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City of Paterson, NJ General Legislation on Buildings, Dangerous and Unfit

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ABANDONED, VACANT AND FORECLOSED PROPERTY IN THE CITY OF PATERSON

Legislation exists to address the challenges posed by abandoned, vacant and foreclosed properties to communities throughout Paterson, NJ.

ABANDONED PROPERTY

A. 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 an 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 six months as of the date of determination by the public officer pursuant to this section;

(3) At least one installment of property taxes remains unpaid and delinquent on that property in accordance with N.J.S.A. 54:4-1 et seq., as of the date of determination of 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 for one or more of the following reasons:

(a) The property has been found to be unfit for human habitation, occupancy or use pursuant to N.J.S.A. 40:48-2.3.

(b) The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties.

(c) The property is subject to unauthorized entry leading to potential health and safety hazards; the owner has failed to take reasonable and necessary measures to secure the property; or the City has secured the property in order to prevent such hazards after the owner has failed to do so;

(d) The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or grounds have created potential health and safety hazards and the owner has failed to take reasonable and necessary measures to remove the hazards; or

(e) The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.

B. Exceptions.

(1) A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq., so long as 2/3 or more of the total net square footage of the buildings was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer.

(2) A property used on a seasonal basis shall be abandoned only if it meets any two of the additional criteria set forth in N.J.S.A. 55:19-81.

VACANT BUILDINGS

Vacant Building Defined

Vacant Building – 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:

(a) overgrown or neglected vegetation;

(b) the accumulation of newspapers, circulars, flyers, or mail on the property;

(c) disconnected gas, electric, or water utility services to the property;

(d) the accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

(e) the accumulation of junk, litter, trash, or debris on the property;

(f) the absence of window treatments such as blinds, curtains, or shutters;

(g) the absence of furnishings and personal items;

(h) statements of neighbors, delivery persons, or government employees indicating that the property is vacant or abandoned;

(i) windows or entrances to the property that are boarded up or closed off, or multiple windowpanes that are damaged, broken, and unrepaired;

(j) doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

(k) 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;

(l) 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;

(m) 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;

(n) a written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or

(o) any other reasonable indicia of vacancy or abandonment.

Registration of Vacant Buildings

A. The owner of any vacant building, as defined herein, shall, within thirty (30) days after the property becomes a vacant building or within thirty (30) days after assuming ownership of the vacant building, or within ten (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.

E. The registration shall include the information required under Subsection I of this section, the insurance certificate required under §271-49B, as well as any additional information the Director of Economic Development or his/her designee may reasonably require.

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 ten (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 two thousand dollars ($2,000.00) annually.

***Vacant Building Registration Statements are due on January 15th of each year.***

FORECLOSED PROPERTY

Registration of Foreclosing Properties

Creditor Defined

A. “Creditor” means 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.

Filing a Summons and Complaint in an Action to Foreclose

B. Any creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the municipality pursuant to section 17 of P.L.2008, c.127 (C.46:10B-51) or section 2 of P.L.2021, c.444 (C.40:48-2.12s2), must register the residential or commercial property with the municipality’s property registration program as a property in foreclosure within seven days of the initiation of the foreclosure process.  and, as part of that registration: (a) provide the municipality with the information regarding the creditor required by paragraph (1) of subsection a. of section 17 of P.L.2008, c.127 (C.46:10B-51) or paragraph (1) of subsection a. of section 2 of P.L.2021, c.444 (C.40:48-2.12s2); (b) identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and (c) identify whether the property is vacant or abandoned in accordance with the definition in the ordinance required by paragraph (H) of this subsection.

Changes in Registration Information

C. If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register pursuant to the property registration program following the filing of the summons and complaint, the creditor shall update the property registration within 10 days of the change in that information on a form provided by the City.

When Registered Property Becomes Vacant or Abandoned

D. The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant or abandoned in accordance with the definition in the City of Paterson’s Ordinance §271-47, et. seq. after the property is initially registered with the municipality, update the property registration with the municipality to reflect the change in the property’s status.

Out-of-State Creditors

E. A creditor located out-of-State shall be responsible for appointing an in-State representative or agent to act for the foreclosing creditor.

F. A creditor, filing a summons and complaint in an action to foreclose on a property, that is or becomes vacant or abandoned, is required to adhere to all City of Paterson Ordinances including but not limited to §247-48, et. seq. The creditor shall have a continuing duty to notify the City of any changes to information contained in the registration.

Vacant or Abandoned

G. A property shall be considered vacant or abandoned if...(please follow link)

Foreclosed Property Registration Fees

H. All property registrations are valid for one year from the date of registration. The initial registration fee is $500 and must accompany the registration form as supplied by the City of Paterson. Subsequent annual registrations fees are $500. Registration fees and renewal fees will not be prorated or refunded.

Vacant, Sold or Transferred Property

I. Once the property is no longer vacant or is sold or otherwise transferred, the owner must provide proof of sale, transfer, or occupancy to the enforcement authority within 30 days of sale, transfer or occupancy.

Care, Maintenance, Security & Upkeep

J. The governing body shall authorize a public officer, designated or appointed pursuant to P.L.1942, c.112 (C.40:48-2.3 et seq.), or any other local official responsible for administration of any property maintenance or public nuisance code to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor has violated the ordinance. In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant or abandoned property, such notice shall require the person or entity to correct the violation within 30 days of 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.

Failure to Appoint an In-State Representative & Other Violations

K. Violations

a. An out-of-State creditor subject to an ordinance adopted pursuant to subsection a. of this section found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to the ordinance shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-State representative or agent shall commence on the day after the 10-day period set forth in paragraph (1) of subsection a. of section 17 of P.L.2008, c.127 (C.46:10B-51) or paragraph (1) of subsection a. of section 2 of P.L.2021, c.444 (C.40:48-2.12s2) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.

 b. A creditor subject to this ordinance found by the municipal court of the municipality in which the property subject to the ordinance is located, or by any other court of competent jurisdiction, to be in violation, excluding only a violation addressed by paragraph (1) of this subsection, of the ordinance shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.

***Property Foreclosure Registration Statements are due on January 15th of each year.***