Town of Newton, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Newton 5-27-2009 by Ord. No. 2009-15. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 70.
Fire prevention — See Ch. 115.
Property maintenance — See Ch. 213.

§ 41-1 Municipal powers to rehabilitate abandoned property.

The Town of Newton 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 though -77). These state statutory powers are collectively referred to herein as the "enabling statutes."

§ 41-2 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 Town Council.

§ 41-3 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. 55:19-83.

§ 41-4 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 that the Public Officer include a property on the Abandoned Property List, pursuant to N.J.S.A. 55:19-105.

§ 41-5 Rights of owner of abandoned properties.

The owner of a property on the Abandoned Property List has such rights designated to said owner by the enabling statutes. Such powers include but are not limited to:
A. 
Challenging the inclusion of a property on the Abandoned Property List, pursuant to N.J.S.A. 55:19-55e;
B. 
Seeking removal from said list, pursuant to N.J.S.A. 55:19-57 and 55:19-103;
C. 
Petitioning for reinstatement of control and possession, pursuant to N.J.S.A. 55:19-92 et seq.;

§ 41-6 Municipal powers.

Town of Newton has such powers and rights regarding abandoned properties as set forth in the enabling statutes. Such powers include but are not limited to:
A. 
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
B. 
Special tax sales, pursuant to N.J.S.A. 55:19-101;
C. 
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
D. 
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;
E. 
Possession and control of property, pursuant to N.J.S.A. 55:19-84 to 55:19-92 et seq.;
F. 
Rehabilitation and reuse of property, while in possession and control, pursuant to N.J.S.A. 55:19-90;
G. 
Borrowing money and making applications for rehabilitation of property, while in possession and control, pursuant to N.J.S.A. 55:19-91;
H. 
Sale of property, pursuant to N.J.S.A. 55:19-96;
I. 
Purchase of property, pursuant to N.J.S.A. 55:19-96;
J. 
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A. 55:19-98;
K. 
Clearance, development, redevelopment or repair of property through power of eminent domain, pursuant to N.J.S.A. 55:19-56, 55:19-102.

§ 41-7 Rights of utilities.

Electric and natural gas utilities are granted such rights to abandoned properties as are set forth in N.J.S.A. 55:19-106.

§ 41-8 Interpretation.

All references in this chapter to state statutes include reference to all amendments thereto. References to particular sections of the enabling statutes 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 statutes or elsewhere in the New Jersey statutes.