year in response to a written request by the property owner where the Director of Community Development finds that compelling conditions outside the owner's control made it impossible for the owner to restore the property within the initial twelve-month period.

(ii)

Where the owner is an entity experienced in rehabilitation or redevelopment of vacant properties, and where the property subject to this section is being held for a project of rehabilitation or redevelopment consistent with municipal plans and ordinances, and where by virtue of financing, market or other conditions that project may require more than one year for realization, the Director of Community Development may extend the waiver of the registration fee on an annual basis without limitation upon written request by the owner as long as he/she finds that the owner is making reasonable progress toward completion of the project.

(G)

The owner shall notify the Division of Community Development within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Director of Inspections for such purpose.

(H)

The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the City against the owner or owners of the building.

(4)

At any time after filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the City to conduct exterior and interior inspections of the building to determine compliance with municipal codes, on reasonable notice to the property owner or the designated agent.

(5)

Authorized agent and person responsible for maintenance.

The registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address and a telephone of the firm or individual responsible for maintaining the property. The individual or a representative of the firm responsible for maintaining the property shall be available by telephone or in person on a 24 hour per day, seven day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey (or in the County of Union) or reside within the State of New Jersey (or in the County of Union).

An owner who is a natural person and who meets the requirements of this section with respect to the location of his or her residence or workplace may designate him or herself as agent or as the individual responsible for maintaining the property.

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 of 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 Director of Community Development in writing of a change of authorized agent or until the owner files a new annual registration statement.

(D)

Any owner who fails to register a vacant property under the provisions of this Section shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.

(6)

The registration and renewal fee for each building shall be as follows:

At the time of the initial registration and at each annual registration, a nonrefundable registration fee in the amount of $500 per property and an additional $2,000 per property annually if the property is vacant or abandoned pursuant to the definition in this article when the summons and complaint in an action to foreclose is filed, or becomes vacant or abandoned at any time thereafter while the property is in foreclosure.

If the Foreclosing or Foreclosed Property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the Semi-Annual Registration fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.

At the time of initial registration of a vacant property not subject to foreclosure the following fees will apply:

Initial registration	$500
First renewal	$1,500
Second renewal	$3,000
Any subsequent renewal	$5,000

(7)

The owner of any structure that has become vacant property and any person responsible for maintaining any such building that has become vacant shall within 30 days of the structure becoming vacant or 30 days of the owner taking title to the property shall:

Enclose and secure the structure as provided in the applicable codes of the City of Plainfield, or as set forth in rules and regulations adopted by the City to supplement those codes;

Ensure that the grounds of the structure, including yards, fences, sidewalks, walkways and driveways are well-maintained and free from trash or debris;

Post a sign affixed to the structure indicating the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process and the name address and telephone number of the entity responsible for maintenance of the property which may be the same as the owner or authorized agent. If the structure is set back from the street the sign may be posted on a well-secured post or stake in the front yard of the property. The sign shall be at least 18 inches x 24 inches in dimension, shall include the words "to report problems with this building, call...", and shall be placed in a location where it is clearly legible from the nearest public street or sidewalk, whichever is nearer; and

(D)

Maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied or demolished or until repair or rehabilitation of the building is complete.

(8)

The owner of any vacant property shall acquire or otherwise maintain liability insurance in an amount of not less than $300,000 for buildings designed primarily for use as residential units and not less than $1,000,000 for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the Director of Community Development within 30 days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.

(9)

The Director of Health and Social Service and/or the Director of Community Development may issue rules and regulations for the administration of the provisions of this section.

(10)

Violations and penalties.

Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $500 and not more than $2,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this article shall be recoverable from the owner and shall be a lien on the property.

For purposes of this section, failure to file a registration statement within 30 days after a building becomes vacant property or within 30 days after assuming ownership of a vacant property, whichever is later, or within 10 days of receipt of notice by the municipality, failure to provide correct information on the registration statement, failure to comply with the provisions of subsections (b)(6) or (b)(7) of this section, or such other matters as may be established by the rules and regulations of The Director of Health and Social Service and/or the Director of Community Development shall be deemed to be violations of this section.

§ 6:2-5B Maintenance of vacant residential properties during foreclosure; registration.

§ 6:2-5B-1 Notice of Intention.

