[Ord. No. 2016-20]
Property that is abandoned as determined by the Act (N.J.S.A.
55:19-78 et seq.).
The Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78
et seq.
The Borough of Bound Brook in the County of Somerset, State
of New Jersey.
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
The holder or holders of title to an abandoned property.
Any building or structure and the land appurtenant thereto.
The person designated by the Borough pursuant to N.J.S.A.
40:48-2.5, or any officer of the Borough qualified to carry out the
responsibilities set forth in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., and who is designated by the Borough
pursuant to resolution of the Mayor and Council.
An 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 non-residential 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 the Act to carry out the rehabilitation of vacant buildings
in urban areas.
Any electric or natural gas public utility that is regulated
under the jurisdiction of the New Jersey Board of Public Utilities.
[Ord. No. 2016-20]
a.Â
The Public Officer shall identify abandoned property within the Borough
for the purpose of establishing an abandoned property list in accordance
with N.J.S.A. 55:19-55. 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 Public Officer may add properties to the abandoned
property list at any time, 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.Â
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 Borough has purchased or taken assignment from the Borough
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.Â
The Public Officer 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 Borough, 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 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 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 finding by the Public Officer 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 Public Officer 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 Borough of Bound Brook as "plaintiff,"
and the name of the property owner as "defendant," as though an action
had been commenced by the Borough against the owner.
d.Â
An owner or lien holder may challenge the inclusion of his/her 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 40 days from the date upon which the notice was sent. An
owner whose identity was not known to the Public Officer 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, the Public Officer 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 Public Officer
shall schedule a hearing for redetermination of the matter. Any 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 defined in N.J.S.A. 55:19-54.
The Public Officer 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.Â
The property owner may challenge an adverse determination by the Public Officer of an appeal pursuant to paragraph d of this § 16-2, 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 Public Officer. The sole ground for appeal and new hearing before the Superior court shall be that the property in question is not abandoned property as 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.Â
The Public officer shall promptly remove any property from the abandoned
property list that has been determined not to be abandoned on appeal
and may, in its discretion, remove properties from said list whenever
the Public Officer deems such removal appropriate under the circumstances.
g.Â
The abandoned property list shall become effective, and the Borough shall have the right to pursue any legal remedy with respect to properties on the list at such time as any one property has been placed on the list in accordance with the provisions of this Chapter 16, upon the expiration of the period for appeal with respect to that property or upon the denial of an appeal brought by the property owner.
h.Â
The Public Officer, within 10 days of establishing the abandoned
property list, shall send a copy of the list via regular mail, facsimile
or electronic mail to the electric and gas utilities serving the Borough.
[Ord. No. 2016-20]
a.Â
If an entity other than the Borough has purchased or taken assignment
from the Borough 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 placed on the abandoned property list pursuant to N.J.S.A.
55:19-55 if (1) the owner of the certificate has continued to pay
all municipal 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 Subsection b of
N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure
proceedings in a timely fashion thereafter.
b.Â
A property which is used on a seasonal basis shall be deemed to be abandoned only if the property meets any two of the additional criteria set forth in § 16-4 hereof.
c.Â
A determination that a property is abandoned property under the provisions
of N.J.S.A. 55:19-78 shall not constitute a finding that the use of
the property has been abandoned for purposes of municipal zoning or
land use regulation.
d.Â
Upon the request of a purchase 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 Public Officer or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of abandoned according to the criteria set forth in § 16-4 hereof.
[Ord. No. 2016-20]
a.Â
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 Public Officer that:
1.Â
The property is in need of rehabilitation in the reasonable judgment
of the Public Officer, and no rehabilitation has taken place during
that same six-month period; or
2.Â
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 Public Officer; or
3.Â
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination by the Public Officer;
or
4.Â
The property has been determined to be a nuisance by the Public Officer,
in accordance with N.J.S.A. 55:19-82 for one or more of the following
reasons:
(a)Â
The property has been found to be unfit for human habitation,
occupancy or use pursuant to N.J.S.A. 40:48-2.3; or
(b)Â
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties; or
(c)Â
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 Borough has
secured the property in order to prevent such hazards after the owner
has failed to do so; or
(d)Â
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
b.Â
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 2/3 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 Public Officer.
