[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 2-8-1983 by Ord. No. 2-83 (Ch. 99 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 153.
Fire prevention — See Ch. 186.
Flood damage prevention — See Ch. 189.
Littering — See Ch. 241.
Streets and sidewalks — See Ch. 361.
Zoning and land use — See Ch. 415.
This chapter shall be known as the "Property Maintenance Code of the Borough of Totowa" and may be referred to in the short form as the "Property Maintenance Code" or in this chapter as "this code."
It is hereby found and declared that there exist in the Borough structures and vacant lots which are or may become in the future substandard with respect to structural integrity, equipment or maintenance, and further that such conditions, including but not limited to structural deterioration, lack of maintenance of exterior premises and vacant lots, infestation, lack of maintenance or upkeep of essential facilities and utilities, existence of fire hazards and unsanitary conditions, constitute a menace to the health, safety, welfare, and reasonable comfort of the citizens and inhabitants of the Borough. It is further found and declared that by reason of lack of maintenance and ensuing progressive deterioration certain properties have the further effect of creating blighting conditions and that, by reason of timely regulations and restrictions, as herein contained, the growth of this blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of dwellings and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance and condition of the exterior of residential and nonresidential premises; to avoid, prevent and eliminate the maintenance of or creation of hazards to the public health or safety; to avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties; to prevent the creation, continuation, extension or aggravation of blight; to fix certain responsibilities and duties upon owners, operators and occupants of property; and to provide for administration and enforcement of this chapter.
Every residential and nonresidential structure and the premises on which they are situated in the Borough used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this code, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this code.
In any case where the provisions of this code impose a higher standard than that set forth in any ordinance of the Borough or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail; but if the provisions of this code impose a lower standard than any ordinance of the Borough or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, be defined as follows:
DETERIORATION
The condition of a structure or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
ENFORCEMENT OFFICER
Except as defined in § 295-10A, the Construction Official or his authorized representative.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent properties, including all outside surfaces and appurtenances thereto, and the open space on the premises outside any building or structure erected thereon.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
FIRE HAZARD
Any thing or any act which increases or may cause any increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire or which may obstruct, delay or hinder or may become the cause of an obstruction, delay, hazard or hindrance to the prevention, suppression or extinguishment of fire.
GARBAGE
Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INVASIVE PLANTS
All native and nonnative vines and vegetation that grow beyond the boundaries of the property lines and are competitive, persistent and pernicious. These plants may damage trees, vegetation or structures. Examples include but are not limited to bamboo (spreading or running type), ragweed, multiflora rose, kudzu-vine and poison ivy or oak.
[Added 6-23-2015 by Ord. No. 13-2015]
NUISANCE
Any public or private condition that would constitute a "nuisance" according to the statutes, laws and regulations of the State of New Jersey, any of its agencies or this code; any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the health or safety of persons on, near or passing in proximity of the premises where said condition exists.
OCCUPANT
Any occupant, owner, agent, tenant, lessee, caretaker or other person or corporation in charge of, residing, living or sleeping in or on the premises of or having actual possession or use of a business, dwelling unit or rooming unit or other premises affected by this chapter.
OPERATOR
Any person, persons or entity not the owner, who has charge, care or control of a structure or a part thereof, with or without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or as fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this section and shall have responsibility over that portion of the premises so sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, including the buildings, structures and improvements thereon.
RUBBISH
All combustible and noncombustible waste materials other than garbage; and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and the residue from burning wood, coal, coke or other combustible material and solid commercial and industrial waste. No chemicals such as those used in swimming pools, oil, gasoline or any other chemical which could cause a fire, explosion or obnoxious gas shall be considered "rubbish."
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder, nor may any such person or entity assert as a defense against any charge made under this chapter that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
A. 
Exterior of premises. The exterior of all premises shall be kept free from hazards, which include but are not limited to the following:
(1) 
Garbage and rubbish, as defined in this chapter. Garbage containers will be permitted adjacent to the roadway during the hours set forth in § 341-31. Containers used for the storage of garbage and rubbish shall be limited to 50 pounds, including contents and container. Only garbage and rubbish resulting from the actual use of the premises may be permitted on the premises. This section shall be enforced by police officers as well as the officers defined in § 295-7.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Unsafe structures: structurally unsafe or unsound buildings, structures or fences or abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
(3) 
Discarded appliances: abandoned refrigerators, boilers, hot-water heaters, television sets and other similar major appliances.