A creditor that serves a notice of intention to foreclose on a mortgage on residential property in the City of Plainfield pursuant to the "Fair Foreclosure Act." P.L. 1995. c. 244 (N.J.S.A. 2A:50-53 et seq.), shall serve the City Clerk with a copy of the notice at the same time that the creditor serves the notice on the owner of the property. The creditor shall include the full name and contact information of a person located within the State of New Jersey who is authorized to accept service on behalf of the creditor with a copy of the notice served on the City Clerk.

If the residential property becomes vacant at any time after the creditor files the notice of intention to foreclose, but prior to vesting of title in any third party, the creditor shall register the vacant property and pay the vacant property registration fee as set forth in this article. If the City determines that the property is in violation of any applicable State or local housing code, property maintenance code or any other rule or regulation addressing the maintenance of property within the City, the City shall notify the creditor of the violation, by providing a copy of the notice to the person located within the State who is authorized to accept service on behalf of the creditor and may require the creditor to correct the violation.

The notice to correct a violation pursuant to this section shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the City may impose penalties allowed for the violation of municipal ordinances pursuant to N.J.S.A. 40:49-5.

(d)

For purposes of this section "creditor" means a Federal or 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" P.L. 1996, c. 157 (N.J.S.A. 17:11 C 1 et seq.), and any entity acting on behalf of the creditor named in the debt obligation including but not limited to servicers.

§ 6:2-5B-2 Notice of foreclosure.

Notification.

(1)

A creditor serving a summons and complaint in an action to foreclose on a mortgage on property in the City of Plainfield shall, within 10 days of serving the summons and complaint, notify the City Clerk that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The creditor's 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 City Clerk. The City Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for the administration of any property maintenance or public nuisance code. In the event the property being foreclosed on is an affordable unit pursuant to the "Fair Housing Act." P.L. 1985, c. 222 (N.J.S.A. 52:27D-301, et al), then the creditor shall identify that the property is subject to the Fair Housing Act. 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 who is authorized to accept service on behalf of the creditor. The notice shall be provided to the City Clerk within 10 days of service of a summons and complaint in an action to foreclose on a mortgage against the subject property.

(2)

Any creditor that has initiated a foreclosure proceeding on any property which is pending in Superior Court shall provide to the City Clerk a listing of all properties in the municipality for which the creditor has foreclosure actions pending by street address and lot and block number. The City Clerk shall forward a copy of the notice to the public official.

If the owner of a property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, the creditor shall register the property and pay the applicable registration fee as set forth in this Chapter and if the property is found to be a nuisance or in violation of any applicable State or local code, the local public officer, City Clerk or other authorized municipal official shall notify the creditor, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property to such standard or specification as may be required by State law or municipal ordinance.

The City shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's 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, for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the City may impose penalties allowed for the violation of municipal ordinances pursuant to N.J.S.A. 40:49-5.

If the City expends public funds in order to abate a nuisance or correct a violation on a property in situations in which the creditor was given notice pursuant to the provisions of subsection (b) hereof, but failed to abate the nuisance or connect the violation as directed, the City shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to, the recourse provided under section 23 of P.L. 200:3. c. 210 (N.J.S.A. 55:19-100) which recourse includes placement of a lien against the property and against any asset of the creditor, against any asset of the partner of a creditor, if a partnership, and against any asset of any owner of a 10% interest or greater if the creditor is a corporation.

§ 6:2-6 Amendments.

Subsection 4.17 Penalties, of Section 4. Administrative Provisions of the Property Maintenance Code of the City of Plainfield is amended and supplemented as follows:

Section 4.17 Penalties.

Fines. A violation of any section or subsection of this Code shall be punishable by a fine not to exceed $2,000 for each violation committed hereunder. Each violation of a section or subsection of this Code shall constitute a separate and distinct violation independent of any other section or subsection.

Additional Penalties. Where an owner, operator, or occupant has been convicted of a violation of this Code and, within 12 months thereafter, has been found by the Judge of the Municipal Court to be guilty of a second violation of this Code, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender, in addition to or in lien of the fine set forth in the above paragraph, to imprisonment for a period of time not to exceed 90 days, and for the equivalent in community service.

