[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park as indicated in article histories. Amendments noted where applicable.]
Unfit buildings — See Ch. 104.
Fire prevention — See Ch. 143.
Housing standards — See Ch. 159.
Public health nuisances — See Ch. 193.
Certificates of continuing occupancy — See Ch. 198.
Sanitary Code — See Ch. 315.
[Adopted 12-21-2010 by Ord. No. 1563.]
Editor’s Note: This ordinance also repealed former Ch. 226, Property Maintenance, adopted 3-15-1994 by Ord. No. 1187, as amended in its entirety 7-16-2002 by Ord. No. 1401.
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Palisades Park, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Palisades Park, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Palisades Park are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 236-2 of this article.
The following sections are hereby revised:
[Adopted 2-23-2016 by Ord. No. 2016-1]
As used in this article, the following terms shall have the meanings indicated:
- VACANT AND ABANDONED PROPERTY
- Any residential real estate that is vacant and has been abandoned by the mortgagor or tenant.
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 and, if located out of state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.
A public officer appointed pursuant to P.L. 1942, c. 112 (N.J.S.A. 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 this article by failing to provide for the care, maintenance, security and upkeep of the exterior of the 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. The issuance of a notice shall constitute proof that a property is "vacant and abandoned" for the purposes of P.L. 2012, c. 70 (N.J.S.A. 2A:50:73).
An out of state creditor shall be required to include the full name and contact information of the in-state representative or agent in the notice required to be provided.
A creditor found to be in violation of the requirement to correct a care, maintenance, security or upkeep violation cited in a notice issued pursuant to this article shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this section shall commence 31 days following receipt of the notice, 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.
A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the state shall, within 10 days of serving the summons and complaint, notify the Municipal Clerk of the Borough of Palisades Park that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations may contain information about more than one property, and shall be provided by mail or electronic communications, at the discretion of the Municipal Clerk. In the event that the creditor that has served a summons and complaint in an action to foreclose on a residential property is located out of state, the notice shall also contain the full name and contact information of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property if it becomes vacant and abandoned. The Municipal Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code. In the event that the property being foreclosed on is an affordable unit pursuant to the Fair Housing Act then the creditor shall identify that the property is subject to the Fair Housing Act. The notice shall also include the street address, lot and block number of the property and the full name and contact information of an individual located within the state who is authorized to accept service on behalf of the creditor. The notice shall be provided to the Municipal Clerk within 10 days of service of a summons and complaint in an action to foreclose on a mortgage against the subject property.
Any creditor that has initiated a foreclosure proceeding on any residential property which is pending in Superior Court shall provide to the Municipal Clerk of the Borough of Palisades Park a listing of all residential properties in the municipality for which the creditor has foreclosure actions pending by street address and lot and block number. The Municipal Clerk shall forward a copy of the notice to the public officer, or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code.
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state or local code, the local public officer, Municipal Clerk or other authorized municipal official shall notify the creditor or the representative or agent of an out-of-state creditor, as applicable, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or municipal ordinance. The municipality shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the municipality may impose penalties allowed for the violation of municipal ordinance pursuant to N.J.S.A. 40:49-5.
If the municipality expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of § 226-9, but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under Section 23 of P.L. 2003, c. 210 (N.J.S.A. 55:19-100).