A.
Abandoned properties create a wide range of problems
for the City of Hackensack, fostering criminal activity, creating
public health problems and otherwise diminishing the quality of life
for residents and business operators in those areas.
B.
Abandoned properties diminish the property values
of neighboring properties and have a negative effect on the quality
of life of adjacent property owners, increasing the risk of property
damage through arson and vandalism and discouraging neighborhood stability
and revitalization.
C.
For these reasons, abandoned properties are presumptively
considered to be nuisances, in view of their negative effects on nearby
properties and the residents or users of those properties.
D.
The continued presence of abandoned properties in
the City of Hackensack acts as a significant barrier to the City's
continue progressive development and revitalization.
E.
The responsibility of a property owner to maintain
a property in sound condition and prevent it from becoming a nuisance
to others extends to properties which are not in use and "demolition
by neglect," leading to the deterioration and loss of the property,
or failure by an owner to comply with legitimate orders to demolish,
stabilize or otherwise repair his or her property creates a presumption
that the owner has abandoned the property.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-79.
As used in this chapter, the following terms
shall have the meanings indicated:
The New Jersey Department of Community Affairs.
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
The holder or holders of title to an abandoned property.
Any building or structure and the land appurtenant thereto.
The person designated by the City of Hackensack pursuant
to Section 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5) or any officer
of the City of Hackensack qualified to carry out the responsibilities
set forth in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) and designated
by the Mayor and Council of Hackensack.
An entity organized or authorized to do business under the
New Jersey statutes, which shall have as one of its purposes the construction
or rehabilitation of residential or nonresidential buildings, the
provision of affordable housing, the restoration of abandoned property,
the revitalization and improvement of urban neighborhoods, or similar
purpose, and which shall be well qualified by virtue of its staff,
professional consultants, financial resources, and prior activities
set forth in P.L. 2003, c. 10 (N.J.S.A. 55:19-78 et al.) to carry
out the rehabilitation of vacant buildings in urban area.
A.
Except as provided in Section 6 of P.L. 2003, c. 210
(N.J.S.A. 55:19-83), 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 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 a determination by the public officer pursuant
to this section;
(3)
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 Statutes as of the date of a determination by 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 Section 5 of P.L. 2003, c.
210 (N.J.S.A. 55:19-82).
B.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) 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 has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A(1) or A(4) of this section.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-81.
A.
A property may be determined to be a nuisance if:
(1)
The property has been found to be unfit for human
habitation, occupancy or use pursuant to Section 1 of P.L. 1942, c.
112 (N.J.S.A. 40:48-2.3);
(2)
The condition and vacancy of the property materially
increases the risk of fire to the property and adjacent properties;
(3)
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
of Hackensack has secured the property in order to prevent such hazards
after the owner has failed to do so;
(4)
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
(5)
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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-82.
A.
If an entity other than the City of Hackensack has
purchased or taken assignment from the City of a tax sale certificate
on a property that has not been legally occupied for a period of six
months, that property shall not be placed on the abandoned property
list pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55)
if: 1) the owner of the certificate has continued to pay all City
of Hackensack taxes and liens on the property in the tax year when
due; and 2) the owner of the certificate takes action to initiate
foreclosure proceedings within six months after the property is eligible
for foreclosure pursuant to either subsection a. or subsection b.
of N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure
proceedings in a timely fashion thereafter.
B.
A property which is used on a seasonal basis shall
be deemed to be abandoned only if the property meets any two of the
additional criteria set forth in Section 4 of P.L. 2003, c. 210 (N.J.S.A.
55:19-81).
C.
A determination that a property is abandoned property
under the provisions of P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.)
shall not constitute a finding that the use of the property has been
abandoned for purposes of municipal zoning or land use regulation.
D.
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to Subsection B of N.J.S.A. 54:5-86, the public officer or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of abandoned according to the criteria set forth in Sections 4 and 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-83.
A.
A summary action or otherwise to transfer possession
and control of abandoned property in need of rehabilitation to the
City of Hackensack may be brought by the City of Hackensack in the
Superior Court in the county in which the property is situated. If
the court shall find that the property is abandoned pursuant to Section
4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81) and the owner or party
in interest has failed to submit and initiate a rehabilitation plan,
then the court may authorize the City of Hackensack to take possession
and control of the property and develop a rehabilitation plan.
