[Adopted 5-4-2004 by Ord.
No. MC 3262 (Ch. 51, Art. I, of the 1981 Revised
Code)]
An "abandoned property" is hereby defined as one that has not
been legally occupied for a period of six months and meets one of
the following criteria:
A.
The property is in need of rehabilitation and has not been rehabilitated
during the unoccupied period;
B.
Construction has been initiated on the property in the past, but
not for the six-month period;
C.
The property has been in tax arrearage for at least one installment
period; or
D.
The property has been determined to be a nuisance by the Business
Administrator, the Construction Official, the Health Officer, the
Fire Subcode Official, the Director of Housing Services or other public
official charged with condemnation responsibilities and granted the
appropriate authority (nuisance includes a finding that the property
is unfit for human habitation and/or is determined to be a fire hazard
or potential health and safety hazard).
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
[Amended 3-13-2018 by Ord. No. MC 3635]
The procedures for the Township's acquisition of the abandoned property shall be that which is set forth in N.J.S.A. 55:19-78 et seq. (P.L. 2003, Ch. 210). This shall include the filing of a complaint in the Superior Court of New Jersey with a certification by the public officer that the property is abandoned. Thirty days' notice must be provided to the owner prior to the filing of a complaint.
The owner may defend against the complaint by submitting a plan
for the rehabilitation and reuse of the property and by posting a
bond equal to 125% of the amount determined by the public officer
(Business Administrator or his designee) to represent the projected
cost of rehabilitation. The plan requires a financial feasibility
analysis, a budget and timetable for rehabilitation of the property
and documentation of qualifications of those who will perform the
rehabilitation.
The Court shall approve the plan if the plan is realistic and
likely to result in the expeditious rehabilitation and reuse of the
property and, correspondingly, the Court shall disapprove of the plan
if unrealistic. If the Court approves the owner's plan, it may appoint
the Business Administrator to act as monitor of the owner's compliance.
If the owner fails to carry out any step in the approved plan, the
Business Administrator officer shall notify the Court, which may order
the 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.
The owner shall provide quarterly reports to the Township and
the Court on the owner's progress toward rehabilitation and reuse
of the property.
If an owner fails to successfully defend against a complaint,
a mortgage holder or lien holder may seek to be designated in possession
for the property by submitting a plan and posting a bond meeting the
same conditions described above. If no mortgage holder or lien holder
meets these conditions, the Township of Irvington shall submit a plan
which shall designate an entity that shall implement the plan. This
entity may be the Township or a qualified rehabilitation entity, organized
or authorized to do business under New Jersey law, which shall have
as one of its purposes the construction or rehabilitation of residential
or nonresidential buildings, the provision of affordable housing and
the restoration of abandoned property, among others.
If the Township of Irvington is granted possession of a property
under this article, the Township shall be deemed to have an ownership
interest in the property for the purpose of filing plans with public
agencies and any state program of grants or loans. Where the Township
borrows funds for the express purpose of rehabilitating the property,
the Court may authorize the Township to grant a lien or security interest
with priority over all other liens or mortgages other than Township
liens.
With the granting of possession by the Court to the Township
of a property determined to be abandoned, the owner shall continue
to be responsible for all taxes or other municipal liens and charges,
or mortgages or liens to any party, incurred on the property, whether
those taxes, charges or liens are incurred before or after the granting
of possession; nor shall the owner be relieved of any operating or
maintenance expense associated with the property. Similarly, although
the Township is required to maintain, safeguard, and maintain insurance
on the property, the owner shall not be relieved of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the
owner relating to the property.
The Township is authorized to seek Court approval to assign
its rights to another entity, which may be granted under the circumstances
enumerated in this article.
An owner may petition for reinstatement of the owner's control
and possession of the property. The petition's requirements and conditions
shall be determined by the Court for reinstating the owner's rights.
If the Township sells the property, this article sets forth
the order of distribution of the proceeds of such a sale. This article
authorizes the Business Administrator, with the approval of the Court,
to place a lien on the property to cover any costs the Township incurred
prior to the granting by the Court of an order of possession, which
may include costs incurred to stabilize or secure the property.
This article authorizes the Township of Irvington to hold special
tax sales with respect to those properties eligible for tax sale under
N.J.S.A. 54:5-19 which are also on an abandoned property list and
sets forth procedures governing those special tax sales. In the case
of any eminent domain proceeding carried out under Section 37 of P.L.
1996, c. 62 (N.J.S.A. 55:19-56), this article establishes the parameters
for establishing fair market value.
