[HISTORY: Adopted by the Township Council of the Township
of Franklin 10-13-2009 by Ord. No. 3848. Amendments noted where
applicable.]
A.
Except as provided in 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 Township Manager, or his designee
(both together throughout this chapter referred to simply as the "Township
Manager"), that:
(1)
The property is in need of rehabilitation in the reasonable judgment
of the Township Manager and no rehabilitation has taken place during
that same six-month period; or
(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 Township Manager pursuant to this section;
or
(3)
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination by the Township
Manager pursuant to this section; or
(4)
The property has been determined to be a nuisance by the Township Manager in accordance with N.J.S.A. 55:19-82 and may also be subject to the Township of Franklin habitability hearing process, pursuant to Chapter 94 of the Township Code, for one or more of the following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3;
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties;
(c)
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 municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
(d)
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
(e)
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.
B.
A property which contains both residential and nonresidential space
may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq.
so long as two-thirds 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
Township Manager.
A.
The Township Manager shall identify abandoned property within the
Township of Franklin for the purpose of establishing an abandoned
property list. The abandoned property list shall include, for each
abandoned property identified, the tax block and lot number, the name
of the owner of record, if known, and the street address of the lot.
The Township Manager may add properties to the abandoned property
list at anytime, and may delete properties at any time when he or
she finds that the property no longer meets the definition of an abandoned
property.
B.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by those permits. A property on which an entity other
than the Township of Franklin has purchased or taken assignment from
the Township of a tax sale certificate which has been placed on the
abandoned property list may be removed if the owner of the certificate
pays all municipal 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 in accordance
with the provisions of N.J.S.A. 55:19-103.
C.
The Township Manager shall establish the abandoned property list
and any additions or deletions thereto by authorizing the publication
of the list in the official newspaper of the Township of Franklin,
which publication shall constitute public notice, and, within 10 days
after publication, shall send a notice, by certified mail, return
receipt requested, and by regular mail, to the owner of record of
every property included on the list. The published and mailed notices
shall identify property determined to be abandoned setting forth the
owner of record, if known, the tax lot and block number and street
address. The Township Manager, in consultation with the tax collector,
shall also send out a notice by regular mail to any mortgagee, servicing
organization, or property tax processing organization that receives
a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64(d).
When the owner of record is not known for a particular property and
cannot be ascertained by the exercise of reasonable diligence by the
tax collector, notice shall not be mailed but instead shall be posted
on the property in the manner as provided in N.J.S.A. 40:48-2.7. The
mailed notice shall indicate the factual basis for the Township Manager's
finding that the property is abandoned property as that term is defined
herein and in N.J.S.A. 55:19-54, and shall specify the information
relied upon in making such finding. In all cases a copy of the mailed
or posted notice shall also be filed by the Township Manager in the
office of the Somerset County Clerk. This filing shall have the same
force and effect as a formal notice under N.J.S.A. 2A:15-6. The notice
shall be captioned with the name of the Township of Franklin as "plaintiff"
and the name of the property owner as "defendant," as though an action
had been commenced by the Township against the owner.
D.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the Township Manager within 30 days of the owner's receipt of the
certified notice or 40 days from the date upon which the notice was
sent. An owner whose identity was not known to the Township Manager
shall have 40 days from the date upon which notice was published or
posted, whichever is later, to challenge the inclusion of a property
on the abandoned property list. For good cause shown, the Township
Manager shall accept a late filing of an appeal. Within 30 days of
receipt of a request for an appeal of the findings contained in the
notice, the Township Manager shall schedule a hearing for redetermination
of the matter. Any property included on the list shall be presumed
to be abandoned property unless the owner, through the submission
of an affidavit or certification asserting that the property is not
an abandoned property, can demonstrate that the property was erroneously
included on the list. The affidavit or certification shall be accompanied
by supporting documentation such as, but not limited to, photographs,
repair invoices, bills and construction contracts. The sole ground
for appeal shall be that the property in question is not abandoned
property as that term is defined herein and in N.J.S.A. 55:19-54.
The Township Manager shall decide any timely filed appeal within 10
days of the hearing on the appeal and shall promptly, by certified
mail, return receipt requested, and by regular mail, notify the property
owner of the decision and the reasons therefor.
E.