B.
The City of Hackensack granted possession and control
may commence and maintain those further proceedings for the conservation,
protection or disposal of the property or any part thereof that are
required to rehabilitate the property, necessary to recoup the cost
and expenses of rehabilitation and for the sale of the property; provided,
however, that the court shall not direct the sale of the property
if the owner applies to the court for reinstatement of control of
the property as provided in Section 15 of P.L. 2003, c. 210 (N.J.S.A.
55:19-92).
C.
Failure by the owner, mortgage holder or lienholder
to submit plans for rehabilitation to the City of Hackensack, obtain
appropriate construction permits for rehabilitation or, in the alternative,
submit formal applications for funding the cost of rehabilitation
to local, state or federal agencies providing such funding within
that six-month period shall be deemed prima facie evidence that the
owner has failed to take any action to further the rehabilitation
of the property.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-84.
A complaint filed pursuant to Section 7 of P.L.
2003, c. 210 (N.J.S.A. 55:19-84) shall include:
A.
Documentation that the property is on the municipal
abandoned property list or a certification by the public officer that
the property is abandoned; and
B.
A statement by an individual holding appropriate professional
qualifications that there are sound reasons that the building should
be rehabilitated rather than demolished based upon the physical, aesthetic
or historical character of the building or the relationship of the
building to other buildings and lands within its immediate vicinity.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-85.
A.
Within 10 days of filing a complaint pursuant to P.L.
2003, c. 210 (N.J.S.A. 55:19-78 et al.), the plaintiff shall file
a notice of lis pendens with the county recording officer of the county
within which the building is located.
B.
At least 30 days before filing the complaint, the
City of Hackensack shall serve a notice of intention to take possession
of an abandoned building. The notice shall inform the owner and interested
parties that the property has not been legally occupied for six months
and of those criteria that led to a determination of abandonment pursuant
to Section 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
(1)
The notice shall provide that unless the owner or
a party in interest prepares and submits a rehabilitation plan to
the appropriate City of Hackensack officials, the City of Hackensack
will seek to gain possession of the building to rehabilitate the property
and the associated cost shall be a lien against the property, which
may be satisfied by the sale of the property, unless the owner applies
to the court for reinstatement of control of the property as provided
in Section 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
(2)
After the complaint is filed, the complaint shall
be served on the parties in interest in accordance with the New Jersey
Rules of Court.
C.
After serving the notice of intent pursuant to Subsection B of this section, the City of Hackensack or its designee may enter upon that property after written notice to the owner by certified mail, return receipt requested, in order to secure, stabilize or repair the property, or in order to inspect the property for purposes of preparing the plan to be submitted to the court pursuant to Section 12 of P.L. 2003, c. 210 (N.J.S.A. 55:19-89).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-86.
A.
Any owner may defend against a complaint filed pursuant
to Section 7 of P.L. 2003, c. 210 (N.J.S.A. 55:19-84) by submitting
a plan for the rehabilitation and reuse of the property which is the
subject of the complaint and by posting a bond equal to 125% of the
amount determined by the public officer or the court to be the projected
cost of rehabilitation. Any plan submitted by an owner to defend against
a complaint shall be submitted within 60 days after the complaint
has been filed, unless the court provides the owner with an extension
of time for good cause shown.
B.
A plan submitted by an owner pursuant to this section
shall include, but not be limited to:
(1)
A detailed financial feasibility analysis, including
documentation of the economic feasibility of the proposed reuse, including
operating budgets or resale prices, or both, as appropriate;
(2)
A budget for the rehabilitation of the property, including
sources and uses of funds, based on the terms and conditions of realistically
available financing, including grants and loans;
(3)
A timetable for the completion of rehabilitation and
reuse of the property, including milestones for performance of major
steps leading to and encompassing the rehabilitation and reuse of
the property; and
(4)
Documentation of the qualifications of the individuals
and firms that will be engaged to carry out the planning, design,
financial packaging, construction, and marketing or rental of the
property.
C.
Court approval.
(1)
The court shall approve any plan that, in the judgment
of the court, is realistic and likely to result in the expeditious
rehabilitation and reuse of the property which is the subject of the
complaint.
(2)
If the court approves the owner's plan, then it may
appoint the public officer to act as monitor of the owner's compliance.
