A.
The Director of Housing Inspections of the City of
Passaic is hereby designated to serve as the Housing Officer hereunder,
and all inspections, regulations, enforcement and hearings on violations
of the provisions of this code, unless expressly stated to the contrary,
shall be under his direction and supervision. He may appoint or designate
such other public officials or employees of the City to perform duties
as may be necessary to the enforcement of this code, including the
making of inspections and holding of hearings.
[Amended 1-5-1984 by Ord. No. 768-83; 8-9-1984 by Ord. No. 795-84; 6-9-2004 by Ord. No. 1620-04]
B.
The Director of Housing Inspections of the City of
Passaic is authorized to make and adopt such written administrative
rules and regulations as may be necessary for the proper enforcement
and interpretation of this article and to secure the intent thereof.
Such rules and regulations shall not be in conflict with the provisions
of this article or any other ordinance of the City of Passaic nor
shall they have the effect of waiving any provisions of this article
or any other ordinance of the City of Passaic, nor shall they have
the effect of waiving any provisions of this Article or any other
ordinance. Such administrative rules and regulations shall have the
same force and effect as the provisions of this article, and the penalty
for violation thereof shall be the same. The rules and regulations
shall be submitted to the Council of the City of Passaic. Failure
of the local legislative body to approve, reject or modify such rules
and regulations within 60 days after submission shall be deemed to
constitute approval thereof. Said rules and regulations as approved
by the local legislative body shall be on file and available as a
matter of public record.
[Amended 1-5-1984 by Ord. No. 768-83; 8-9-1984 by Ord. No. 795-84; 6-9-2004 by Ord. No. 1620-04]
C.
For each such inspection, all rooms and parts of the
premises must be available and accessible for such inspections, and
the owner and operator are required to provide the necessary arrangements
to facilitate such inspections. Such inspections shall be made during
the regular working hours of the business occupying the said premise,
unless there is reason to believe a violation exists of a character
which is an immediate threat to health or safety which requires inspection
and abatement without delay.
[Amended 8-9-1984 by Ord. No. 795-84; 7-11-1985 by Ord. No.
865-85]
Inspectors shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any dwelling unit, rooming unit or any part of any premises subject
to this code. Inspectors shall conduct themselves so as to avoid intentional
embarrassment or inconvenience to occupants.
Where the Housing Officer or his agent is refused
entry or access or is otherwise impeded or prevented by the owner,
occupant or operator from conducting an inspection of the premises,
such person shall be in violation of this code and subject to the
penalties hereunder.
[Amended 8-9-1984 by Ord. No. 795-84; 7-11-1985 by Ord. No.
865-85]
In addition to the provisions of § 219-149, the Housing Officer may, upon affidavit, apply to the Judge of the Municipal Court of the City of Passaic for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises, and if the Judge of the Municipal Court is satisfied as to the matter set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the Judge of the Municipal Court upon affidavit of the Housing Officer establishing grounds therefor pursuant to § 219-187.
[Amended 2-7-1985 by Ord. No. 825-85; 10-3-1985 by Ord. No.
882-85; 8-28-1986 by Ord. No. 940-86]
A.
Except as hereinafter provided, where a violation
of this code or the regulations hereunder is found to exist, a written
notice from the Housing Officer shall be served on the person or persons
responsible for correction thereof.
C.
No prior notice shall be required where a violation
of this code shall potentially constitute an immediate or imminent
danger to the safety, health or general welfare of the occupants of
a particular dwelling unit, neighboring dwelling units in the same
building or an adjacent building. The following shall be cloaked with
a rebuttable presumption of such potential:
(3)
Section 219-37 (failure to connect to public water supply system and to maintain the same in good condition).
(4)
Section 219-38 (failure to connect and maintain hot and cold running water to all plumbing fixtures).
(6)
Section 219-48 (installation and maintenance of heating equipment, particularly space heaters; prohibition on use of kerosene or similar heaters and sidearm water heaters).
E.
A violation of Subsection B above shall be punishable by a fine of not less than $100 nor more than $1,000 or by 90 days in jail, or both.
F.
A violation of Subsection C above shall be punishable by a fine of not less than $100 nor more than $1,000 or by 90 days in jail, or both, but it is the intent of the City Council that, in the event of a repeat offender, the court deal progressively more harshly with such offender who exhibits no concern for the safety of persons who have no control over the hazardous conditions he/she creates or permits.