(4) 
Natural growth; lawns and shrubs.
[Amended 7-25-2000 by Ord. No. 06-2000]
(a) 
Natural growth. Dead and dying trees and limbs or other natural growth which by reason of rotting or deteriorating condition or storm damage constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such condition.
(b) 
Lawns and shrubs. All lawns shall be maintained. Grass shall be cut so as not to exceed a height of seven inches tall. All hedges and shrubs shall be trimmed to a neat appearance.
(5) 
Overhangings: loose and overhanging objects, whether natural or man-made, and accumulations of ice and snow which by reason of location above ground level constitute a threat to the health and safety of people if caused to fall.
(6) 
Ground surface hazards: hidden or uncovered ground or surface hazards, such as holes, sudden depressions, excavations, sharp or jagged projections or obstructions.
(7) 
Recurring accumulations of stormwater: stagnant surface or groundwater accumulations which create or are likely to create mosquito or other insect breeding areas.
(8) 
Infestation: rodents, vermin, pest infestations and conditions causing same.
(9) 
Nuisances: as defined in this chapter.
(10) 
Inoperable vehicles: vehicles or parts thereof, including boats and trailers, motorized or not, regardless of whether licensed or registered, which vehicles or parts thereof are or have been abandoned, dismantled or are in a state of visible disrepair.
B. 
Structural soundness. Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including but not limited to the following:
(1) 
Foundation walls: inadequate or unsafe foundation walls, piers and columns and other similarly unsound, damaged or defective load-bearing components which are incapable of supporting the imposed loads safely at all points.
(2) 
Exterior porches, landings, balconies, stairs and fire escapes: structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs and loose, crumbling or falling bricks, stones, mortar or plaster.
(3) 
Projecting surfaces: exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.
(4) 
Windows, doors, etc. broken glass or windows, rotten, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other junior exterior component parts of buildings or structures.
(5) 
Exterior walls, sidings and roofs. Exterior walls, sidings, gutters and leaders and roofs shall be kept structurally sound, in good repair and free from defects.
(6) 
Exterior chimneys. Exterior chimneys shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed.
C. 
Steps, walks, driveways and parking lots. Steps, walks, driveways, parking lots, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, or necessary repairs or replacement shall be performed promptly.
D. 
Invasive plants. All persons must control the growth of invasive plants. Failure to control the spread of such vegetation beyond the boundaries of a resident's property lines is a violation of this chapter. Each owner shall be required to take such measures as are reasonably expected to prevent such plants from invading or growing onto adjoining or neighboring properties. Such measure shall include, but not be limited to, installation of sheathing impenetrable by plants at a sufficient depth, which shall be a depth of a minimum of three feet, within the property line or lines where invasive plants are growing to prevent the growth or encroachment upon adjoining or neighboring property by the invasive plants.
[Added 6-23-2015 by Ord. No. 13-2015]
A. 
Enforcement officer. It shall be the duty and responsibility of the Construction Official of the Borough to enforce the provisions of this code as herein provided. "Construction Official" throughout this chapter shall also mean subordinates of the Construction Official and all enforcement officers defined in § 295-7.
B. 
Coordination of enforcement. Inspection of premises and the issuing of orders in connection therewith under the provisions of this code shall be the exclusive responsibility of the Building Department of the Borough. Wherever in the opinion of the Construction Official it is necessary or desirable to have inspections of any condition by any other department, he shall arrange for this to be done. No order for correction of any violation under this code shall be issued without the approval of the Construction Official, and it shall be the responsibility of that official before issuing any such order to determine that it has the concurrence of any other department or official of the government concerned with any matter involved on the case in question.
C. 
Inspections. The enforcement officer is authorized to enter upon any land at any reasonable time for the purpose of performing his duty under this code.
D. 
Enforcement procedure. Whenever an enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violation to the person, persons or entities responsible therefor under this section. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be property and sufficiently served if a copy thereof is sent by regular mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax records of the municipality, or a copy thereof handed to said person or persons, or a copy thereof left at the usual place of abode or office of said persons or entities. Notice shall be given as aforesaid within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted within 30 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The enforcement officer may extend the period for compliance with the requirements of this section in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period; and in such cases, the enforcement officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 30 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified. Any extension beyond 60 days must be approved by the Mayor and Council.