If the owner fails to carry out any step in the approved plan, then
the City of Hackensack may apply to the court to have the owner's
bond forfeited, possession of the building transferred to the City
of Hackensack to complete the rehabilitation plan and authorization
to use the bond proceeds for rehabilitation of the property.
(3)
The owner shall provide quarterly reports to the City
of Hackensack on its activities and progress toward rehabilitation
and reuse of the property. The owner shall provide those reports to
the court on its activities that the court determines are necessary.
D.
The court may reject a plan and bond if it finds that
the plan does not represent a realistic and expeditious means of ensuring
the rehabilitation of the property or that the owner or his representatives
or agents, or both, lack the qualifications, background or other criteria
necessary to ensure that the plan will be carried out successfully.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-87.
A.
If an owner is unsuccessful in defending against a
complaint filed pursuant to Section 7 of P.L. 2003, c. 210 (N.J.S.A.
55:19-84), the mortgage holder or lienholder may seek to be designated
in possession of the property by submitting a plan and posting a bond
meeting the same conditions as set forth in Section 10 of P.L. 2003,
c. 210 (N.J.S.A. 55:19-87). The plan shall be submitted within 60
days after the court has rejected the owner's plan, unless the court
provides the mortgage holder or lienholder with an extension of time
for good cause shown. If the court approves any such mortgage holder's
or lienholder's plan, it shall designate that party to be in possession
of the property for purposes of ensuring its rehabilitation and reuse
and may appoint the public officer to act as monitor of the party's
compliance.
(1)
The mortgage holder or lienholder, as the case may
be, shall provide quarterly reports to the court and the City of Hackensack
on its activities and progress toward rehabilitation and reuse of
the property.
(2)
If the mortgage holder or lienholder fails to carry
out any material step in the approved plan, then the public officer
shall notify the court, which may order the bond forfeit, grant the
City of Hackensack possession of the property, and authorize the City
of Hackensack to use the proceeds of the bond for rehabilitation of
the property.
B.
Any sums incurred or advanced for the purpose of rehabilitating the property by a mortgage holder or lienholder granted possession of a property pursuant to Subsection A of this section, including court costs and reasonable attorney's fees, may be added to the unpaid balance due that mortgage holder or lienholder, with interest calculated at the same rate set forth in the note or security agreement or, in the case of a tax lienholder, at the statutory interest rate for subsequent liens.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-88.
A.
If no mortgage holder or lienholder meets the conditions
of Section 11 of P.L. 2003, c. 210 (N.J.S.A. 55:19-88), then the City
of Hackensack shall submit a plan to the court which conforms with
the provisions of subsection b. of Section 10 of P.L. 2003, c. 210
(N.J.S.A. 55:19-87). The plan shall designate the entity which shall
implement the plan, which may be the City of Hackensack or that entity
designated in accordance with the provisions of Section 13 of P.L.
2003, c. 210 (N.J.S.A. 55:19-90).
B.
The court shall grant the City of Hackensack possession
of the property if it finds that:
(1)
The proposed rehabilitation and reuse of the property
is appropriate and beneficial;
(2)
The City of Hackensack is qualified to undertake the
rehabilitation and reuse of the property; and
(3)
The plan submitted by the City of Hackensack represents
a realistic and timely plan for the rehabilitation and reuse of the
property.
C.
The City of Hackensack shall take all steps necessary
and appropriate to further the rehabilitation and reuse of the property
consistent with the plan submitted to the court. In making its findings
pursuant to this section, the court may consult with qualified parties,
including the Department of Community Affairs, and, upon request by
a party in interest, may hold a hearing on the plan.
D.
Where either a redevelopment plan pursuant to P.L.
1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.) or a neighborhood revitalization
plan pursuant to P.L. 2001, c. 415 (N.J.S.A. 52:27D-490 et seq.) has
been adopted or approved by the Department of Community Affairs, as
appropriate, encompassing the property which is the subject of a complaint,
the court shall make a further finding that the proposed rehabilitation
and reuse of the property are not inconsistent with any provision
of either plan.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-89.
A.