G.
It shall be a separate violation of the code of the
City of Passaic for anyone who has been convicted of three or more
violations of the Property Maintenance Code within any calendar year.
This violation shall not require prior notice and shall be cloaked
with a rebuttable presumption. A repeat offender in violation of this
chapter shall be subject to the general penalty provisions of the
chapter.
[Added 6-9-2004 by Ord. No. 1620-04]
[Amended 9-13-1984 by Ord. No. 803-84]
A.
The notice shall specify the violation or violations committed, what must be done to correct the same and a reasonable time period to correct or abate the violation or violations. For the purpose of this section, a "reasonable time" shall mean the time actually required to do the necessary work, and it shall not be a defense in a Municipal Court proceeding that an owner or operator was unable to obtain the services of a contractor or tradesman unless such owner or operator has requested an extension from the Housing Officer according to § 219-156 hereunder.
B.
In cases deemed by the Housing Officer to constitute
an emergent threat to life, limb, public health, safety or welfare
or to property or cases which create an uninhabitable condition in
one or more rooms in any dwelling unit, the Housing Officer may reasonably
order by telegram, mailgram or telephone call to the owner or his
agent that steps to abate the violation be taken within 24 hours of
said notice.
Notice may be served personally or by prepaid
telegram or prepaid mailgram or by mail with postage prepaid addressed
to the last known address of the person to be served. In the case
of an occupant, notice may be posted upon the door of his dwelling
unit or rooming unit. Where it is ascertained that the owner does
not reside on the premises, the last known address shall be the address
of the owner as shown in the Office of the Tax Assessor or Tax Collector.
If the last known address cannot be ascertained, the notice may be
posted on the outside front entrance of the building. The Housing
Officer shall file and provide notice to any owner, operator or occupant
of any violation at any address other than the last known address
provided hereunder if such address is filed with the Housing Officer
personally or by mail addressed to the Housing Officer. Service upon
an owner, operator or occupant may also be attained by service of
any notice upon a competent member of the family of the owner, operator
or occupant or any person of or over the age of 14 at addressee's
address. Date of service of the notice shall be determined where service
is by mail as the day following the day of mailing for notices within
the City and as of the third day after mailing for notices to addresses
outside the City and as of 24 hours of time of transmission of a mailgram
and as of 12 hours after the time of transmission of a telegram without
regard to the actual time or date at which the addressee accepts such
service. Where the day of service would fall upon a Sunday or other
day when mail is not normally delivered, then the day of service shall
be the next regular delivery day. Notwithstanding any other provision
herein contained, where premises are subject to registration pursuant
to Ordinance No. 162-72[1] and have been so registered, notice served upon the agent
designated therein shall constitute service upon the owner, operator
and occupant lessor of the premises, jointly and severally. Where
the owner, operator or lessor has failed to register the premises
as required under Ordinance No. 162-72 or if the present premises
have been registered and if the agent designated therein cannot be
found at the address given in the registration, the owner, operator
or lessor affected thereby may be served by posting notice upon the
premises in a conspicuous place near as possible to the front entrance
thereof.
[Added 10-6-1988 by Ord. No. 1044-88]
A.
It shall be the responsibility of the owner of any
real property in the City of Passaic or his/her agent to maintain
current the owner's address with the City of Passaic by filing a change-of-address
notice with the Tax Assessor whenever required as a result of such
change on the part of the owner. Failure to have changed one's address
on the records of the Tax Assessor shall be deemed to be a violation
of this chapter.
B.
Where an owner of real property in the City of Passaic
is required to file landlord registration certificates with the City
of Passaic, it shall be the obligation of such owner to notify the
Department of Community Development of any change in address or telephone
number within 10 days of any such change. Failure to do so shall be
deemed to be a violation of this chapter.
C.
It
shall be the responsibility of the owner of any real property in the
City of Passaic or his/her agent to provide notice, in plain language,
regarding renters insurance as part of their leases/rental agreements
or by way of other written correspondence to inform the tenant of
their ability to obtain renters insurance to protect their personal
property.
[Added 11-10-2022 by Ord. No. 2369-22]
Within 10 days of the date of service of a notice,
the notice shall constitute a final order unless any person affected
by the notice requests a hearing thereon, serves a written request
within the ten-day period in person or by mail the Housing Officers.
