[Adopted 12-23-2015 by Ord. No. 92-2015]
A.
The New Jersey Urban Redevelopment Act, N.J.S.A. 55:19-20 et seq.,
was amended and Abandoned Properties Rehabilitation Act, N.J.S.A.
55-19-78 et seq., was adopted to authorize a qualified municipality
to designate a public officer, pursuant to ordinance, to perform certain
functions set forth in these state statutes.
B.
The Abandoned Property Rehabilitation Act (APRA) was enacted into
law on January 8, 2004. It offers New Jersey's municipalities additional
means by which they can gain control of abandoned properties to restore
them to productive use.
A.
The governing body of the City finds and declares that there are
properties within the City which qualify as abandoned properties pursuant
to state law. The continued presence of these buildings within the
community acts as a significant barrier to urban revitalization and
to regeneration of the neighborhoods where they are located.
B.
Abandoned properties create a wide range of negative secondary effects
in the neighborhoods where they are located, such as fostering criminal
activity, creating public health problems, and otherwise diminishing
the quality of life for residents and business operators in those
areas. Furthermore, abandoned properties diminish property values
of neighboring properties, increase the risk of property damage through
arson and vandalism, and discourage neighborhood stability and revitalization.
C.
The purpose of these regulations is to implement and utilize the
powers afforded to local government by the adoption of the Abandoned
Properties Rehabilitation Act and to further the revitalization of
the City and improve economic and social conditions.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended.
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.).
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
Any borough, city, town, township or village situated within
the boundaries of this state and shall include a qualified rehabilitation
entity that may be designated by the municipality pursuant to N.J.S.A.
55:19-90 to act as its agent to exercise any of the municipality's
rights pursuant thereto.
The holder or holders of the title to an abandoned property.
Any building or structure and the land appurtenant thereto.
The person designated by the municipality pursuant to N.J.S.A.
40:48-2.5.
Any 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. 210 (N.J.S.A. 55:19-78 et seq.) to carry
out the rehabilitation of vacant buildings in urban areas.
For the purposes of creating an abandoned property list, properties
must meet the criteria in the statutory definition as outlined below.
This definition applies to buildings of any type, without respect
to their previous use, but does not apply to vacant lots.
A.
Threshold criteria. Property must not have been legally occupied for the previous six months and must meet any one of the secondary criteria below (See also Subsection D for exceptions.)
B.
Secondary criteria.
(1)
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 and 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 the building
was determined to be abandoned.
(3)
At least one installment of property tax remains unpaid and delinquent
as of the date the building was determined to be abandoned.
(4)
The property has been determined to be a nuisance by the public officer
in accordance with the nuisance criteria below.
C.
Nuisance criteria. For a property to be determined a nuisance, one
of the following must apply:
(1)
The property is found to be unfit for human habitation, occupancy,
or use pursuant to 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 municipality
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.
D.
Exceptions. There are two exceptions to the aforementioned definition
of abandoned property:
(1)
A property on which an entity other than the municipality holds a
tax sales certificate is not deemed to be abandoned if the owner of
the certificate continues to pay all municipal tax and liens when
due; and initiates foreclosure proceedings within six months of the
property being determined eligible for foreclosure.
(2)
A property used on a seasonal basis is deemed to be abandoned only
if it meets any two of the secondary criteria.
[Amended 9-18-2019 by Ord. No. 31-2019]
The Director of the Department of Licensing and Inspections
is hereby designated as the public officer authorized to exercise
the powers set forth in these regulations and the state statutes,
including but not limited to identifying abandoned properties throughout
the City to establish an abandoned property list.
A.
The public officer shall establish and maintain a list of abandoned
property, to be known as the "abandoned property list." The public
officer may add properties to the list at any time when he finds that
a property meets the definition of an abandoned property, and the
public officer may delete properties from the list at any time when
he finds that a property no longer meets the definition of an abandoned
property.
B.
The published list and notices shall identify the abandoned property,
setting forth the name of the owner of record, if known, the tax block
and lot numbers, the street address for the lot, and the basis for
determining that the property is abandoned.
C.
An interested party may request that a property be included on the
abandoned property list, provided he/she follows the procedure set
forth in N.J.S.A. 55:19-105.
D.
A 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 the diligent pursuit of rehabilitation
work authorized by those permits.
E.
A property on which an entity, other than the municipality, has purchased
or taken assignment from the municipality of a tax sale certificate
which has been placed on the abandoned property list may be removed
in accordance with the provisions set forth in N.J.S.A. 55:19-103.
A.
The public officer shall cause the list to be published in the official
newspaper of the City within 10 days of the establishment of the abandoned
property list or any additions thereto. This publication shall constitute
public notice.
B.
The public officer shall mail a notice to the owner of record of
every property included on the list by regular mail and certified
mail, return receipt requested, within 10 days of the establishment
of the abandoned property list or any additions thereto.
C.
When the owner of record is not known for a particular property and
cannot be ascertained in the exercise of reasonable diligence by the
Tax Collector, the notice shall not be mailed, but instead shall be
posted on the property by posting a copy of the notice in a conspicuous
place on the building affected by the notice.
D.
The public officer, in consultation with the Tax Collector, also
shall mail 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 state law.
E.
In all cases, a copy of the mailed or posted notice also shall be
filed by the public officer in the Atlantic County Clerk's office.
This filing shall have the same force and effect as a notice of lis
pendens under N.J.S.A. 2A:15-6.
A.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the public officer within the time frame and in the manner set forth
in N.J.S.A. 55:19-55.
B.
The public officer shall schedule a hearing for redetermination of
the matter within 30 days of the receipt of a request for an appeal
of the findings contained in the notice.
C.
The public officer shall decide any timely filed appeal within 10
days of the hearing on the appeal, and he shall promptly notify the
appealing party of the decision and the reasons therefor by regular
mail and certified mail, return receipt request.
D.
The appealing party may challenge an adverse determination of an
appeal with the public officer by instituting a summary proceeding
in the Superior Court, Law Division, Atlantic County, in accordance
with the New Jersey Court Rules. Such action shall be filed within
20 days of the date of the notice of decision.
The City may exercise its rights under the Abandoned Properties
Rehabilitation Act directly, or the City may designate a qualified
rehabilitation entity to act as its designee for the purpose of exercising
its rights under state law where that designation will further the
rehabilitation and reuse of the property consistent with municipal
plans and objectives. This designation shall be made by resolution
of the governing body.
The public officer shall provide a written report to the governing
body of the City every six months which outlines the status of abandoned
properties within the City and which includes, but is not limited
to, the following information:
A.
A copy of the current abandoned property list;
B.
A status report on any properties removed from the list since the
last report, and the reasons for their removal;
C.
A status report on any legal proceedings pending in connection with
any properties appearing on the list;
D.
A status report of any actions taken by any designated qualified
rehabilitation entity in connection with any properties appearing
on the list; and
E.
A status report of any tax sale certificates purchased by or assigned
to any entity for vacant properties.
Nothing in this article shall be interpreted to impair or limit
in any way the power of the City to define and declare nuisances and
to cause their removal or abatement by summary proceedings or otherwise,
nor is anything in this article intended to limit the authority of
the enforcing agency or Construction Official under the State Uniform
Construction Code Act, or any rules or regulations adopted thereunder.