The property owner may challenge an adverse determination of an appeal with the Township Manager pursuant to Subsection D of this section by instituting, in accordance with the New Jersey Court Rules, a summary trial proceeding in the Superior Court, Somerset County. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the Township Manager. The sole ground for appeal and new hearing before the Superior Court shall be that the property in question is not an abandoned property as that term is defined in N.J.S.A. 55:19-54. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the Court may extend the deadline for instituting the action.
F.
The Township Manager shall promptly remove any property from the
abandoned property list that has been determined by him or on appeal
not to be abandoned and may, in his discretion, remove properties
from said list whenever he deems such removal appropriate under the
circumstances.
G.
The abandoned property list shall become effective, and the Township
of Franklin shall have the right to pursue any legal remedy with respect
to properties on the list, at any time after at least one property
has been placed on the list and following the expiration of the period
for appeal with respect to that first property or upon the denial
of an appeal brought by the property owner of that first property.
H.
The Township may also, in addition to and irrespective of the actions and limitations established by this chapter, continue to move forward with the habitability hearing process established separately by Chapter 94 of the Township Code, whether or not the property involved in that process has also been placed on the abandoned property list.
[1]
Editor's Note: Ordinance Number 3849, adopted 10-13-2009,
established the abandoned property list for the Township of Franklin.
This ordinance provided that the Public Officer or his or her designee
is directed to identify abandoned properties within the municipality;
place them on the list; and provide such notices and carry out such
other tasks as are required to effectuate an abandoned property list.
Refer to Ord. No. 3849 for details.
A.
Any interested party may submit a written request to the Township
Manager asserting that any property within the Township of Franklin
should be included on the abandoned property list. The written request
must specify 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 Township Manager shall provide
a written response to the party, either indicating that the property
will be added to the list or, if not, the reasons for not adding the
property. For the purposes of this section, the term "interested parties"
shall include any resident of the Township of Franklin, any owner
or operator of a business within the Township of Franklin or any organization
representing the interests of residents, business owners or otherwise
engaged in furthering the revitalization and improvement of the neighborhood
in which the property is located.
B.
Any interested party may participate in a redetermination hearing
regarding the inclusion of a property on the abandoned property list.
Upon written request by any interested party, the Township Manager
shall provide that party with at least 20 days' notice of any such
hearing. The party shall provide the Township Manager with notice
at least 10 days before the hearing of its intention to participate,
and the nature of the testimony or other information that it proposes
to submit at the hearing.
A.
An owner may request removal of his or her property from the Abandoned
Properties list prior to sale of the tax sale certificate by paying
all taxes and Township liens due, including interest and penalties,
and:
(1)
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to N.J.S.A. 55:19-55 and by posting cash or a bond to cover
the cost of any environmental cleanup required on the property, evidenced
by a certification by a licensed engineer retained by the owner and
reviewed and approved by the Township Manager, stating that the cash
or bond adequately covers the cost of the cleanup; or
(2)
By demonstrating to the satisfaction of both the Township Manager
and Township Council that the conditions rendering the property abandoned
have been remediated in full; provided, however, that where the Township
Manager finds that the owner is actively engaged in remediating the
conditions because of which the property was determined to be abandoned,
as evidenced by significant rehabilitation activity on the property,
the Township Manager may grant an extension of time of not more than
120 days for the owner to complete all work, during which time no
further proceedings will be taken against the owner or the property.
B.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
New Jersey Department of Environmental Protection or an administrative
consent order, as the case may be, or if an agreement or order is
in effect but the owner has failed to perform the remediation in conformance
with the agreement or order, then the cash or bond shall be forfeited
to the Township which shall use the cash or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
A.
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions
of any other law to the contrary, if a property is included on the
abandoned property list and the property taxes or other Township liens
due on the property are delinquent for six or more quarters as of
the date of expiration of the right to appeal the property's inclusion
on the list, or, if an appeal has been filed, as of the date that
all opportunities for appeal of inclusion on the list have been exhausted,
then the tax lien on the property may be sold in accordance with the
procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq., on or after
the 90th day following the expiration of that time of appeal or final
determination on an appeal.
B.