The City of Hackensack may exercise its rights under
P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) directly, or may designate
a qualified rehabilitation entity to act as its designee for the purpose
of exercising the City's rights where that designation will further
the rehabilitation and reuse of the property consistent with City's
plans and objectives. This designation shall be made by resolution
of the Mayor and the Council of the City of Hackensack The governing
body or Mayor, as the case may be, may delegate this authority to
the public officer.
B.
Regardless of whether the City of Hackensack exercises
its rights directly or designates a qualified rehabilitation entity
pursuant to this section, while in possession of a property pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.), the City of Hackensack
shall maintain, safeguard, and maintain insurance on the property.
Notwithstanding the City's possession of the property, nothing in
P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) shall be deemed to relieve
the owner of the property of any civil or criminal liability or any
duty imposed by reason of acts or omissions of the owner.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-90.
A.
If the City of Hackensack has been granted possession
of a property pursuant to Section 12 of P.L. 2003, c. 210 (N.J.S.A.
55:19-89), that City shall be deemed to have an ownership interest
in the property for the purpose of filing plans with public agencies
and boards, seeking and obtaining construction permits and other approvals,
and submitting applications for financing or other assistance to public
or private entities.
(1)
For the purposes of any state program of grants or
loans, including but not limited to programs of the Department of
Community Affairs and the New Jersey Housing and Mortgage Finance
Agency, possession of a property under this section shall be considered
legal control of the property.
(2)
Notwithstanding the granting of possession to the
City of Hackensack, nothing in P.L. 2003, c. 210 (N.J.S.A. 55:19-78
et al.) shall be deemed to relieve the owner of the property of any
obligation the owner or any other person may have for the payment
of taxes or other City of Hackensack liens and charges, or mortgages
or liens to any party, whether those taxes, charges or liens are incurred
before or after the granting of possession.
(3)
The granting of possession shall not suspend any obligation
the owner may have as of the date of the granting of possession for
payment of any operating or maintenance expense associated with the
property, whether or not billed at the time of the granting of possession.
B.
The court may approve the borrowing of funds by the
City of Hackensack to rehabilitate the property and may grant a lien
or security interests with priority over all other liens or mortgages
other than municipal liens. Prior to granting this lien priority,
the court shall find that: 1) the City of Hackensack sought to obtain
the necessary financing from the senior lienholder, which declined
to provide such financing on reasonable terms; 2) the City of Hackensack
sought to obtain a voluntary subordination from the senior lienholder,
which refused to provide such subordination; and 3) lien priority
is necessary in order to induce another lender to provide financing
on reasonable terms. No lien authorized by the court shall take effect
unless recorded in the office of the clerk of the county in which
the property is located. For the purposes of this section, the cost
of rehabilitation shall include reasonable nonconstruction costs such
as architectural fees or construction permit fees customarily included
in the financing of the rehabilitation of residential property.
C.
Where the City of Hackensack has been granted possession
by the court in the name of the City, the City of Hackensack may seek
the approval of the court to assign its rights to another entity,
which approval shall be granted by the court when it finds that: 1)
the entity to which the City's rights will be assigned is a qualified
rehabilitation entity; and 2) the assignment will further the purposes
of this section.
D.
Where the City of Hackensack has designated a qualified
rehabilitation entity to act on its behalf, the qualified rehabilitation
entity shall provide quarterly reports to the City of Hackensack on
its activities and progress toward rehabilitation and reuse of the
property. The City of Hackensack or qualified rehabilitation entity,
as the case may be, shall provide such reports to the court as the
court determines to be necessary. If the court finds that the City
of Hackensack or its designee have failed to take diligent action
toward rehabilitation of the property within one year from the grant
of possession, then the court may request the City of Hackensack to
designate another qualified rehabilitation entity to exercise its
rights, or if the City of Hackensack fails to do so, may terminate
the order of possession and return the property to its owner.
E.
The City of Hackensack shall file a notice of completion
with the court, and shall also serve a copy on the owner and any mortgage
holder or lienholder, at such time as the City of Hackensack has determined
that no more than six months remain to the anticipated date on which
rehabilitation will be complete. This notice shall include an affidavit
of the public officer attesting that rehabilitation can realistically
be anticipated to be complete within that time period and a statement
setting forth such actions as it plans to undertake to ensure that
reuse of the property takes place consistent with the plan.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-91.
A.
