Council questions UCC enforcement, waived fees and dismissed cases; administration asks for written follow-ups

A lengthy March 4 discussion at the Newark Municipal Council examined enforcement and enforcement outcomes under the Unified Construction Code (UCC), municipal-court handling of code cases, and the volume of waived fees and fines associated with construction and code violations.

Kenyatta Store, corporation counsel, told the council a comprehensive report and presentation had been circulated. Department of Engineering staff — joined by UCC leaders and municipal-court representatives — outlined current enforcement processes, stop-work orders and efforts to improve follow-up inspections.

George Purdon, assistant construction official and fire subcode official, described UCC procedures for undocumented construction: inspectors issue violations and post stop-work orders; property owners are given compliance deadlines and must submit plans and permits; if an occupied conversion is found unsafe it can be vacated and occupants relocated at the owner’s cost. “If they do occupy the area conversion, the area where the work is being done will have to be vacated. It’ll be an unsafe structure,” Purdon said.

Municipal Court Director Jessica Cabaco clarified how the court treats fines: payment of a fine may be entered as a guilty plea or a resolution, which is distinct from dismissal. Data provided in the presentation — and cited during the discussion — showed fluctuating court outcomes: staff reported that in the initial 2022–2023 period they brought 90 cases, with a portion deposed or dismissed; later-year figures showed additional cases with differing disposition rates.

Council members repeatedly pressed staff on two interrelated issues: (1) the city’s ability to collect fines and abate violations when owners do not cure cited hazards and (2) fee-waiver practices tied to construction projects. Allison Ladd and UCC staff said fee waivers are recalculated as projects progress; the report cited roughly $1.6 million in waived fees in 2023 and $2.7 million in 2024 (about $3.7 million combined) on sample projects, figures the UCC described as preliminary estimates subject to final reconciliation when projects reach compliance.

Council members asked for better procedures and transparency. Councilman Gonzales sought the total number and dollar value of open violations; Councilwoman Scott Rountree urged more frequent re-inspections after court dispositions, particularly where residents reported ongoing hazards such as accumulated refuse or repeated fires at a single address. Council members requested a portal or tracking system so council offices and residents could monitor enforcement status in real time.

Business Administrator Eric Pennington and engineering leadership proposed a pragmatic next step: council members should compile written questions for the administration; the administration will respond and invite UCC, municipal court staff and, if appropriate, the New Jersey Department of Community Affairs (DCA) to a follow-up special conference. The council president instructed members to submit questions to the municipal clerk and said staff would return with detailed responses and additional documentation.

The discussion underscored council concern that current staffing levels and process gaps hamper follow-up inspections, delay abatement, and leave residents facing unresolved safety and habitability issues even after court action. City officials acknowledged staffing constraints and said they are recruiting inspectors and working to implement more systematic reinspections and record-sharing with other departments (for example, using water department ownership records to improve service and notice accuracy).