[MC 1998-19, July 6, 1998]
As used in this article, the terms below shall have the following meanings:
(a) 
Business means any lawful activity except a farm operation conducted primarily for the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of commodities.
(b) 
City means City of Plainfield.
(c) 
Comparable replacement location means a dwelling or replacement location which is decent, safe and sanitary and the functional equivalent and substantially the same as the former dwelling or business or farm location with respect to the number of rooms, areas of living space, age and state of repair.
(d) 
Decent, safe and sanitary means property that is in sound, clean and watertight condition and is in conformity with local building, construction and health codes.
(e) 
Displaced or removed means required to move or vacate any real property or any tenancy therein, pursuant to any City programs of acquisition, code enforcement proceeding or voluntary rehabilitation of buildings.
(f) 
Dwelling means house, apartment or other residential unit that is the permanent place of principal lawful residence of a person and to which such person whenever absent has intention of returning.
(g) 
Farm operation means any activity which is conducted solely or primarily for the production of one or more agricultural products or commodities.
(h) 
Lawful occupant means a person whose occupancy of a dwelling unit or property is recognized by the owner and is not the result of a trespass or unauthorized sublease or assignment.
(i) 
Person means any individual or family, owner of a business concern or farm operation, partnership, corporation or association.
(j) 
Relocation assistance means relocation payments and benefits made to eligible persons, farm or business concerns.
(k) 
Relocation officer means any official designated by the City to manage the relocation assistance program.
(l) 
WRAP means the Workable Relocation Assistance Plan of the City which is submitted to the State Department of Community Affairs for approval.
[MC 1998-19, July 6, 1998]
(a) 
Whenever the City undertakes a program of Building Code enforcement, Housing Code enforcement, Health Code enforcement, or Zoning Code enforcement that causes the displacement of any person, the City shall provide reasonable relocation payments and assistance to all lawful occupants who are displaced as provided in N.J.A.C. 5:11-3 and 4. The date of eligibility shall be the date occupants received formal, written notice to vacate from the City.
(b) 
Whenever the City acquires real property that causes the displacement of people, businesses, or farm operations, the City shall provide relocation payments and assistance as provided in N.J.A.C. 5:11-3 and 4. The date of eligibility shall be the date of the first written offer to purchase the property.
(c) 
An owner-occupant who is displaced by Health, Building, Housing or Zoning Code enforcement shall not be entitled to relocation benefits if the Code violation which resulted in the displacement was caused by factors for which the owner is liable. Any such owner-occupant who is entitled to benefits shall be entitled to the benefits applicable to tenants only.
(d) 
No tenant displaced by Code enforcement shall be eligible for benefits if the Code violation which resulted in displacement was primarily caused by that tenant's own conduct and not by factors for which the owner is liable under N.J.S.A. 20:4-4.1.
(e) 
No payment or assistance under this article shall be required or included as a program or project cost if the displaced person, farm or business receives a payment required by the State law of eminent domain which is determined to have substantially the same purpose and effect as such payment under this article, and which is part of the cost of the program or project for which Federal or State assistance is available.
[MC 1998-19, July 6, 1998]
(a) 
The City shall develop a Workable Relocation Assistance Program ("WRAP") for displaced persons and business concerns including such measures, facilities, techniques or services as may be necessary or appropriate to:
(1) 
Determine the needs of displaced persons for relocation assistance;
(2) 
Supply information concerning programs offering assistance to displaced persons to minimize the hardships to the displaced person in adjusting to relocation;
(3) 
Assist each displaced person to secure decent, safe and sanitary dwelling units at prices or rents within their means and in areas reasonably accessible to their place of employment and not generally less desirable in regard to public utilities and public and commercial facilities;
(4) 
Assist owners of displaced business concerns in obtaining and becoming established in suitable business locations;
(5) 
Provide any displaced person a reasonable time from the date of displacement within which to apply for and receive a relocation assistance payment.
(b) 
The WRAP shall be certified by the Mayor and submitted to the Commissioner of the Department of Community Affairs for approval.
(c) 
The City shall designate or appoint an officer or employee who shall be charged with the formulation and execution of any WRAP.
(d) 
All claims for relocation assistance payments must be filed within twelve (12) months of the date of permanent resettlement.