An owner may petition for reinstatement of the owner's
control and possession of the property at any time after one year
from the grant of possession, but no later than 30 days after the
City of Hackensack has filed a notice of completion with the court
or, in the event the notice of completion is filed within less than
one year of the grant of possession, within 30 days after the City
of Hackensack has filed notice.
B.
The court may allow additional time for good cause
if that additional time does not materially delay completion of the
rehabilitation, place undue hardship on the City of Hackensack, or
affect any of the terms or conditions under which the City of Hackensack
has applied for or received financing for the rehabilitation of the
property.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-92.
Any petition for reinstatement of the owner's
control and possession of the property filed pursuant to Section 15
of P.L. 2003, c. 210 (N.J.S.A. 55:19-92) shall:
A.
Include a plan for completion of the rehabilitation
and reuse of the property consistent with the plan previously approved
by the court;
B.
Provide legally binding assurances that the owner
will comply with all conditions of any grant or loan secured by the
City of Hackensack or repay those grants or loans in full, at the
discretion of the maker of the loan or grant; and
C.
Be accompanied by payment equal to the sum of:
(1)
All City liens outstanding on the property;
(2)
All costs incurred by the City of Hackensack in bringing
action with respect to the property;
(3)
Any costs incurred by the City of Hackensack not covered
by grants or loans to be assumed or repaid pursuant to this section;
and
(4)
Any costs remaining to complete rehabilitation and
reuse of the property, as determined by the public officer, which
payment shall be placed in escrow with the Clerk of the Court pending
disposition of the petition.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-93.
A.
Prior to the granting of a petition on the part of
the owner by the court pursuant to Section 15 of P.L. 2003, c. 210
(N.J.S.A. 55:19-92), the owner may be required to post a bond or other
security in an amount determined by the court, after consultation
with the public officer, as likely to ensure that the owner will continue
to maintain the property in sound condition. That bond or other security
shall be made available to the City of Hackensack to make any repair
on the property in the event of a code violation which is not corrected
in timely fashion by the owner. The bond or other security may be
forfeit in full in the event that the owner fails to comply with any
requirement imposed as a condition of the reinstatement petition filed
pursuant to Section 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
B.
The owner may seek approval of the court to be relieved
of this requirement after five years, which shall be granted if the
court finds that the owner has maintained the property in good repair
during that period, that no material violations affecting the health
and safety of the tenants have occurred during that period, and that
the owner has remedied other violations in a timely and expeditious
fashion.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-94.
If the owner fails to petition for the reinstatement
of control and possession of the property within 30 days after the
entity in possession has filed a notice of completion or in any event
within two years after the initial grant of possession, or if the
owner fails to meet any conditions that may be set by the court in
granting a reinstatement petition filed pursuant to Section 15 of
P.L. 2003, c. 210 (N.J.S.A. 55:19-92), upon petition from the entity
in possession, the court may grant the City of Hackensack title or
authorize the City of Hackensack to sell the property, subject to
the provisions of Section 19 of P.L. 2003, c. 210 (N.J.S.A. 55:19-96).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-95.
A.
Where the City of Hackensack seeks to gain title to
the property, it shall purchase the property for fair market value
on such terms as the court shall approve and may place the proceeds
of sale in escrow with the court.
(1)
The court may authorize the City of Hackensack to
sell the building free and clear of liens, claims and encumbrances,
in which event all such liens, claims and encumbrances shall be transferred
to the proceeds of sale with the same priority as existed prior to
resale in accordance with the provisions of this section, except that
municipal liens shall be paid at settlement.
(2)
The proceeds of the purchase of the property shall
be distributed as set forth in Section 20 of P.L. 2003, c. 210 (N.J.S.A.
55:19-97).
B.
The City of Hackensack may seek approval of the court
to sell the property to a third party when the court finds that such
conveyance will further the effective and timely rehabilitation and
reuse of the property.
C.
Upon approval by the court, the City of Hackensack
shall sell the property on such terms and at such price as the court
shall approve, and may place the proceeds of sale in escrow with the
court. The court shall order a distribution of the proceeds of sale
after paying court costs in the order of priority set forth in Section
20 of P.L. 2003, c. 210 (N.J.S.A. 55:19-97).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-96.
The proceeds paid pursuant to subsection c of
Section 19 of P.L. 2003, c. 210 (N.J.S.A. 55:19-96) shall be distributed
in the following order of priority:
A.
