Township of Edgewater Park, NJ Property, Abandoned or Vacant

Within 10 days of filing a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township, the creditor shall notify the Township Clerk, or his/her designee, of the action. Such notice shall include:

(a)

The address, block and lot of the subject property;

(b)

The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing;

(c)

Whether the property is vacant and abandoned in accordance with the definition in this chapter;

(d)

The full name, address, and telephone number for the representative of the creditor who is responsible for receiving notice of complaints of property maintenance code violations;

(e)

The full name, address, and telephone number of any persons or entity retained by the creditor or a representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property; and

(f)

If the creditor is out of state, the full name, address, and telephone number of an in-state representative or agent who shall be responsible for any care, maintenance, security, or upkeep of the property, and for receiving notice of complaints of property maintenance and code violations.

The notice requirements herein represent a continuing obligation throughout the pendency of the foreclosure action. After initial notice to the Township, creditors subject to the notice requirement shall update the Township's property registration program within 10 days of any change in the information contained in the original or any subsequent notices.

Creditors of any commercial and/or residential mortgage required to notify the Township pursuant to this section shall:

Register the property with the Township's property registration program as a property in foreclosure within 30 days of notifying the Township.

Be subject to the registration fee, notice requirements, and penalties for noncompliance established within this chapter.

Update the property registration within 10 days of any change in the information contained in the original notice to the Township.

(4)

If an out-of-state creditor, appoint an in-state representative or agent to act for the foreclosing creditor, whose contact information shall be contained within the initial notice to the Township.

(5)

Within 10 days of the property becoming vacant and abandoned at any time during the pendency of the foreclosure action, the creditor shall:

(a)

Assume responsibility for the care, maintenance, upkeep, and security of the exterior of the property;

(b)

Secure the property against unauthorized entry;

(c)

Post a sign on the inside of the property, visible to the public, containing the name, address, and telephone number of the creditor, or an out-of-state creditor's in-state representative or agent, for the purpose of receiving service of process;

(d)

Acquire and maintain a vacancy insurance policy which covers any damage to any person or property caused by any physical condition of the property while registered with the Township's property registration program;

(e)

Provide proof, within 10 days of receiving a request by the Township or its designee, that the above conditions have been satisfied;

(f)

Cure any violations of the above requirements within 30 days of receiving a notice of violation or, if deemed to present an imminent threat to public health and safety, within 10 days of receiving such notice.

(6)

Update the property registration within 10 days of the creditor becoming aware that the property is deemed vacant and abandoned as defined herein.

If at any time the creditor is deemed to be in violation of the above requirements, and/or if the property is deemed to be in violation of any other applicable local or state maintenance, health, or safety codes, the Code Official or his/her designee shall notify the creditor using the contact information provided in the property registry established by this chapter.

§ 393-2 Notice to creditor; time to correct violations.

If the public officer, or other authorized municipal official as designated by the Township Administrator, determines that a property is vacant or abandoned and that a creditor that is obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of any of the provisions of the ordinances of the Township of Edgewater Park, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.

§ 393-3 Designated representative of out-of-state creditor; violation.

[Amended 2-21-2023 by Ord. No. 2023-01]

An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to N.J.S.A. 46:10B-51a(1). An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine as set forth in § 393-12A of this chapter.

§ 393-4 Violations and penalties.

[Amended 2-21-2023 by Ord. No. 2023-01]

Any person, firm, corporation or entity violating any provision of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, of this Code. A creditor required to care, maintain, secure and keep up a property under this article cited in a notice issued pursuant to § 393-2 shall be subject to a fine set forth in § 393-12B of this chapter.

§ 393-5 Additional notice required.

[Amended 2-21-2023 by Ord. No. 2023-01]

Notice of violations of property maintenance, building or other property codes for any property declared vacant and abandoned pursuant to the ordinances of the Township of Edgewater Park shall be given to a foreclosing creditor as required by P.L. 2021, c. 444.[1]

[1]

Editor’s Note: See N.J.S.A. 40:48-2.12s1 et seq.

Article II Abandoned Property List

[Adopted 10-3-2017 by Ord. No. 2017-2]

§ 393-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CREDITOR

A state-chartered bank, savings bank, savings-and-loan association or credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act, Sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity, agent, or assignee acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. A creditor shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.

[Added 2-21-2023 by Ord. No. 2023-01]

OWNER

Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Township of Edgewater Park to have authority to act with respect to the property.