The Township of Franklin may, at its option, require that the sale
of the tax sale certificate or any subsequent assignment or transfer
of a tax sale certificate held by the Township be subject to the express
condition that the purchaser or assignee shall be obliged to perform
and conclude any rehabilitation or repairs necessary to remove the
property from the abandoned property list pursuant to N.J.S.A. 55:19-55
and to post a bond in favor of the Township to guarantee the rehabilitation
or repair of the property. The Township Manager may waive a requirement
to post a bond imposed by the Township for any purchaser, assignee
or transferee of a tax sale certificate that provides documentation
acceptable to the Township Manager that the purchaser, assignee or
transferee is a qualified rehabilitation entity as defined in N.J.S.A.
55:19-80. The cost of rehabilitation and repairs and the cost of the
bond shall be added to the amount required to be paid by the owner
for redemption of the property. The purchaser, assignee or transferee
of the tax sale certificate who is required to rehabilitate and repair
the property shall be required to file the appropriate affidavits
with the tax collector, pursuant to N.J.S.A. 54:5-62, representing
the amounts of monies expended periodically toward the rehabilitation
or repair of the property. A purchaser, assignee or transferee shall
be entitled to interest on the amounts expended, as set forth in the
affidavits, at the delinquent rate of interest for delinquencies in
excess of $1,500 in effect for the time period when the amounts were
expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser,
assignee or transferee, with the authority of the Township of Franklin,
shall be permitted to enter in and upon the property for the purposes
of appraising the costs of rehabilitation and repair and to perform
all other acts required to guarantee the completion of the rehabilitation
or repair of the property. No rehabilitation or repair work shall
be commenced, however, until proof of adequate liability insurance
and an indemnification agreement, holding the Township of Franklin
harmless, has been filed with the Township Manager.
C.
If the Township of Franklin acquires the tax sale certificate for
a property on the abandoned property list, then, upon 10 days' written
notice to the property owner and any mortgagee as of the date of the
filing of the notice pursuant to N.J.S.A. 55:l9-55, the Township shall
be permitted to enter upon the property and remediate any conditions
that caused the property to be included on the abandoned property
list. No remediation shall be commenced, however, if within that ten-day
period the owner or mortgagee shall have notified the Township in
writing that the owner or mortgagee has elected to perform the remediation
itself. When the owner or mortgagee elects to perform the remediation
itself, it shall be required to post bond in favor of the Township
of Franklin in order to ensure performance. The amount and conditions
of the bond shall be determined by the Township Manager.
D.
The cost of remediation incurred by the Township of Franklin, as
so certified by the entity incurring the cost upon completion of the
remediation, shall constitute a lien upon the property first in time
and right to any other lien, whether the other lien was filed prior
to or after the filing of any lien by the Township, except for Township
taxes, liens and assessments and any lien imposed pursuant to the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
together with any interest thereon. The certification of cost shall
be filed and recorded as a lien by the entity incurring the cost with
the Somerset County Clerk.
E.
The clearance, development, redevelopment, or repair of property
being maintained as an abandoned property pursuant to this chapter
shall be considered a public purpose and public use for which the
power of eminent domain may be lawfully exercised.
A.
The Township of Franklin 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 the abandoned property list.
B.
The Township Manager, with the advice and consent of the Township
Council, shall establish criteria for eligibility to bid on properties
at the sale, which may include, but need not be limited to:
(1)
Documentation of the bidder's ability to rehabilitate or otherwise
reuse the property consistent with Township's plans and regulations;
commitments by the bidder to rehabilitate or otherwise reuse the property,
consistent with Township's plans and regulations;
(2)
Commitments by the bidder to take action to foreclose on the tax
lien by a date certain; and
(3)
Such other criteria as the Township Manager, with the advice and
consent of the Township Council, 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.
C.
The Township Manager, with the advice and consent of the Township
Council, may establish minimum bid requirements for a special tax
sale that are less than the full amount of the taxes, interest and
penalties due, to help ensure that the properties will be rehabilitated
or otherwise utilized in a manner consistent with the public interest.
D.
The Township Manager, with the advice and consent of the Township
Council, may combine properties in said special tax sale into bid
packages, and require that bidders place a single bid on each package,
rejecting any and all bids on individual properties that are submitted.
E.