E. 
Emergency conditions.
[Amended 7-24-2012 by Ord. No. 07-2012]
(1) 
Whenever the Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may, without a hearing, issue an order reciting the existence of such a hazardous or serious violation or emergency and requiring that such action be taken as he deems necessary to meet the emergency or to remedy the hazardous or serious violation. Notwithstanding the other provisions of this chapter, such order shall be effective immediately, but upon petition to the Enforcement Officer shall be afforded a hearing as soon as possible. After such hearing and decision by the Enforcement Officer, depending upon his findings as to whether or not the provisions of this chapter have been complied with, the Officer shall continue such order in effect, or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.
(2) 
In the event that the owner of the premises fails to correct said emergency condition within the period set forth in such order, the order may provide for the Borough of Totowa to take such action as deemed necessary to remedy said emergency condition, and the cost of said remedy, together with any other charges incurred, shall be a principal lien against the real property upon which said costs and charges were incurred.
[Amended 4-9-2002 by Ord. No. 06-2002; 10-10-2006 by Ord. No. 13-2006; 4-8-2008 by Ord. No. 04-2008]
Any person or entity who shall violate any of the provisions of this chapter shall, upon conviction, be punished as follows:
A. 
For the first offense, by a fine not to exceed $500.
B. 
For a second offense, by a fine not to exceed $1,000.
C. 
For a third offense or any subsequent offenses, by a fine not to exceed $1,500.
D. 
Invasive plants.
[Added 6-23-2015 by Ord. No. 13-2015]
(1) 
Whenever an invasive plant, as defined in this chapter, is found on any plot of land, lot or any other premises or place, a violation shall be given to the owner, in writing, to remove or abate the same within such time as shall be determined by the enforcing officer.
(2) 
The cost of abatement shall be borne by the property owner.
(3) 
If the owner fails to comply within the time specified therein, the enforcing official may remove or otherwise control the invasive plant species and the Borough may thereafter recover the cost of such removal from the property owner and place a lien on the property to recover the cost of the invasive plant.
[Added 8-22-2017 by Ord. No. 10-2017]
A. 
Upon failure of the violator to remove said violation after conviction or terms of conviction, the Code Enforcement Officer shall serve notice of the Borough of Totowa's intent to enter upon the property to remove and/or abate said violation. Notice shall be sent to the violator via certified and regular mail and shall be hand delivered by a police officer 10 days prior to the proposed removal.
B. 
The Code Enforcement Officer shall keep a detailed record of all costs incurred and when the Borough has affected the removal and/or the disposal of said violation, the Code Enforcement Officer shall submit the costs to the Borough Clerk for review by the governing body. The governing body shall examine same and upon confirmation, forward it to the Borough of Totowa Tax Collector to place as a municipal lien upon the property. Such amount shall bear interest at the same rate as taxes and collected in the same manner as taxes.
[Added 2-27-2018 by Ord. No. 04-2018]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., "abandoned property" shall mean the following:
(1) 
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A. 55:19-83), any property that is not legally occupied and which meets any one of the following criteria may be deemed to be abandoned property upon a determination by the Public Official:
(a) 
The property is in need of rehabilitation in the reasonable judgement of the Construction Official, and no material rehabilitation has taken place during the six-month period;
(b) 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupation, and no material construction has taken place for at least six consecutive months as of the date of a determination by the Public Official pursuant to this section;
(c) 
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 Statues (see N.J.S.A. 54-4-1 et seq.) as of the date of a determination by the Public Official pursuant to this section; or
(d) 
The property has been determined to be a nuisance by the Public Official in accordance with Section 5 of P.I. 2003, c. 210 (N.J.S.A. 55:19-82).
(2) 
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.I. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space is legally occupied at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either Subsection (1)(a) or Subsection (1)(d) of this definition.
EVIDENCE OF VACANCY
(1) 
Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant. Such evidence would include, but is not limited to, evidence of the existence of two or more of the following conditions at a property: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past-due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; statements by neighbors, delivery agents, or government employees that the property is vacant or abandoned; infestation by insects, vermin, rats or other pests; windows or entrances that are boarded up or closed off; multiple window panes that are damaged, broken or unrepaired; doors that are smashed, broken, unhinged or continuously unlocked; or any uncorrected violations of a municipal building, housing or similar code during the previous year.