VACANT

Property shall be considered vacant and abandoned, if it is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied because of the presence or finding of at least two of the following:

[Added 2-21-2023 by Ord. No. 2023-01]

Overgrown or neglected vegetation;

The accumulation of newspapers, circulars, flyers, or mail on the property;

Disconnected gas, electric, or water utility services to the property;

The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;

The accumulation of junk, litter, trash, or debris on the property;

The absence of window treatments such as blinds, curtains, or shutters;

The absence of furnishings and personal items;

Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;

Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;

Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;

A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;

An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;

The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;

A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or

Any other reasonable indicia of abandonment.

§ 393-7 Registration requirements.

[Amended 2-21-2023 by Ord. No. 2023-01]

The owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant or abandoned property or within 30 calendar days after assuming ownership of the vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Township Clerk on forms provided by the Township for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failure to register the property.

§ 393-8 Access to abandoned properties.

The owner of any vacant property registered under this article shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 8:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the owner and Township.

§ 393-9 Responsible owner or agent.

An owner who meets the requirements of this article with respect to the location of his or her residence or workplace in the State of New Jersey may designate him- or herself as agent or as the individual responsible for maintaining the property.

By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Township, in writing, of a change of authorized agent or until the owner files a new annual registration statement.

Any owner who fails to register vacant property under the provisions of this article shall further be deemed to consent to receive by posting on the building, in plain view, and by service of notice at the last-known address of the owner of the property on record within the Township of Edgewater Park, by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.

§ 393-10 Fees.

[Amended 8-18-2020 by Ord. No. 2020-4; 2-21-2023 by Ord. No. 2023-01]

A creditor shall be required to pay an annual fee to register a property as set forth in § 393-1 of this chapter.

Creditors shall be required to pay a fee of $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor.

Creditors shall be required to pay an additional $2,000 per property annually if the property is vacant or abandoned pursuant to the definition in this article when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition in this article at any time thereafter while the property is in foreclosure.

§ 393-11 Requirements of owners of abandoned property.

The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant, shall, within 30 days thereof:

Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Township Code or as set forth in rules and regulations supplementing those codes; however, no person shall use plywood to secure real property that is deemed vacant or abandoned pursuant to this section of the Township Code. Clear, impact-resistant polycarbonate sheeting with a thickness in excess of 3/16 inch must be used in place of plywood, except as directed by the Township Code Enforcement Officer; and

[Amended 2-5-2019 by Ord. No. 2019-1]

Affix a sign to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process and the person responsible for the day-to-day supervision and management of the building, if such person if different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and

Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and

Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well maintained and free from trash, debris, loose litter and grass and weed growth; and

Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repaired and/or rehabilitation of the building is complete.

If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the operator or any other third party, and the property is found to be a nuisance and/or in violation of any of the provisions of this article, the Code Enforcement Officer shall notify the operator, which shall have the responsibility to abate the nuisance and/or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or this article. The Township shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the operator's receipt of the notice for the operator to remedy the violation. If the owner/creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for such violations pursuant to § 393-12 of this article.

[Added 2-21-2023 by Ord. No. 2023-01]

§ 393-12 Violations and penalties.

[Amended 8-18-2020 by Ord. No. 2020-4; 2-21-2023 by Ord. No. 2023-01]

An out-of-state creditor subject to the notice and registration requirements of this chapter found to be in violation of the requirement to appoint an in-state representative or agent shall be subject to a fine of $2,500 for each day of the violation. The violation shall be deemed to commence on the day after the creditor's initial ten- or thirty-day requirement to notify the Township of applicable foreclosure actions.

A creditor subject to the notice and registration requirements of this chapter found to be in violation of any other section of this chapter shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the creditor's receipt of a notice of violation or, if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.

If the Township expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to this chapter but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have against the owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100 et seq.

For all other provisions of this article, any owner, operator or occupant who or which shall violate any of the provisions of this article shall, upon conviction in the Edgewater Park Township Municipal Court or any such other court having jurisdiction, be sentenced to a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate offense and subject to the penalty provisions of this article.

For purposes of this article, failure to file a registration statement under § 393-7 within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein, shall be deemed to be violations of this article.

§ 393-13 Abandoned property criteria.

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 in the Township of Edgewater Park 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:

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

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 pursuant to this section; or

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 pursuant to this section; or

(4)

The property has been determined to be a nuisance by the public officer in accordance with N.J.S.A. 55:19-82 or for one or more of the following reasons:

(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 and vacancy 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; 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;

(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.

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.

§ 393-14 Establishment of abandoned property list.

The public officer shall identify abandoned property within the Township of Edgewater Park for the purpose of establishing an abandoned property list. 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 anytime, and may delete properties at any time when he or she finds that the property no longer meets the definition of an abandoned property.

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 Township of Edgewater Park has purchased or taken assignment from the Township 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.