The Township Manager, with the advice and consent of the Township
Council, may sell said properties subject to provision that, if the
purchaser fails to carry out any commitment that has been set forth
as a condition of sale 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 Township, and any amount paid by
the purchaser at the special tax sale shall be forfeited to the Township.
F.
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the Township may designate the
unsuccessful qualified bidder whose bid was closest to the successful
bid as an eligible purchaser. In the event that the selected purchaser
of that property or bid package fails to meet any of the conditions
of sale established by the Township pursuant to this section and his
or her interest in the property or properties reverts to the Township,
the Township 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 Township of Franklin 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 Township pursuant to this section.
Nothing shall prohibit the Township from holding a special tax sale
on the same day as a standard or accelerated tax sale.
A.
When a person or entity other than the Township of Franklin acquires
a tax sale certificate for a property on the abandoned property list
at tax sale, the purchaser may institute an action to foreclose the
right of redemption at any time after the expiration of just six months
following the date of the sale of the tax sale certificate.
B.
When the Township of Franklin is the purchaser at tax sale of any
property on the abandoned property list pursuant to N.J.S.A. 54:5-34,
an action to foreclose the right of redemption may be instituted in
accordance with the provisions of Subsection b of N.J.S.A. 54:5-77.
C.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
(1)
Posts cash or a bond equal to the cost of remediating the conditions
because of which the property was determined to be abandoned pursuant
to N.J.S.A. 55:19-56, as determined by the Court; or
(2)
Demonstrates to the Court that the conditions because of which the
property was determined to be abandoned have been remedied in full.
A.
If an entity other than the Township of Franklin has purchased or
taken assignment from the Township 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 added to the abandoned property list under
the following limited circumstances:
(1)
The owner of the certificate has continued to pay all Township 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 b of N.J.S.A. 54:5-86, as appropriate,
and diligently pursues foreclosure proceedings in a timely fashion
thereafter.
B.
A property used on a seasonal basis shall be deemed abandoned only
if it meets any two of the additional criteria set forth in N.J.S.A.
55:19-81.
C.
A determination that a property is abandoned property under the provisions
of this chapter and N.J.S.A. 55:19-78 et seq. 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 Township Manager or the tax
collector shall, in a timely fashion, provide the requester with a
certification that the property fulfills the definition of an "abandoned
property" according to the criteria established in N.J.S.A. 55:19-81
and N.J.S.A. 55:19-82.
A.
A summary action or other action to transfer possession and control
of abandoned property in need of rehabilitation to the Township of
Franklin may be brought by the Township in the Superior Court, Somerset
County. If the Court shall find that the property is abandoned and
that the owner or party in interest has failed to submit and initiate
a rehabilitation plan, then the Court may authorize the Township to
take possession and control of the property and to develop its own
rehabilitation plan for the property.
B.
Where the Township has been granted possession and control, the Township
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, 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 and possession of
the property as permitted by N.J.S.A. 55:19-92.
C.
Failure by the owner, mortgage holder or lienholder to submit a plan
for rehabilitation to the Township, obtain appropriate construction
permits or, in the alternative, submit formal applications for funding
the cost of rehabilitation to local, state or federal agencies providing
such funding within the initial six-month period shall be deemed clear
evidence that the owner has failed to take any action to further the
rehabilitation of the property.
D.
An owner may defend against a complaint filed pursuant to 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 Township Manager
or the Court to be the projected cost of rehabilitation.
E.
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. 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.
F.
Where the Court approves the rehabilitation plan of the owner or
other party in interest, then it may appoint the Township Manager
to act as monitor of compliance and progress. If the owner fails to
carry out any step in the approved plan, then the Township may apply
to the Court to have the posted bond forfeited, to transfer possession
of the building to the Township to complete the rehabilitation plan,
and to grant authorization to use the bond proceeds for the rehabilitation.
The owner or other party in interest shall provide bimonthly reports
to the Township Manager on its activities and progress toward rehabilitation
and reuse of the property.
G.
If an owner is unsuccessful in defending against a complaint filed
pursuant to 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 N.J.S.A. 55:19-87. Their plan must be submitted within 60 days
following the Court's rejection of 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
or lienholder's plan, it shall designate that party to be in possession
of the property for purposes of ensuring its rehabilitation.
H.