[MC 1998-19, July 6, 1998]
(a) 
An eligible person who is displaced from a dwelling unit and moves his or her personal property therefrom shall receive payment as provided in N.J.S.A. 52:31B-4, N.J.S.A. 20:4-4 and N.J.A.C. 5:11-3 or other applicable State law or regulation.
[MC 1998-19, July 6, 1998]
(a) 
An eligible business that is displaced from its place of operation and moves its personal property therefrom shall be entitled to receive payments, for personal property, searching for a replacement location, professional fees and other eligible expenses, as provided in N.J.S.A. 52:31b-4, N.J.S.A. 20:4-4 and N.J.A.C. 5:11-3 or other applicable State law or regulation.
[MC 1998-19, July 6, 1998]
(a) 
In the case of any displacement of persons by Housing, Construction or Zoning Code enforcement, including any rehabilitation necessitated by the enforcement in which the owner of the real property has, in any final court adjudication, been held liable for civil or criminal penalty, all relocation costs incurred pursuant to N.J.S.A. 20:4-4 and N.J.S.A. 20:4-6 shall be paid by the owner of the real property to the City which has made relocation assistance payments.
(b) 
The City shall present to the owner of the real property a statement of those relocation costs and the date upon which the relocation costs are due and payable.
(c) 
In the event that the relocation costs to be paid to the City with regard to a parcel of real property shall not be paid within ten (10) days after the date due, interest shall accrue and be due to the City on the unpaid balance at the rate of eighteen percent (18%) per annum until the costs, and the interest thereon shall be fully paid to the City.
(d) 
In the event that the relocation costs to be paid to the City with regard to any parcel of real property shall not be paid within ten (10) days after the date due, the unpaid balance thereof and all interest accruing thereon shall be a lien on the parcel. To perfect the lien granted by this section, a statement showing the amount and due date of the unpaid balance and identifying the parcel, which identification may be sufficiently made by reference to the assessment map of the City, shall be recorded with the Clerk or Registrar of Deeds and Mortgages of Union County and upon recording, the lien shall have the priority of a mortgage lien. Whenever relocation costs with regard to the parcel and all interest accrued thereon shall have been fully paid to the City, the statement shall be promptly withdrawn or cancelled by the City.
(e) 
The Tax Collector of the City shall enforce, with and as any other municipal liens on real property in the City, all relocation costs and liens thereof shown in any statement filed by the City pursuant to Subsection (d) of this section, and shall deposit in the revolving relocation assistance fund the sums realized upon enforcement or upon liquidation of any property acquired by the City by virtue of enforcement.
(f) 
The owner of any parcel of real property shall have the right to appeal the requirement that the owner pay the relocation costs incurred pursuant to sections 4 and 6 of P.L. 1971, c. 362 (N.J.S.A. 20:4-4 and N.J.S.A. 20:4-6) on the grounds that the cause of the violations was outside his control and the abatement of Code violations is economically unfeasible. Appeal shall be to the Superior Court, Law Division, in summary proceedings.
(g) 
The City shall not be required to enforce a lien for relocation costs with respect to any real property the title to which it has acquired and which has been transferred pursuant to a rehabilitation agreement.
[MC 1998-19, July 6, 1998]
(a) 
The City shall establish a revolving relocation assistance fund into which shall be deposited the following sums, less any money required to be repaid to the State of New Jersey; (1) any relocation costs, and interest thereon, paid by an owner of real property who has been held liable for a civil or criminal penalty in the case of any displacement of persons by Housing or Construction Code or Zoning Code enforcement; (2) any sums realized by this the City upon enforcement of municipal liens or liquidation of any property acquired by virtue of enforcement; and (3) any sums realized by the City relating to any relocation costs and interest thereon upon enforcement or liquidation of any property acquired by virtue of enforcement.
[MC 1998-19, July 6, 1998]
(a) 
In the event that relocation costs to be paid to the City shall not be paid as and when due, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs may be recovered by the City in a civil action as a personal debt of the owner of the real property. If the owner of the real property is a corporation, the directors, officers, and each shareholder who controls more than five percent (5%) of the total voting shares of the corporation shall be personally liable, jointly and severally for the relocation costs.