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 Township of Edgewater Park, 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. 54:4-64d. 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 public officer's finding 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 Burlington 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 Township of Edgewater Park as "plaintiff" and the name of the property owner as "defendant," as though an action had been commenced by the Township against the owner.

An owner or lien holder may challenge the inclusion of his 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 shown, 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 property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification asserting that the property is not abandoned and stating the reasons for such averment, 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 that term is defined herein and 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The property owner may challenge an adverse determination of an appeal with the public officer, pursuant to Subsection D of this section, by instituting, in accordance with the New Jersey Court Rules, a summary trial proceeding in the Superior Court, Burlington 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 an abandoned property as that term is 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.

The public officer shall promptly remove any property from the abandoned property list that has been determined by him or on appeal not to be abandoned and may, in his discretion, remove properties from said list whenever he deems such removal appropriate under the circumstances.

The abandoned property list shall become effective, and the Township of Edgewater Park shall have the right to pursue any legal remedy with respect to properties on the list, at any time after at least one property has been placed on the list and following the expiration of the period for appeal with respect to that first property or upon the denial of an appeal brought by the property owner of that first property.

§ 393-15 Interested parties may request additions to list.

Any interested party may submit a written request to the public officer asserting that any property within the Township of Edgewater Park should 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 the purposes of this section, the term "interested parties" shall include any resident of the Township of Edgewater Park, any owner or operator of a business within the Township of Edgewater Park or any organization representing the interests of residents, business owners or otherwise engaged in furthering the revitalization and improvement of the neighborhood in which the property is located.

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.

§ 393-16 Vehicles on abandoned properties.

No person shall park a motor vehicle for longer than two hours on any day (including Sundays and public holidays) upon any of the abandoned properties listed on the Township of Edgewater Park abandoned properties list or parts thereof.

No person shall park a motor vehicle at any time on any of the abandoned properties listed on the abandoned properties list or parts thereof between the hours of 1:00 a.m. and 5:00 a.m.

Any motor vehicle found parked upon any abandoned property listed on the Township of Edgewater Park abandoned properties list or parts thereof in violation of any municipal ordinance or statute of the State of New Jersey may be removed by the Township of Edgewater Park at the expense of the owner thereof and shall be held impounded by the Township of Edgewater Park or at its direction until such expense has been paid by such owner.

Any person violating any of the provisions of this section shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 393-17 Removal of property from abandoned properties list.

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 Township liens due, including interest and penalties, and:

By posting cash or a bond equal 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

By demonstrating to the satisfaction of both the public officer and Township Committee 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, 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.

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 failed 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 Township, 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.

§ 393-18 Sale of restricted tax liens.

Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions of any other law to the contrary, if a property is included on the abandoned property list and the property taxes or other Township 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.

The Township of Edgewater Park 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 Township 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 Township to guarantee the rehabilitation or repair of the property. The public officer may waive a requirement to post a bond imposed by the Township 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 Township of Edgewater Park, 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 Township of Edgewater Park harmless, has been filed with the public officer.

If the Township of Edgewater Park 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 Township 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 Township, 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 Township of Edgewater Park in order to ensure performance. The amount and conditions of the bond shall be determined by the public officer.

The cost of remediation incurred by the Township of Edgewater Park, 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 Township, except for Township taxes, liens and assessments 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 Burlington County Clerk.

The clearance, development, redevelopment, or repair of property being maintained as an abandoned property pursuant to this article shall be considered a public purpose and public use, for which the power of eminent domain may be lawfully exercised.

§ 393-19 Special tax sale and criteria for bidders.

The Township of Edgewater Park 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.

The public officer, with the advice and consent of the Township Committee, shall establish criteria for eligibility to bid on properties at the sale, which may include, but need not be limited to:

Documentation of the bidder's ability to rehabilitate or otherwise reuse the property consistent with Township's plans and regulations; commitments by the bidder to rehabilitate or otherwise reuse the property, consistent with Township's plans and regulations;

Commitments by the bidder to take action to foreclose on the tax lien by a date certain; and

Such other criteria as the public officer, with the advice and consent of the Township Committee, 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.

The public officer, with the advice and consent of the Township Committee, 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 utilized in a manner consistent with the public interest.

The public officer, with the advice and consent of the Township Committee, 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.

The public officer, with the advice and consent of the Township Committee, may sell said properties subject to 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 Township, and any amount paid by the purchaser at the special tax sale shall be forfeit to the Township.

In the event there are two or more qualified bidders for any property or bid package in a special tax sale, the Township may designate the unsuccessful qualified bidder whose bid was closest to the successful bid as an eligible purchaser. 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 Township pursuant and their interest in the property or properties reverts to the Township, the Township 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.

The Township of Edgewater Park 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 Township of Edgewater Park pursuant to this section. Nothing shall prohibit the Township from holding a special tax sale on the same day as a standard or accelerated tax sale.