Such request for a hearing shall set forth briefly the grounds or
reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Housing Officer, upon receipt of the request,
shall, within 30 days therefrom and upon five days' notice to the
party aggrieved, set the matter down for hearing.
At any hearing provided hereunder the Housing
Officer shall be vested with all powers provided by law to compel
the attendance of witnesses and parties in interest by issuance and
service of subpoena, to require by subpoena the production of books,
records or other documents at any such hearing which may be pertinent
to matters to be determined by him and to enforce any such subpoena
or secure any order for the enforcement of any such subpoena as provided
by law. Determination shall be made within 10 days from the completion
of the hearing. The Housing Officer shall issue an order either incorporating
the determination and directions contained in the notice, modifying
the same or withdrawing the notice.
The Housing Officer may extend the time for
correction or abatement of the violations for an additional period
of time with justification of such delay only after a request is made
in writing.
A.
Where the violation or condition existing on the premises
are of such a nature as to constitute an immediate threat to life
and limb unless abated without delay, the Housing Officer may either
abate the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and upon failure to do so, the Housing
Officer shall abate the condition immediately thereafter. In either
case, the cost of abatement shall be the obligation of the owner,
operator or occupant, as determined by the Housing Officer, and such
costs shall be reimbursed to the city. Failure to discharge the obligation
within 30 days after notification shall be a violation of this chapter
and shall subject the owner, operator or occupant to the penalties
thereof, in addition to such other recourse as the City may pursue
to recover said costs.
[Amended 8-9-1984 by Ord. No. 795-84]
B.
The amount of the filing of legal papers, expert witnesses,
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this act determined in favor of the municipality
and such cost of such repairs, alterations or improvements or vacating
and closing or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum of any realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the public officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof the proceeds of any
sale of such materials or any sum derived from any contract for the
removal or demolition of the building. If there are no such credits
or if the sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and amount so due shall
be filed with the Municipal Tax Assessor or other custodian of the
records of tax liens, and a copy thereof shall be forthwith forwarded
to the owner by registered mail. If the total of the credits exceed
such costs, the balance remaining shall be deposited in the Superior
Court by the public officer, shall be secured in such manner as may
be directed by such Court and shall be disbursed according to the
order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court; provided, however
that nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
[Added 6-1-1978 by Ord. No. 484-78]
C.
Pursuant to Chapter 113 of the Laws of 1978 (N.J.S.A. 40:48-1.1), whenever the City of Passaic, pursuant to law or pursuant to any ordinance, code, rule or regulation adopted pursuant to law, undertakes the removal or demolition of any building or structure which is dangerous to human life or the public welfare or which constitutes a fire hazard, the governing body of the municipality, in addition to assessing the cost of such removal or demolition as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the premises and may authorize the institution of an action at law for the collection thereof. The Superior Court, a County Court, or a County District Court shall have jurisdiction of any such action.
[Added 4-26-1979 by Ord. No. 536-79]
Any violation of any ordinance other than this
code discovered by a housing inspector shall be reported to the Housing
Officer, who shall refer the alleged violation to the official or
agency responsible for the enforcement of such other ordinance.
Where there exists a violation of occupancy
standards hereunder, an owner or operator, upon receipt of a notice
of violation, if unable to eliminate the violation by peaceable means
within the period of time specified in said notice shall commence
within such period legal action to dispossess, evict or eject the
occupants who cause the violation. No further action hereunder shall
then be taken against the owner or operator so long as the action
aforesaid is pending in the court and is prosecuted expeditiously
and in good faith.
[Added 5-3-1984 by Ord. No. 787-84]
Notwithstanding any of the requirements pertaining
to notice from the Housing Officer, where a violation of the code
or regulations hereunder is found to exist, where the violation or
condition existing on the premises is of such a nature as to constitute
an immediate threat to life or limb or to constitute any emergent
threat to public health, safety or welfare which requires that it
be abated without delay, no written notice shall be required from
the City of Passaic to be served on the person or persons responsible
for the violation or condition. In the event a violation or condition
of the character set forth in the preceding sentence arises, the Housing
Officer or his agent shall attempt to communicate verbally with the
person or persons responsible for the correction thereof in order
to apprise such person or persons of the nature of the condition or
violation. In the event the Housing Officer or his agent is unable
to apprise the person or persons responsible for the violation or
condition of such violation of condition after reasonable efforts,
the Housing Officer or his agent may abate the violation or condition
immediately and may thereafter file a complaint in Municipal Court
charging such person or persons with such violation or condition.