The mortgage holder or lienholder, as the case may be, shall provide
bimonthly reports to the Court and the Township Manager on its activities
and progress toward rehabilitation and reuse of the property. If the
mortgage holder or lienholder fails to carry out any material step
in the approved plan, then the Township Manager shall notify the Court,
which may order the posted bond forfeit, grant the Township possession
of the property, and authorize the Township to use the proceeds of
the bond for rehabilitation of the property.
I.
Any sums incurred or advanced for the purpose of rehabilitating the
property by a mortgage holder or lienholder granted possession of
a property, including Court costs and reasonable attorney's fees,
may be added to the unpaid balance due to 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.
J.
If no mortgage holder or lienholder meets the conditions of N.J.S.A.
55:19-88, then the Township may submit a plan to the Court which conforms
with the provisions of N.J.S.A. 55:19-87. Such plan shall designate
whether the Township or a qualified rehabilitation entity shall undertake
the rehabilitation plan in accordance with the provisions of N.J.S.A.
55:19-90.
A.
The Township Manager, with the advice and consent of the Township
Council, may designate a qualified rehabilitation entity for the purpose
of exercising the Township's rights, where that designation will further
the rehabilitation and reuse of the property consistent with Township's
plans and objectives.
B.
Regardless of whether the Township exercises its rights directly
or the Township Manager designates a qualified rehabilitation entity
pursuant to this section, while in possession of a property, the Township
shall maintain, safeguard, and maintain insurance on the property.
Notwithstanding the Township's possession of the property, the owner
of the property shall not be relieved of any civil or criminal liability
or any duty imposed by reason of acts or omissions of the owner.
C.
The Court may approve the borrowing of funds by the Township of Franklin
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 must find as
follows:
(1)
The Township sought to obtain the necessary financing from the senior
lienholder, which declined to provide such financing on reasonable
terms;
(2)
The Township 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 with the Clerk of Somerset County.
D.
Where the Township has designated a qualified rehabilitation entity
to act on its behalf, the qualified rehabilitation entity shall provide
bimonthly reports to the Township Manager on its activities and progress
toward rehabilitation and reuse of the property. The Township 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 Township or its designee has failed to take diligent
action toward rehabilitation of the property within one year from
the grant of possession, then the Court may request the Township to
designate another qualified rehabilitation entity to exercise its
rights, or if the Township fails to do so, may terminate the order
of possession and return possession and control of the property to
its owner.
E.
The Township of Franklin 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 Township 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 Township
Manager, attesting that the rehabilitation is anticipated to be completed
within six months, and a statement setting forth the actions as it
plans to undertake consistent with the plan.
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 Court's
removal of possession, but no later than 30 days after the Township
of Franklin 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 Township has
filed said 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 Township or affect any of the terms or conditions
under which the Township has applied for or received financing for
the rehabilitation of the property.
C.
If the owner fails to petition for the reinstatement of control and
possession of the property within 30 days after the Township 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,
the Court may grant the Township title or authorize the Township to
sell the property, subject to the provisions of N.J.S.A. 55:19-96.
A.
The Township Manager, with the approval of the Court, may place a
lien on the property to cover any costs of the Township in connection
with any proceeding under N.J.S.A. 55:19-78 et seq. incurred prior
to the grant by the Court of an order of possession, 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 Township lien for the purposes of N.J.S.A. 54:5-9,
with the rights and status of a Township lien pursuant thereto.
B.
Where the Township 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.
C.
The Court may authorize the Township of Franklin 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. The proceeds of the purchase of the property
shall be distributed as set forth in N.J.S.A. 55:19-97.
D.
Upon approval by the Court, the Township 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 N.J.S.A. 55:19-97.
E.
With the exception of the holding of special tax sales pursuant to
N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78
et seq. shall be available to the Township with respect to any abandoned
property, whether or not the Township has established an abandoned
property list and whether or not the property at issue has been included
on any such list.
No provision of this chapter shall be construed as restricting
or otherwise abrogating the enforcement and other powers of the Township's
Construction Code Official under the New Jersey Uniform Construction
Code, including without limitation N.J.S.A. 52:27D-123 et seq., and
N.J.A.C. 5:23-1.1 et seq. (collectively, the "Code"). The provisions
of this chapter shall be construed as consistent with the enforcement
and other powers of the Township's Construction Code Official under
the Code.
