The Public Officer, charged with the responsibility for identifying
abandoned properties and giving notice as set forth in N.J.S.A. 55:19-82,
shall be that officer designated by the Manager pursuant to N.J.S.A.
55:19-80.
[Amended 5-6-2014 by Ord.
No. 15-5-2014]
A. Any property that has not been legally occupied for a period of six
months and meets any one of the following criteria, as determined
by the Public Officer, may be deemed abandoned:
(1) The property is in need of rehabilitation, in the judgment of the
Public Officer, and no rehabilitation has taken place during the six-month
period;
(2) Construction was initiated on the property and then discontinued
for a period of at least six months, leaving the building unsuitable
for occupancy;
(3) At least one installment of real property tax remains unpaid or delinquent;
or
(4) The property has been determined to be a nuisance pursuant to N.J.S.A.
55:19-82.
B. A property which contains both residential and nonresidential space may be considered abandoned so long as two-thirds or more of the 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 and otherwise meets the criteria of either Subsection
A(1) or
(4) above.
C. Notwithstanding the foregoing, a property shall not be placed on the Abandoned Property List if an entity other than the municipality has purchased a tax sale certificate with respect to the same and the owner of the certificate 1) has continued to pay all municipal taxes and liens on the property in the year when due and 2) has taken action to initiate foreclosure proceedings within six months after the property is eligible for such action and diligently pursues the same. In addition, a property used on a seasonal basis shall not be deemed abandoned unless it meets two of the additional criteria set forth in Subsection
A above.
[Added 5-6-2014 by Ord.
No. 15-5-2014]
The Public Officer may, as appropriate and in the discretion of the Public Officer, proceed to obtain repair, alteration, improvement or demolition of a property on the Abandoned Property List, including those deemed unfit for occupancy, pursuant to either the provisions authorized by N.J.S.A. 40:48-2.3 et seq. as implemented by Chapter
58 of this Code or as authorized by N.J.S.A. 55:19-54 through 55:19-59 and N.J.S.A. 55:19-78 through 55:19-107, as set forth below. Pursuant to the provisions of N.J.S.A. 55:19-82, a property determined by the Public Officer to be a nuisance under the provisions of Subsection 82 of the statute shall be subject to the notice provisions of Chapter
58.
[Added 5-6-2014 by Ord.
No. 15-5-2014]
The Public Officer shall have all of the powers available to
the municipality, its agents, servants and employees, under the Abandoned
Properties Rehabilitation Act (N.J.S.A. 55:19-78 et seq.). Specifically,
the Public Officer may:
A. When the owner or party in interest has failed to submit or initiate
a rehabilitation plan, bring a summary action in Superior Court to
transfer possession and control of the property to the municipality
for the development of such a plan. Upon being granted possession
and control, in addition to adopting a rehabilitation plan, the municipality
may commence and maintain further actions to:
(1) Conserve, protect or dispose of the property;
(2) Recover costs and expenses of the rehabilitation; and
(3) If owner does not apply for reinstatement of control as providedfor
by N.J.S.A. 55:19-92, sell the property as directed by the court.
B. After filing a notice of intent to take control of the property pursuant
to N.J.S.A. 55:19-86, enter onto the property as provided for in Subsection
c of this section of the statute in order to inspect, secure, stabilize
or repair the property for purposes of preparing a rehabilitation
plan.
C. Upon a proper showing to the court, seek to obtain title to the property
or sell same with the proceeds of such transaction to be distributed,
in the following priority, for:
(1) The costs and expenses of sale;
(3) Repayment to the municipality for any borrowing or indebtedness granted
priority lien status pursuant to N.J.S.A. 55:19-98;
(4) A reasonable development fee to the municipality consistent with
the standards established by the Department of Community Affairs or
New Jersey Housing and Mortgage Finance Agency for rehabilitation
programs;
(5) Other valid liens and security interests in accordance with their
priority; and
D. With the approval of the court, place a lien on the property to cover
the costs of proceeding under the chapter and N.J.S.A. 55:19-78 et
seq.
[Added 5-6-2014 by Ord.
No. 15-5-2014]
In addition to those powers set forth above, the municipality
may proceed to tax sale on the property pursuant to N.J.S.A. 55:19-56,
designate a qualified rehabilitation entity to act on behalf of the
municipality in rehabilitating the property, borrow funds to facilitate
the powers given to the municipality under the law and seek priority
lien status for such borrowings. The purpose of this chapter is to
provide the municipality with all powers granted to it by the legislature
under N.J.S.A. 40:48-2.3 et seq., N.J.S.A. 55:19-54 et seq., and N.J.S.A.
55:19-78 et seq., which are incorporated herein and made a part hereof.
[Added 9-16-2014 by Ord.
No. 27-9-2014]
Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to this chapter shall be given to a foreclosing creditor pursuant to the procedures of §
58-5.2 of this Code as required by P.L. 2014, c. 35.