It shall not be a defense in a Municipal Court prosecution, where
the violation or condition existing on the premises is of such a nature
as to constitute an immediate threat to life or limb or an emergent
threat to the health, safety or welfare of the public, that a written
notice was not served on the defendant. For the purposes of this chapter,
the term "reasonable efforts" shall mean the placement of one or more
telephone calls and the transmission of a telegraphic message setting
forth the violation or violations and the abatement action taken to
the person or persons responsible for the violation of the condition,
whether or not the Housing Officer or his agent actually verbally
apprises the person or persons responsible for the violation or condition
with the nature of the violation.
[Added 10-4-1984 by Ord. No. 808-84]
In the event that the owner of a building which is the subject of an order pursuant to § 219-154 or § 219-155 fails to comply with said order for repair, alteration or improvement after notice and reasonable opportunity to do so and where such failure to comply results in the continuation of a condition harmful to the health, welfare or safety of the occupants of the building or to the general public, the Housing Officer may, by and with the approval of the City Council, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income from the property and expend this money for the purpose of making such repairs, alterations or improvements as are necessary to correct the harmful conditions. The rents and income so collected by the receiver shall also be available for the payment of such costs and expenses of the receivership, as may be adjudged by the Court, and for the payment to the City of any fines or penalties which may have been imposed on the owner for violations of this code and which have not been paid by the person therefor. The Court may proceed in the action in a summary manner or otherwise. The receiver shall not be required to give bond and shall be appointed only for the said purposes.
[Added 10-4-1984 by Ord. No. 808-84]
A.
Upon his appointment, the receiver, by and with the
approval of the governing body, in all cases where the real property
in question is encumbered by a first mortgage, shall appoint such
first mortgage if such mortgagee is a proper person and is willing
to accept such appointment as the receiver's agent to collect the
rents and income from such real property and manage the same; and
in all other cases, the receiver, by and with the approval of the
governing body, may designate the person in charge or management of
such real property or some other competent person as the receiver's
agent to collect the rents and income from such real property and
manage the same, which mortgagee or other person shall account promptly
to the receiver for the rents and income so collected; provided, however,
that if the mortgagee or other person so designated is derelict in
collecting or accounting for such rents and income or in the management
of such real property, the receiver shall apply to Court for the removal
of such designated mortgagee or other person, upon notice in writing
to him, and the Court upon removing such designated mortgagee or other
person, in its discretion, may designate another person to collect
the rents and income from such real property and manage the same and
account to the receiver for the rents and income of such real property
as aforesaid.
B.
Upon completion of the repairs, alterations or improvements
cited in the order subject to which the receiver was appointed and
upon payment therefor, the agent shall be discharged from his or her
appointment and the payment of rent or other income from the subject
property shall revert to the owner. Any balance of funds in the control
of the agent, after payment of all costs and fees, shall be paid to
the owner.
[Added 10-4-1984 by Ord. No. 808-84]
A.
In any recievership, no fees shall be allowed the
receiver or his counsel for action as receiver or counsel.
B.
The agent appointed to collect rents and income and
to manage the property and to see that the required repairs, alterations
or improvements are made may be paid a management fee as shall be
approved by the City Council at the time of appointment, and such
fee shall be paid from the proceeds of the rents and income.
[Added 10-4-1984 by Ord. No. 808-84]
Except as otherwise provided herein, the procedure
in respect to any such receivership shall be, as in the case of receiverships,
to secure the payment of delinquent taxes, penalties, costs, interest
and expenses, wherein a collector of taxes of a municipality is the
receiver. In any receivership proceeding under this section, the Court
shall have jurisdiction to make such orders and directions to the
receiver as may be necessary to effectuate the purpose of this section
and to conserve the real property during the pendency of the receivership.[1]
[1]
Editor's Note: Original Section 9.1, Penalties, amended 8-9-1984 by Ord. No. 795-84, and original Section 9.2, Meaning of "each violation," which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III). For current penalty provisions, see Ch. 1, Art. II.
