[Amended 3-10-1998 by Ord. No. 98-016; 9-13-2011 by Ord. No. 11-028; 1-24-2014 by Ord. No.
14-004; 10-25-2022 by Ord. No. 22-070]
As used in the application of this article or any property,
foreclosing, vacant or abandoned, for which any municipal ordinance
applies, the following terms shall have the meanings indicated.
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.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant building, 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, as amended
by P.L. 209, c. 296, or Section 2 of P.L. 2021 c. 444 (N.J.S.A. 40:48-2.12s2),
any debtor in possession of the property, lienholder or mortgage holder,
or any other entity determined by the City of Paterson to have authority
to act with respect to the building property.
Any person or entity who files a registration statement in
accordance with this chapter shall be also known as a registrant.
Any construction, production, or piece of work artificially
built up or composed of parts purposefully joined to together.
Any residential or commercial structure that meets the following
criteria shall be deemed vacant: If it is not legally occupied by
an owner, mortgagor or tenant, which is in such condition that it
cannot legally be reoccupied because of the presence or a finding
of at least two of the following:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant or abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple windowpanes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
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;
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;
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;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of vacancy or abandonment.
A.
The owner of any vacant building, as defined herein, shall, within
30 days after the property becomes a vacant building or within 30
days after assuming ownership of the vacant building, or within 10
days of receipt of notice from the municipality, whichever is earlier,
file a registration statement for each such vacant building with the
Department of Economic Development on forms provided by the Director
of Economic Development or his/her designee for such purposes. Failure
to receive notice by the municipality shall not constitute grounds
for failing to register the vacant building.
B.
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. The registration
shall run with the land from the date the structure should have been
first registered.
C.
The registrant shall pay a registration or renewal fee in the amount
prescribed herein for each structure registered.
D.
Each vacant building, as defined herein, having separate tax block
and lot number shall be registered separately.
F.
The Director of Economic Development or his/her designee may establish
for the 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 and in which case the initial registration
fee shall be prorated for registration statements received less than
10 months prior to that date.
G.
The Registrant shall notify the Department of Economic Development
within 10 days of any change in the registration information by filing
an amended registration statement with the Building Official on a
form provided by the Director of Economic Development or his/her designee
for such purposes.
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.
I.
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/or this article, and the name, street address and a telephone
number of the firm or individual responsible for maintaining the vacant
building. The individual or a representative of the firm responsible
for maintaining the building shall be available by telephone or in
person on a twenty-four-hours-per-day, seven-days-per-week basis.
Such individuals and entities shown on the statement must maintain
offices in the State of New Jersey or in the County of Passaic. Any
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 himself or herself as agent or as the individual responsible
for maintaining the vacant building.
J.
At any time after filing a registration statement or a renewal of
a registration statement, the owner of any vacant building 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.
K.
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 building 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 such 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 Department
of Economic Development, in writing, of a change of authorized agent
or until the owner files a new registration statement.
L.
Any owner who fails to register a vacant building under the provisions
of this article shall further be deemed to consent to receive, by
positing at the building, any and all notices of code violations and
all process in any administrative or court proceeding brought to enforce
code provisions concerning the building.
M.
The registration and renewal fee for each structure shall be $2,000
annually.
A.
The owner of any structure that has become a vacant building, 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:
(1)
Enclose and secure the structure as provided in the applicable code
of the City of Paterson, or as set forth in rules and regulations
adopted by the Director of Economic Development or his/her designee
to implement those codes.
(2)
Ensure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well maintained and free from
trash or debris.
(3)
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 building, which may be the same as the owner or authorized agent.
If the structure is set back from the street, the sign shall also
be posted on a well-secured post or stake in the front yard of the
property. The signs shall be at least 18 inches by 24 inches in dimension,
shall include the words "to report problems with this building, call
the Building Official at 973-321-1300," and shall be placed in a location
where it is clearly legible from the nearest public street or sidewalk,
whichever is nearer.
(4)
Maintain the vacant building for the entire period of vacancy in
accordance with all applicable local and state property maintenance
codes, ordinances or regulations, building codes, health codes and
fire codes pertaining to the exterior condition and appearance of
the building, the safety and structural integrity of the building,
the outdoor portion of the property, the condition and safety of accessory
structures on the property, and any conditions on the property which
constitute a hazard or adversely affect the health and safety of persons
who may have contact with the vacant building.
(5)
Promptly repair all broken windows, doors and other openings and
unsafe conditions. Boarding up of open and broken windows and doors
is prohibited, except as a temporary measure for no longer than 45
consecutive days, which period may be extended at the discretion of
the Director of Economic Development or his/her designee. Boards or
coverings must be installed in accordance with specifications issued
by Director of Economic Development or his/her designee.
B.
The owner of any vacant building 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 Economic Development or his/her
designee within 30 days of any lapse, cancellation or change in coverage.
The owner shall attach evidence of the insurance to the registration
statement. Any registration statement submitted that does not include
such evidence of insurance shall not be deemed to be a valid registration.
C.
The Director of Economic Development or his/her designee may issue
rules and regulations for the administration of the provisions of
this article.
A.
Any registrant who is not is not in full compliance with this article
or who otherwise violates any provision of this article or who otherwise
violated any provision of this article or rules and regulations issued
hereunder shall be subject to a fine of not more than $2,000 for each
offense. Every day that a violation continues shall constitute a separate
and distinct offense and shall be subject to imposition of a separate
penalty for each day of the violation as the Court may determine.
Fines assessed under this article shall be recoverable from the owner
and shall be a lien on the property.
B.
For the purposes of this section, failure to file a registration
statement in time, failure to provide correct information on the registration
statement, failure to comply with the provisions of this article,
or such other matters as may be established by the rules and regulations
of the Department of Economic Development shall be deemed to be violations
of this article.
C.
In any case in which the municipality abates a nuisance, corrects a defect, or puts the premises in a condition so as to comply with the requirements of § 271-49, et. seq., any municipal ordinance or state law applicable, the cost thereof shall be certified by the ordering Municipal Official to the governing body, which shall examine such certificate of cost and, if it finds said certificate to be correct, shall cause such cost to be charged against the real estate. The amount so charged shall thereupon become a lien and tax upon said real estate and be added to and be a part of the taxes next to be levied and assessed thereon, and enforced and collected, with interest, by the same officers and in the same manner as other taxes. The imposition and collection of a penalty by any Court for violations of the provisions of § 271-49, et. seq., or any ordinance or state law shall not constitute any bar to the right of the City to collect such assessment of costs as certified for the necessity to abate a nuisance, defect or remedy necessary to put the premises in proper condition in the manner herein authorized.
D.
After initial notification, any subsequent violation of any subsection
of the article will be in violation and shall be subject to a special
complaint or summons without a further notification. All notifications
are considered for a two-year period after the initial notification.
Nothing in this article is intended to or shall be read to conflict
or prevent the City from acting against buildings found to be unfit
for human habitation or unsafe structures, as provided in applicable
provisions of the Code of the City of Paterson, or imposing a lien
for costs on any property to the full extent permitted by law. Further,
any action taken under such code provision other than the demolition
of a structure shall relieve an owner from its obligations under this
article.