[Ord. No. 2016-20]
a.Â
Any interested party may submit a written request to the Public Officer
that a property within the Borough 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
Public Officer 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 purposes of this section,
the term "interested parties" shall include any resident of the Borough,
any owner or operator of a business within the Borough or any organization
representing the interests of residents, business owners or engaged
in furthering the revitalization and improvement of the neighborhood
in which the property is located.
b.Â
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 Public Officer shall
provide that party with at least 20 days' notice of any such hearing.
The party shall provide the Public Officer 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.
[Ord. No. 2016-20]
a.Â
An owner may request removal of their property from the abandoned
properties list prior to sale of the tax sale certificate by paying
all taxes and Borough liens due, including interest and penalties,
and:
1.Â
By posting cash or a bond 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 Public Officer stating that the cash
or bond adequately covers the cost of the cleanup; or
2.Â
By demonstrating to the satisfaction of the Public Officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where the Public Officer finds that
the owner is actively engaged in remediating the conditions because
of which the property was determined to be abandoned pursuant to N.J.S.A.
55:19-55, as evidenced by significant rehabilitation activity on the
property, the Public Officer 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.Â
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 filed 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 Borough, 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.
[Ord. No. 2016-20]
a.Â
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions
of any other laws to the contrary, if a property is included on the
abandoned property list and the property taxes or other Borough 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.Â
The Borough 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 Borough 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 Borough to guarantee the rehabilitation or
repairs of the property. The Public Officer may waive a requirement
to post a bond imposed by the Borough for any purchaser, assignee
or transferee of a tax sale certificate that provides documentation
acceptable to the Public Officer 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 Borough, 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 Borough harmless, has been filed with the Borough
Clerk.
c.Â
If the Borough 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. 55:19-55, the Borough 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 Borough 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 Borough
in order to ensure performance. The amount and conditions of the bond
shall be determined by the Public Officer.
d.Â
The cost of remediation incurred by the Borough, 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 Borough, except for Borough taxes, liens
and assessment 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.Â
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.
[Ord. No. 2016-20]
a.Â
The Borough 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.Â
The Borough shall establish criteria for eligibility to bid on property
at the sale, which may include, but need not be limited to:
1.Â
Documentation of the bidder's ability to rehabilitate or otherwise
reuse the property consistent with the Borough's plans and regulations
and commitments by the bidder to rehabilitate or otherwise reuse the
property; consistent with the Borough's plans and regulations;
2.Â
Commitments by the bidder to take action to foreclose on the tax
lien by a date certain; and
3.Â
Such other criteria as the Borough 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.Â
The Borough 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 used in a manner consistent with the public interest.
d.Â
The Borough 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.Â
The Borough may sell said properties subject to the 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 Borough, and any amount paid by
the purchaser at the special tax sale shall be forfeited to the Borough.
f.Â
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the Borough may designate the
unsuccessful qualified bidder whose bid was closest to the successful
bid, as an eligible purchaser.
g.Â
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 Borough pursuant to this section, and their interest in the property
or properties reverts to the Borough, the Borough 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.
h.Â
The Borough 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 Borough pursuant to this section. Nothing shall
prohibit the Borough from holding a special tax sale on the same day
as a standard or accelerated tax sale.
[Ord. No. 2016-20]
a.Â
When a person or entity other than the Borough 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 six months following the date
of the sale of the tax sale certificate.
b.Â
Notwithstanding N.J.S.A. 54:5-104.34, when the Borough 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.Â
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.Â
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. 55:19-55, as determined by the court; or
2.Â
Demonstrates to the court that the conditions because of which the
property was determined to be abandoned pursuant to N.J.S.A. 55:19-55
have been remedied in full.
[Ord. No. 2016-20]
a.Â
A summary action or otherwise to transfer possession and control
of abandoned property in need of rehabilitation to the Borough may
be brought by the Borough in the Superior Court, Somerset County.