Multiple Dwellings. Each dwelling unit of a multiple dwelling shall be deemed separate and distinct offenses. The term "multiple dwelling" shall mean any building or structure of one or more stories and any land appurtenant thereto, in which three or more units of dwelling space are occupied or intended to be occupied by three or more persons who live independently of each other.

Liability of Officers and Agents. Where the defendant is other than a natural person or persons, this section shall also apply to any agent, officer, member, or partner who shall alone or with others have charge, care, or control of the premises.

Amend and supplement Chapter 6. Property Maintenance Code Article 2. Section 2.22 as follows:

Heating Requirements. Except as hereinafter stated, from October 1 of each year to the next succeeding May 1, the interior of every dwelling unit or rooming unit, bathroom and water closet compartment shall be maintained at least at sixty-eight degrees Fahrenheit (68° F.) whenever the outside temperature falls below fifty-five degrees Fahrenheit (55° F.) during the daytime hours from 6:00 a.m. in the morning and 11:00 p.m. in the evening. At times other than those specified, interiors of units of dwelling space shall be maintained at least at sixty-five degrees Fahrenheit (65° F.) whenever the outside temperature falls below forty degrees Fahrenheit (40° F.).

Except as hereinafter stated, from May 1 to October 1, every dwelling unit, rooming unit, bathroom and water closet compartment shall be maintained at a temperature of sixty-eight degrees Fahrenheit (68° F.) during the daytime hours from 6:00 a.m. in the morning and 11:00 p.m. in the evening whenever the outside temperature falls below fifty-five degrees Fahrenheit (55° F.). At times other than those specified, interiors of units of dwelling space shall be maintained at least at sixty-five degrees Fahrenheit (65° F.) whenever the outside temperature falls below forty degrees Fahrenheit (40° F.)

In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupant in leaving windows or doors open to the exterior of the building.

Sec. 4.06(a) Notice of Procedure for Sections 2.01, 2.02, 2.03, 2.13 and 2.14. Written notice from the Public Officer for these sections shall be by summons and complaint and shall be served on the person or persons responsible for the correction thereof.

(d)

Sec 4.07 Contents of Notice, Summons and Complaint. Except as provided in 4.07(a) the notice, Summons and Complaint shall specify the violation(s), what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation(s) unless extenuating circumstances warrant otherwise, the right of the person served to request a hearing, and that the notice shall become an order of the Public Officer in 10 days after service unless a hearing is requested pursuant to Section 4.09.

(e)

Sec 407(a) Contents of Notice, Summons end Complaint for Sections 2.01, 2.02, 2.03, 2.13, and 2.14. A violation notice, which will be in the form of a summons and complaint, shall be mailed to the owner of record. The notice shall specify the violations, what must be done to correct same, a period of not less than five working days to accomplish same, and Hearing provisions as prescribed in Section 4.09(a).

(f)

Sec. 4.09(a) Hearing Procedure for Sections 2.01, 2.02, 2.03, 2.13, and 2.14. A property owner or agent may request a Hearing on the violations charged. Said Hearing will be at the Plainfield Municipal Court, 325 Watchung Avenue, Plainfield New Jersey, on the date stated on the summons and complaint. However, it is incumbent upon the property owner or agent to notify the Municipal Court Administrator within five days of the Hearing date that they intend to appear in Court and contest the violations.

(g)

Sec 2.14 Garbage Removal. The owner or operator shall have the duty and responsibility of removing garbage from the premises no less than twice weekly.

(h)

Sec 4.01(a) Agents. The Public Officer hereby supplements its enforcement capabilities by designating the Director of the Department of Public Works, The Director of Health and Social Services, The Public Safety Director, The Health Officer of the Department of Health and Social Services or their authorized representatives as its agents.

(i)

Sec 4.17(a) Violation; Penalty-First Offense. Violations of Sections 2.01, 2.02, 2.03, 2.13, and 2.14 as listed below shall be punishable by fines of not less than the amounts listed below and not more than $500.00 for the first offense as follows:

2.01	Failure to remove trash and debris	$150.00
2.02	Failure to cut and maintain lawn	$150.00
2.03	Failure to remove abandoned/disabled vehicle	$200.00
2.13	Improper garbage storage	$150.00
2.14	Failure to provide garbage removal services no less than twice weekly	$150.00

(j)

Sec. 4.17(b) Violation; Penalty-Second Offense. Violations of Sections 2.01, 2.02, 2.03, 2.13, and 2.14 as listed above shall be punishable by fines of not less than $250 and not more than $750 for the second offense and/or not more than three days imprisonment and/or the equivalent in community service.