§ 393-20 Expedited action to foreclose right of redemption.

When a person or entity other than the Township of Edgewater Park 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 just six months following the date of the sale of the tax sale certificate.

When the Township of Edgewater Park 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.

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:

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. 55:19-56, as determined by the Court; or

Demonstrates to the Court that the conditions because of which the property was determined to be abandoned have been remedied in full.

§ 393-21 Abandoned property status during expedited foreclosure.

If an entity other than the Township of Edgewater Park has purchased or taken assignment from the Township 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 added to the abandoned property list under the following limited circumstances:

The owner of the certificate has continued to pay all Township taxes and liens on the property in the tax year when due; and

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.

A property used on a seasonal basis shall be deemed abandoned only if it meets any two of the additional criteria set forth in N.J.S.A. 55:19-81.

A determination that a property is abandoned property under the provisions of this article and N.J.S.A. 55:19-78 et seq. shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.

Upon the request of a purchaser 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 an "abandoned property" according to the criteria established in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.

§ 393-22 Summary action for control and possession of abandoned property.

A summary action or other action to transfer possession and control of abandoned property in need of rehabilitation to the Township of Edgewater Park may be brought by the Township in the Superior Court, Burlington County. If the Court shall find that the property is abandoned and that the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the Court may authorize the Township to take possession and control of the property and to develop its own rehabilitation plan for the property.

Where the Township has been granted possession and control, the Township may commence and maintain those 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.

Failure by the owner, mortgage holder or lien holder to submit a plan for rehabilitation to the Township, 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.

An owner may defend against a complaint filed pursuant to N.J.S.A. 55:19-84 by submitting a plan for the rehabilitation and reuse of the property which is the subject of the complaint and by posting a bond equal to 125% of the amount determined by the public officer or the Court to be the projected cost of rehabilitation.

Any plan submitted by an owner to defend against a complaint shall be submitted within 60 days after the complaint has been filed, unless the Court provides the owner with an extension of time for good cause shown. A plan submitted by an owner pursuant to this section shall include, but not be limited to:

A detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse, including operating budgets or resale prices, or both, as appropriate;

A budget for the rehabilitation of the property, including sources and uses of funds, based on the terms and conditions of realistically available financing, including grants and loans;

A timetable for the completion of rehabilitation and reuse of the property, including milestones for performance of major steps leading to and encompassing the rehabilitation and reuse of the property; and

(4)

Documentation of the qualifications of the individuals and firms that will be engaged to carry out the planning, design, financial packaging, construction, and marketing or rental of the property.

Where the Court approves the rehabilitation plan of the owner or other party in interest, then it may appoint the public officer to act as monitor of compliance and progress. If the owner fails to carry out any step in the approved plan, then the Township may apply to the Court to have the posted bond forfeited, to transfer possession of the building to the Township to complete the rehabilitation plan, and to grant authorization to use the bond proceeds for the rehabilitation. The owner or other party in interest shall provide bimonthly reports to the public officer on its activities and progress toward rehabilitation and reuse of the property.

If an owner is unsuccessful in defending against a complaint filed pursuant to N.J.S.A. 55:19-84, 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. Their 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.

The mortgage holder or lien holder, as the case may be, shall provide bimonthly reports to the Court and the public officer 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, then the public officer shall notify the Court, which may order the posted 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.

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 to 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.

If no mortgage holder or lien holder meets the conditions of N.J.S.A. 55:19-88, then the Township may submit a plan to the Court which conforms with the provisions of N.J.S.A. 55:19-87. Such plan shall designate whether the Township or a qualified rehabilitation entity shall undertake the rehabilitation plan in accordance with the provisions of N.J.S.A. 55:19-90.

§ 393-23 Township rehabilitation or designation of qualified rehabilitation entity.

The public officer, with the advice and consent of the Township Committee, may designate a qualified rehabilitation entity for the purpose of exercising the Township's rights, where that designation will further the rehabilitation and reuse of the property consistent with Township's plans and objectives.

Regardless of whether the Township exercises its rights directly or the public officer designates a qualified rehabilitation entity pursuant to this section, while in possession of a property, the Township shall maintain, safeguard, and maintain insurance on the property. Notwithstanding the Township'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.

The Court may approve the borrowing of funds by the Township of Edgewater Park to rehabilitate the property and may grant a lien or security interests with priority over all other liens or mortgages other than municipal liens. Prior to granting this lien priority, the Court must find as follows:

The Township sought to obtain the necessary financing from the senior lien holder, which declined to provide such financing on reasonable terms;

The Township sought to obtain a voluntary subordination from the senior lien holder, which refused to provide such subordination; and