The costs and expenses of sale;
B.
Other governmental liens;
C.
Repayment of principal and interest on any borrowing
or indebtedness incurred by the City of Hackensack and granted priority
lien status pursuant to subsection a of Section 21 of P.L. 2003, c.
210 (N.J.S.A. 55:19-98);
D.
A reasonable development fee to the City of Hackensack
consistent with the standards for development fees established for
rehabilitation programs by the New Jersey Department of Community
Affairs or the New Jersey Housing and Mortgage Finance Agency;
E.
Other valid liens and security interests, in accordance
with their priority; and
F.
The owner.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-97.
A.
The public officer, with the approval of the court,
may place a lien on the property to cover any costs of the City of
Hackensack in connection with a proceeding under P.L. 2003, c. 210
(N.J.S.A. 55:19-78 et al.) incurred prior to the grant by the court
of an order of possession under P.L. 2003, c. 210 (N.J.S.A. 55:19-78
et al.), which may include costs incurred to stabilize or secure the
property to ensure that it can be rehabilitated in a cost-effective
manner. Any such lien shall be considered a City lien for the purposes
of N.J.S.A. 54:5-9 with the rights and status of a City lien pursuant
thereto.
B.
With the exception of the holding of special tax sales
pursuant to Section 24 of P.L. 2003, c. 210 (N.J.S.A. 55:19-101),
the remedies available under P.L. 2003, c. 210 (N.J.S.A. 55:19-78
et al.) shall be available to the City of Hackensack with respect
to any abandoned property, whether or not the City of Hackensack has
established an abandoned property list as provided in Section 36 of
P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and whether or not the property
has been included on any such list.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-98.
Notwithstanding any provision to the contrary
in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.), a court may in its
discretion deny a lienholder or mortgage holder any or all rights
or remedies afforded lienholders and mortgage holders under P.L. 2003,
c. 210 (N.J.S.A. 55:19-78 et al.), if the court finds that the owner
of a property subject to any of the provisions of P.L. 2003, c. 210
(N.J.S.A. 55:19-78 et al.) owns or controls more than a fifty-percent
interest in, or effective control of, the lienholder or mortgage holder
or that the familial or business relationship between the lienholder
or mortgage holder and the owner precludes a separate interest on
the part of the lienholder or mortgage holder.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-99.
With respect to any lien placed against any
real property pursuant to the provisions of Section 1 or Section 3
of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 or N.J.S.A. 40:48-2.5) or
Section 1 of P.L. 1989, c. 91 (N.J.S.A. 40:48-2.3a) or any receiver's
lien pursuant to P.L. 2003, c. 295 (N.J.S.A. 2A:42-114 et al.), the
City of Hackensack shall have recourse with respect to the lien against
any asset of the owner of the property, if an individual; against
any asset of any partner, if a partnership; and against any asset
of any owner of a ten-percent interest or greater, if the owner is
any other business organization or entity recognized pursuant to law.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-100.
The City of Hackensack may hold special tax
sales with respect to those properties eligible for tax sale pursuant
to N.J.S.A. 54:5-19 which are also on an abandoned property list established
by the City of Hackensack pursuant to Section 36 of P.L. 1996, c.
62 (N.J.S.A. 55:19-55). If the City of Hackensack elects to hold a
special tax sale, it shall conduct that sale subject to the following
provisions:
A.
The City of Hackensack shall establish criteria for
eligibility to bid on properties at the sale, which may include, but
shall not be limited to: documentation of the bidder's ability to
rehabilitate or otherwise reuse the property consistent with City
plans and regulations; commitments by the bidder to rehabilitate or
otherwise reuse the property consistent with City plans and regulations;
commitments by the bidder to take action to foreclose on the tax lien
by a date certain; and such other criteria as the City of Hackensack
may determine are necessary to ensure that the properties to be sold
will be rehabilitated or otherwise reused in a manner consistent with
the public interest;
B.
The City of Hackensack may establish minimum bid requirements
for a special tax sale that may be less than the full amount of the
taxes, interest and penalties due, the amount of such minimum bid
to be at the sole discretion of the City of Hackensack, in order to
ensure that the properties to be sold will be rehabilitated or otherwise
reused in a manner consistent with the public interest;
C.