(2) 
Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant property for the purpose of this section.
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 subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008 c. 127 S17) a debtor in possession or any other entity determined by the Borough of Totowa to act with respect to the property.
VACANT PROPERTY
Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased for a period of at least three months, and any commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three months, and which exhibits evidence of vacancy such that a reasonable person would believe that the property is vacant. Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of municipal ordinance within such time and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
B. 
General requirements.
(1) 
The owner of any vacant property as defined herein shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, shall file a registration statement for each such vacant property within the Borough of Totowa on forms provided by the Borough of Totowa for such purposes. 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 E(4) of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
(2) 
The owner shall notify the Borough of Totowa within 30 days of any change in the registration information by filling an amended registration statement on a form provide by the Borough of Totowa for such purpose.
(3) 
The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough of Totowa against the owner or owners of the building.
C. 
Registration statement requirements; property inspection.
(1) 
After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Borough of Totowa Code Enforcement Officer if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is requested of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a continued certificate of occupancy inspection as provided in the applicable provisions of the Code of the Borough of Totowa.
(2) 
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. The designated agent must have a contact number that will be available 24 hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent.
(3) 
An owner is a natural person who meets the requirements of this section as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent.
(4) 
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 or 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 purpose of this section until the owner notifies the Borough of Totowa of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement under this section.
(5) 
The registration shall remain valid for 12 months from the date of registration. The owner shall be required the registration every 12 months as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed herein for each vacant property registered.
D. 
Fee schedule. The initial registration fee for each building shall be $500. The fee for the first renewal is $1,500. The fee for any subsequent renewal is $5,000. Initial fee according to the month of registration or reregistration and renewal fees shall be every 12 months thereafter.
Vacant and Abandoned Property Registration Fee Schedule
Registration
Fee
Initial registration
$500
First renewal
$1,500
Any subsequent renewal
$5,000
E. 
Requirements for owners of vacant and abandoned property. The owner of any building that has become vacant and abandoned property, and any person maintaining, operating or collecting rent for any such building that has become vacant, shall, immediately:
(1) 
Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to Subsection C of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest pubic street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and
(2) 
Enclose and secure the building against unauthorized entry as provided in the provisions of the Code of the Borough of Totowa and maintain the sign required in Subsection E(1) above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
(3) 
Make provision for the maintenance of the lawn and yard, including regular grass cutting as required by the applicable provisions of the Code of the Borough of Totowa; and
(4) 
Make provision for the cessation of the delivery of the mail, newspapers and circulars to the property listed on the exclusion list maintained by the Borough of Totowa for the delivery of circulars and advertisements to the property; and
(5) 
Make provision for the winterizing of the property by the cessation of water service to the property and the draining of water lines; other than buildings with a fire sprinkler system; and
(6) 
Make provision for the cessation of electric or gas utility services to the property, other than buildings with a sprinkler system; and
(7) 
Make provision for the regular maintenance of the exterior of the property.
F. 
Violations and penalties.
(1) 
Any owner who is not in full compliance with this section or who otherwise violates any provision under this subsection or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500. And not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
(2) 
For 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 Subsection E of this section, or such other matters as may be established by the rules and regulations of the Borough of Totowa shall be deemed in violation of this section.
G. 
Compliance with other provisions. Nothing in this section is intended to nor shall it be read to conflict or prevent the Borough of Totowa from taking action against buildings found to be unfit for human habitation or unsafe structures as provided in applicable provisions of the code of the Borough of Totowa and/or the Uniform Construction Code. Further, any action taken under any such code provision other than the demolition of a structure shall not relieve an owner from its obligations under this section.
H. 
Responsibilities of creditors, violations and fines.
(1) 
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to Chapter 111, Property Maintenance, Chapter 67, Buildings or Structures, Repair or Demolition of, N.J.S.A. 2A:50-73, or otherwise,
(2) 
If the creditor is located out-of-state, the creditor shall be responsible for the appointing of an in-state representative or agent to act for the foreclosing creditor;
(3) 
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the municipal clerk pursuant to N.J.S.A. 46:10B-51(a)(1).