If the court shall find that the property is abandoned pursuant to
N.J.S.A. 55:19-81 and the owner or party in interest has failed to
submit and initiate a rehabilitation plan, then the court may authorize
the Borough to take possession and control of the property and develop
a rehabilitation plan.
b.Â
Where the Borough has been granted possession and control, the Borough
may commence and maintain 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.Â
Failure by the owner, mortgage holder or lien holder to submit a
plan for rehabilitation to the Borough, 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.Â
The Borough shall file such action in accordance with the requirements
of N.J.S.A. 55:19-85 and N.J.S.A. 55:19-86.
e.Â
An owner may defend against a complaint filed pursuant to this § 16-10, in accordance with N.J.S.A. 55:19-87.
f.Â
If an owner is unsuccessful in defending against a complaint, the
mortgage holder or lien holder 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. Such 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 lien
holder with an extension of time for good cause shown. If the court
approves any such mortgage holder or lien holder's plan, it shall
designate that party to be in possession of the property for purposes
of ensuring its rehabilitation and reuse and may appoint the Public
Officer to act as monitory of the party's compliance.
g.Â
The mortgage holder or lien holder, as the case may be, shall provide
quarterly reports to the court and the Borough on its activities and
progress toward rehabilitation and reuse of the property. If the mortgage
holder or lien holder fails to carry out any material step in the
approved plan, the Public Officer shall notify the court, which may
order the bond forfeited, grant the Borough possession of the property,
and authorize the Borough to use the proceeds of the fund for rehabilitation
of the property.
h.Â
Any sums incurred or advanced for the purpose of rehabilitating the
property by a mortgage holder or lien holder granted possession of
a property, including court costs and reasonable attorney's fees,
may be added to the unpaid balance due that mortgage holder or lien
holder, with interest calculated at the same rate set forth in the
note or security agreement; or, in the case of a tax lien holder,
at the statutory interest rate for subsequent liens.
i.Â
If no mortgage holder or lien holder meets the conditions of N.J.S.A.
55:19-88, then the Borough may submit a plan to the court which conforms
to the provisions of N.J.S.A. 55:19-87. Such plan shall designate
whether the Borough or a qualified rehabilitation entity shall undertake
the rehabilitation plan in accordance with the provisions of N.J.S.A.
55:19-90.
[Ord. No. 2016-20]
a.Â
The Borough may designate a qualified rehabilitation entity for the
purpose of exercising the Borough's rights, where that designation
will further the rehabilitation and reuse of the property consistent
with the Borough's plans and objectives.
b.Â
Regardless of whether the Borough exercises its rights directly or designates a qualified rehabilitation entity pursuant to this § 16-11, the Borough shall maintain, safeguard, and maintain insurance on the property while in possession of the property. Notwithstanding the Borough'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.
[Ord. No. 2016-20]
a.Â
If the Borough has been granted possession of the property pursuant
to N.J.S.A. 55:19-89, the Borough shall be deemed to have an ownership
interest in the property and the provisions of N.J.S.A. 55:19-91 shall
apply.
[Ord. No. 2016-20]
a.Â
An owner may petition for reinstatement of the owner's control and
possession of the property in accordance with the provisions of N.J.S.A.
55:19-92.
b.Â
If the owner fails to petition for the reinstatement of the owner's
control and possession of the property within 30 days after the Borough
has filed a notice of completion with the court attesting that the
rehabilitation of the property is anticipated to be completed within
six months or, in any event, within two years after the initial grant
to 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 Borough title or authorize the Borough to sell the property,
subject to the provisions of N.J.S.A. 55:19-96.
[Ord. No. 2016-20]
a.Â
The Borough, with the approval of the court, may place a lien on
the property to cover any costs of the Borough 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 Borough lien for the purposes of N.J.S.A. 54:5-9,
with the rights and status of a Borough lien pursuant thereto.
b.Â
Where the Borough 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.Â
The court may authorize the Borough to sell the building free and
clear of liens, claim 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.Â
Upon approval by the court, the Borough 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.Â
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. 55:19-678
et seq. shall be available to the Borough with respect to any abandoned
property, whether or not the Borough has established an abandoned
property list and whether or not the property at issue has been included
on any such list.
[Ord. No. 2016-28]
The Public Officer shall provide a report to the Governing Body
every six months, which shall include the number and location of properties
on the Abandoned Property List, the status of those properties, and
any actions taken by the Borough or by any qualified rehabilitation
entity with respect to any property on the Abandoned Property List
or any other abandoned property within the Borough.