The City of Hackensack may combine properties into
bid packages, and require that bidders place a single bid on each
package, and reject any and all bids on individual properties that
have been included in bid packages;
D.
The City of Hackensack may sell properties subject to provisions that, if the purchaser fails to carry out any commitment that has been set forth as a condition of sale pursuant to Subsection A of this section or misrepresents any material qualification that has been established as a condition of eligibility to bid pursuant thereto, then the properties and any interest thereto acquired by the purchaser shall revert to the City of Hackensack, and any amount paid by the purchaser to the City of Hackensack at the special tax sale shall be forfeit to the City;
E.
In the event there are two or more qualified bidders
for any property or bid package in a special tax sale, the City of
Hackensack may designate the unsuccessful but qualified bidder whose
bid was closest to the successful bid as an eligible purchaser;
F.
In the event that the purchaser of that property or
bid package fails to meet any of the conditions of sale established
by the City of Hackensack pursuant to this section, and their interest
in the property or properties reverts to the City of Hackensack, the
City of Hackensack may subsequently designate the entity previously
designated as an eligible purchaser as the winning bidder for the
property or properties, and assign the tax sale certificates to that
entity on the basis of that entity's bid at the special tax sale,
subject to the terms and conditions of the special tax sale.
G.
The City of Hackensack shall provide notice of a special tax sale pursuant to N.J.S.A. 54:5-26. The notice shall include any special terms of sale established by the City of Hackensack pursuant to Subsection B, C or D of this section. Nothing shall prohibit the City of Hackensack from holding a special tax sale on the same day as a standard or accelerated tax sale.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-101.
With respect to any eminent domain proceeding
carried out under Section 37 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56),
the fair market value of the property shall be established on the
basis of an analysis which determines independently:
A.
The cost to rehabilitate and reuse the property for
such purpose as is appropriate under existing planning and zoning
regulations governing its reuse or to demolish the existing property
and construct a new building on the site, including all costs ancillary
to rehabilitation such as, but not limited to, marketing and legal
costs;
B.
The realistic market value of the reused property
after rehabilitation or new construction, taking into account the
market conditions particular to the neighborhood or subarea of the
City of Hackensack in which the property is located; and
C.
The extent to which the cost exceeds or does not exceed
the market value after rehabilitation, or demolition and new construction,
and the extent to which any "as is" value of the property prior to
rehabilitation can be added to the cost of rehabilitation or demolition
and new construction without the resulting combined cost exceeding
the market value as separately determined. If the appraisal finds
that the cost of rehabilitation or demolition and new construction,
as appropriate, exceeds the realistic market value after rehabilitation
or demolition and new construction, there shall be a rebuttable presumption
in all proceedings under this subsection that the fair market value
of the abandoned property is zero, and that no compensation is due
the owner.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-102.
If a property, which an entity other than the
City of Hackensack has purchased or taken assignment from the City
of Hackensack of a tax sale certificate, is placed on the abandoned
property list, the property shall be removed from the list if the
owner of the certificate pays all City taxes and liens due on the
property within 30 days after the property is placed on the list;
provided, however, that if the owner of the certificate fails to initiate
foreclosure proceedings within six months after the property was first
placed on the list, the property shall be restored to the abandoned
property list.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-103.
A.
Any interested party may submit in writing a request
to the public officer that a property be included on the abandoned
property list prepared pursuant to Section 36 of P.L. 1996, c. 62
(N.J.S.A. 55:19-55), specifying the street address and block and lot
number of the property to be included and the grounds for its inclusion.
Within 30 days of receipt of any such request, the public officer
shall provide a written response to the party, either indicating that
the property will be added to the list of abandoned properties or,
if not, the reasons for not adding the property to the list. For the
purposes of this section, "interested party" shall include any resident
of the City of Hackensack, any owner or operator of a business within
the City of Hackensack, or any organization representing the interests
of residents or engaged in furthering the revitalization and improvement
of the neighborhood in which the property is located.
B.
Any interested party may participate in any redetermination
hearing held by the public officer pursuant to subsection e. of Section
36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55). Upon written request by
any interested party, the public officer shall provide the party with
at least 20 days' notice of any such hearing. The party shall provide
the public officer with notice at least 10 days before the hearing
of its intention to participate and the nature of the testimony or
other information that is proposes to submit at the hearing.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-105.