(4) 
An out-of-state creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation of any provision of this section shall be subject to a fine of $2,500. For each day of the violation, commencing on the day after the ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose has been served.
(5) 
A public officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq., or any enforcement officer described in this chapter, shall be authorized to issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or enforcement determines that the creditor has violated this chapter by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or with 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute proof that a property is "vacant or abandoned" for purposes of N.J.S.A. 2A:50-73.
(6) 
A creditor found by the municipal court, or any other court of competent maintenance, security, or upkeep violation cited in a notice issued pursuant to Subsection H(1) shall be subject to a fine of $1,500. For each day of the violation commencing 31 days following receipt of the notice, except if the violation presents imminent risk to the public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
I. 
Municipal powers to rehabilitate abandoned property. The Borough of Totowa hereby grants to itself all such powers granted to municipalities by the State of New Jersey for the rehabilitation of abandoned property. Such powers are set forth, inter alia, in the Abandoned Properties Rehabilitation Act (N.J.S.A. 55-19-78 et seq.) and in applicable portions of the New Jersey Urban Development Corporation Act (N.J.S.A. 55:19-1 through 77). These state statutory powers are collectively referred to herein as the "enabling statues."
J. 
Public officer. The Public Officer as defined in N.J.S.A. 55:19-80, who is responsible for executing the provisions of this chapter for the rehabilitation of abandoned property, shall be designated by resolution of the Borough Council.
K. 
Abandoned property. The Public Officer shall designate a property as an "abandoned property" if said property meets the criteria set forth in N.J.S.A. 55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance property criteria). The Public Officer's designation is limited by the provisions of N.J.S.A. 55:29-83.
L. 
Abandoned property list. The Public Officer shall establish an Abandoned Property List pursuant to N.J.S.A. 55:19-55. An interested party (as that term is defined in N.J.S.A. 55:19-105a) may request the Public Officer include a property on the Abandoned Property List pursuant to N.J.S.A. 55:19-105.
M. 
Municipal powers. Borough of Totowa has such powers and rights regarding abandoned properties as set forth in the enabling statues. Such powers include but are not limited to:
(1) 
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
(2) 
Special tax sales, pursuant to N.J.S.A. 55:19-101;
(3) 
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
(4) 
Recourse directly against a property owner, pursuant to N.J.S.A. 55:19-100;
(5) 
Possession and control of property, pursuant to N.J.S.A. 55:19-84 to 55:19-92 et seq.;
(6) 
Rehabilitation and reuse of property while in possession and control, pursuant to N.J.S.A. 55:19 — 90;
(7) 
Borrowing money and making application for rehabilitation of property, while in possession and control, pursuant to N.J.S.A. 55:19-91;
(8) 
Sale of property, pursuant to N.J.S.A. 55:19-96;
(9) 
Purchase of property, pursuant to N.J.S.A. 55:19-96;
(10) 
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A. 55:19-98;
(11) 
Clearance, development, redevelopment or repair of property through power over imminent domain, pursuant to N.J.S.A. 55:19-56, N.J.S.A. 55:19-102.
N. 
Effect on other laws. Nothing in this section is intended to or shall be read to conflict or prevent the Borough from taking action against buildings found to be unfit for human habitation or unsafe structures, as provide in applicable provisions of the Code of the Borough of Totowa, or imposing a lien for costs on any property to the full extent permitted by law.
O. 
Interpretation. All references in this section to state statutes include reference to all amendments thereto. References to particular sections of the enabling statues are for ease of reference, but may not be exhaustive and are not meant to be exclusive of other applicable statutory provisions contained in the enabling statues or elsewhere in the New Jersey statutes.
P. 
Repealer. All ordinances or parts of ordinances of the Borough of Totowa inconsistent herewith are repealed to the extent of such inconsistency.
Q. 
Severability. If any section, subsection, clause or phrase of this section is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the remaining portion of this section.
R. 
When effective. This section shall take effect immediately upon final passage, approval and publication as required by law.
In any case where a provision of this chapter is found to be in conflict with or inconsistent with a provision of any other ordinance which establishes a lower standard for the promotion and protection of the safety, health and welfare of its inhabitants, the provisions of this chapter shall prevail, and such other ordinance or parts thereof are hereby declared to be repealed to the extent that they may be so found to be in conflict with this chapter.