[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979
by Ord. No. 79-111 as Ch. 13, Art. 25, of the 1979 Revised
General Ordinances of Paterson. Amendments noted where applicable.]
The Council has determined that:
A.
There exist in this city numerous vacant lots which present
a threat to the health, safety and welfare of the residents of the city due
to the fact that they serve as dumping grounds for garbage, debris, glass
and other harmful substances.
B.
Said lots are a source of danger to juveniles in the
area, a constant breeding ground for rodents and filled with objects that
endanger the safety of children who might wander onto them.
C.
There is urgent need for immediate action by the appropriate
authorized agencies for the elimination and reduction of such danger with
respect to said vacant lots whenever the same shall be brought to their attention.
The Director of the Division of Community Improvements or such subordinate
officials as may be designated to act in his behalf be and are hereby empowered
to enter and to inspect each and every vacant lot in this city.
A.
When any lot has been vacant for a period of thirty (30)
or more days or becomes vacant as a result of demolition and the Director
or his designee certifies that the same constitutes a danger and a threat
to the health, welfare or safety of persons in the area, a complaint shall
be served upon the owner or parties in interest.
B.
The complaint shall contain:
(1)
A description of the premises.
(2)
A notice that a hearing will be held before the Director
of Community Improvements or his designated agent at a time fixed not less
than ten (10) days after serving the complaint. The notice shall state that
the parties in interest may file an answer no less than three (3) days prior
to the scheduled hearing and may appear in person.
After notice and hearing, the Director of Community Improvements or
his designee shall determine if a vacant lot under consideration constitutes
a danger and a threat to the health, welfare or safety of persons in the area.
If such positive determination is made, the Director of Community Improvements
or his designee shall, within fifteen (15) days after the hearing, state,
in writing, his findings and support for his determination, and he shall within
said fifteen (15) days issue and serve on all parties in interest an order
effective ten (10) days after receipt, to protect and secure said lot against
intrusion, garbage dumping, unlawful entry or unlawful use or use inimical
to the public health, safety and/or welfare requiring the following:
A.
The owner or owners shall have removed therefrom all
filth, rubbish, refuse, junk, slop, wood, paper or other materials which are
or may constitute a hazard to health or cause accidents on said lot.
A.
Specifications for the fence required by § 319-5B are as follows:
(1)
The minimum height shall be six (6) feet.
(2)
The fencing material must be of galvanized metal.
(3)
There shall be a minimum of two-inch outside diameter
galvanized pipe for all line posts.
(4)
There shall be a minimum of two-and-one-half-inch outside
diameter for all terminal posts, gates, ends and corner posts.
(5)
All terminal posts must be set in concrete footings at
a minimum of thirty (30) inches into the ground.
(6)
All line posts must be driven a minimum of thirty (30)
inches into the ground.
(7)
Fencing material must be of minimum No. 9 gauge galvanized
wire with a two-inch mesh.
(8)
Coil spring minimum No. 7 gauge wire shall be used to
provide proper tension.
(9)
In no case should barbed wire, wood or similar materials
dangerous to children be used.
B.
It shall be the continuing responsibility of the owner
or owners to so maintain the fence and protect the property as hereinabove
set forth so long as the same shall remain vacant.
All complaints, notices and orders issued by the Director of Community
Improvements shall be served either personally or by registered mail.
Upon failure of the owner or owners to protect said lot within the period specified in § 319-5, immediate notice shall be given by the Director of Community Improvements to the Director of the Department of Public Works; and upon receipt of such notice, the Director of the Department of Public Works shall forthwith protect said property as hereinabove set forth.
The costs thereof shall be certified by the Director of the Department
of Public Works to the Council. If, upon examination of the certificate, the
Council shall find the same to be correct, such certified cost shall forthwith
become a charge against said lands and constitute a lien upon said lands,
which shall be added to and become and form a part of the taxes next to be
assessed and levied upon said lands. The amount of such charge or lien shall
bear interest at the same rate and shall be collected and enforced by the
same officers and in the same manner as taxes.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding one thousand dollars ($1,000.),
by imprisonment for a term not exceeding ninety (90) days or by a period of
community service not exceeding ninety (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.
