[HISTORY: Adopted by the Township Committee of the Township
of Colts Neck 10-29-2014. Amendments noted where applicable.]
A.
The public officer.
(1)
The Township Administrator is hereby designated to serve as the public
officer hereunder, and all inspections, regulations, enforcement and
hearings on violations of the provisions of this chapter, unless expressly
stated to the contrary, shall be under his or her direction and supervision.
He or she may appoint or designate such other local public officers
or employees to perform duties as may be necessary to the enforcement
of this chapter, including the making of inspections and the holding
of hearings.
(2)
The public officer is hereby designated to identify abandoned property
throughout the Township for the purpose of establishing an abandoned
property list in accordance with the provisions of N.J.S.A. 50:19-55
and 55:19-78 et seq. The municipality may add or delete properties
to or from the list at any time. Any interested party may make recommendations
to the public officer for the inclusion of a property on this list.
(a)
The public officer shall establish the abandoned property list
or any additions thereto by publication in the official newspaper
of the municipality, 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 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.
(b)
The public officer, 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. 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 be posted
on the property. The mailed notice shall include the factual basis
for the determination of the public officer that the subject property
is an "abandoned property" in accordance with the criteria set forth
in N.J.S.A. 55:19-81.
(c)
In all cases, a copy of the mailed or posted notice shall also
be filed by the public officer in the office of the County Clerk or
Register of Deeds and Mortgages, as the case may be, of the county
where the property is located. This filing shall have the same force
and effect as a notice of lis pendens. The notice shall be indexed
by the name of the property owner as defendant and the name of the
municipality as plaintiff, as though an action had been commenced
by the municipality against the owner.
(d)
The public officer, within 10 days of the establishment of the
abandoned property list, or additions to the list, shall send a copy
of the list to the electric and gas utilities serving the municipality.
B.
Owner rights.
(1)
An owner or lienholder may challenge the including of the property
on the abandoned property list by appealing that determination to
the public officer within 30 days of the owner's receipt of the
certified notice or within 40 days of the date on which the notice
was sent. Within 30 days of receipt of an appeal request, the public
officer shall schedule a hearing for redetermination of the matter.
Any property part of the list shall be presumed to be abandoned. It
shall be the burden of appellant to demonstrate, through evidence,
that the property is not abandoned or a nuisance as the public officer's
findings allege. A determination of the hearing must be found within
10 days of the hearing in accordance with N.J.S.A. 55:19-55.
(2)
Appeal of the municipal redetermination may be brought by way of
summary proceeding in the Superior Court pursuant to the provisions
of N.J.S.A. 55:19-55. The sole grounds for appeal shall be that the
property is not abandoned.
C.
Criteria. The threshold requirement for a property to meet the definition
of "abandoned property" is that it must have not been legally occupied
for six months prior to the time the public officer makes a determination
that the property is abandoned. If the property meets this minimum
threshold, it must then meet any one of the following elements:
(1)
It is in need of rehabilitation and no work has taken place during
that six-month period; or
(2)
Construction began, but was discontinued before the building was
suitable for occupancy or use, and no construction has taken place
during that six-month period; or
(3)
At least one installment of property tax is delinquent at the time
the public officer makes the determination; or
(4)
The property has been determined to be a nuisance by the public officer.
Nuisance shall be determined by the public officer by making a finding
of any one of the following elements:
(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 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 and the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property 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 has
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.
D.
Powers. The adoption and creation of the abandoned property list
shall give the Township the right to pursue any and all remedies as
provided in N.J.S.A. 55:19-79 et seq., the "Abandoned Properties Act,"
for those properties properly designated to the Township Abandoned
Properties List. Such remedies shall include but are not limited to
accelerated foreclosure, special tax sale, becoming an entity in possession,
or the use of eminent domain.
B.
The creditor filing the summons and complaint in an action to foreclosure
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.
C.
Failure of creditor to properly maintain an abandoned property shall
result in the public officer issuing a notice of violation to the
creditor. Such notice shall require the person or entity to correct
the violation within 30 days of receipt of the notice, or 10 days
of receipt of the notice if the violation presents an imminent threat
to the public health and safety.
D.
Out-of-state creditors shall provide full name and contact information
of the in-state representative or agent.
E.
Any out-of-state creditor subject to this chapter and in violation
of the requirement to appoint an in-state representative shall be
subject to a fine of $2,500 per day, per violation. Any creditor subject
to this chapter who fails to care for, maintain, secure and upkeep
the property shall be subject to a fine of $1,500 per day, per violation.