(k)

Sec 4.17(c) Violation; Penalty-Third and Subsequent Offenses. Violations of Sections 2.01, 2.02, 2.03, 2.13 and 2.14 as listed above shall be punishable by fines of not less than $500 and not more than $1,000 for a third offense and all offenses thereafter with a term of imprisonment and/or the equivalent in community service of not less than five days but not more than 10 days.

All fines are due and payable to the Division of Community Development, 515 Watchung Avenue, upon expiration of the violation notice. Failure to pay fine and correct violation(s) will result in further Court action.

(I)	Sec 2.03 Parking or storage of motor vehicles on private property.
	(a)	Findings. It is hereby determined and declared that the outdoor storage, parking, repair, or accumulation of abandoned, wrecked, junked, inoperable, unregistered, uninspected, damaged or inoperable motor vehicles upon private property within the City is contrary and inimical to the public welfare in that the exposure to view of such motor vehicles or parts is detrimental to the surrounding neighborhood and the community at large due to danger of injury and hazards to children and others attracted to such vehicles, creation of unsightly and offensive views for adjoining residents and property owners, creating unsafe and nuisance conditions, and contributing to the devaluation of property values
	(b)	No person shall place, abandon, leave, keep, park or maintain, or permit the placing, abandoning, leaving, keeping, parking or maintaining of any motor vehicle described below out of doors upon any private land in the City of Plainfield for more than five days if said vehicle:
		(1)	Does not have a current and valid registration and inspection sticker, or
		(2)	Does not have all of its main component parts attached, or
		(3)	Is wrecked, junked, stripped, inoperable or in a state of disrepair such that it is unsightly or unsafe, or
		(4)	Is in such mechanical or physically damaged or deteriorating condition that it could not be immediately operated in a safe manner or if operated on a public roadway would be subject to a violation of N.J.S.A. 39:3-44 (unsafe vehicle)
	(A)	A motor vehicle shall be deemed "inoperable" where any of the following conditions exist:
		(i)	It is being dismantled for sale salvage, reclamation of parts, or repair.
		(ii)	It does not have all of its main component parts properly attached.
		(iii)	Where any other additional conditions exist which cause the vehicle to be incapable of being driven lawfully and safety under its own power.
	(B)	"Main component parts" means fenders, hood, wheels, radiator, motor, windows, doors. Muffler, body or essential parts of the engine, and all such other parts or equipment as are necessary for the vehicle to be lawfully driven
	(c)	Exceptions
		(1)	Nothing in this section shall be construed to prohibit the placing, keeping or storage of a motor vehicle referenced above if said vehicle is stored in an enclosed garage or building or no more than one such vehicle per property is stored in the driveway or backyard of the premises under a form fitting car cover specifically manufactured and sold for the type of vehicle stored.
		(2)	The provisions of this section shall also not apply to any lawfully existing new or used car dealers or junkyard which otherwise complies with all Federal, State and municipal laws, nor shall it apply to the temporary storage of registered, insured vehicles awaiting repairs at service stations.
	(d)	Parking or storage of motor vehicles on public property. The parking of storage of motor vehicles on public property shall be governed by State law or as otherwise provided by City ordinance.

§ 6:2-7 Abatement of nuisance.

Pursuant to N.J.S.A. 40:48-2.12f: by resolution of the City Council, the City of Plainfield may attach a lien upon real property to recover costs to abate a nuisance, correct a defect, or put a premises in proper condition. A nuisance may include, but is not limited to, property maintenance activities, law enforcement activities associated with abandoned and foreclosed properties, and any other activities reasonably related to the abatement of any nuisance created by abandoned or foreclosed properties

§ 6:2-8 Certification prior to adoption of resolution.

Prior to the adoption of a resolution to attach a lien to real property, a member of the administration with knowledge of the abatement activities must furnish a certification setting forth the following:

The activities performed;

The reasonable cost of the activities performed; and