Chapter 10 Building and Housing

If the Township of Mahwah 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 Mahwah 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 Mahwah, 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 Bergen County Clerk.

Intent to maintain abandoned property.

Failure of an owner or lienholder to remove the property from the abandoned property list within the period of time for appeal of inclusion of the property on the list pursuant to N.J.S.A. 55:19-55 shall be prima facie evidence of the intent of the owner that the property is abandoned property.

The clearance, development, redevelopment, or repair of property being maintained as an abandoned property pursuant to paragraph 3 of this subsection shall be considered a public purpose and public use, for which the power of eminent domain may be lawfully exercised.

Removal of property from abandoned property list.

An owner may request removal of his/her/its property from the abandoned property list prior to sale of the tax sale certificate by paying all taxes and Township liens due, including interest and penalties, and:

By posting a certified check, money order, 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 a certified check, money order, 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 certified check, money order, or bond adequately covers the cost of the cleanup; or

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 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.

If the owner has posted a certified check, money order, or 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.

Expedited action to foreclose right of redemption.

When a person or entity other than the Township 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.

Notwithstanding N.J.S.A. 54:5-104.34, when the Township of Mahwah 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 a certified check, money order, 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 pursuant to N.J.S.A. 55:19-55 have been remedied in full.

Entry of final judgment barring right of redemption; grounds for reopening judgment.

Once a final judgment barring the right of redemption with respect to a property on the list of abandoned properties has been recorded, no court shall reopen such judgment at any time except on the grounds of lack of jurisdiction or fraud in the conduct of the action; in any such proceeding, the provisions of N.J.S.A. 55:19-20 et seq. shall be construed liberally in favor of the purchaser, assignee or transferee of the tax sale certificate.

Property deemed not abandoned; criteria; certification of abandonment provided upon request.

If an entity other than the Township 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 pursuant to N.J.S.A. 55:19-55 if:

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 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 55:19-82.

Transfer of possession and control 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 Mahwah may be brought by the Township in the Superior Court, Bergen County. If the court shall find that the property is abandoned pursuant to N.J.S.A. 55:19-81 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 a rehabilitation plan.

Where the Township has been granted possession and control, the Township 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.

Failure by the owner, mortgage holder or lienholder 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 prima facie evidence that the owner has failed to take any action to further the rehabilitation of the property.

Property owner's defense against complaint; plan required.

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

(d)

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.

The court shall approve any plan that, in the judgment of the court, is realistic and likely to result in the expeditious rehabilitation and reuse of the property which is the subject of the complaint.

If the court approves the owner's plan, 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 shall provide bimonthly reports to the public officer on its activities and progress toward rehabilitation and reuse of the property.

The court may reject a plan and bond if it finds that the plan does not represent a realistic and expeditious means of ensuring the rehabilitation of the property or that the owner or his representative or agents, or both, lack the qualifications, background or other criteria necessary to ensure that the plan will be carried out successfully.

Owner's unsuccessful defense against complaint; mortgage holders or lienholders to be designated in possession of 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 lienholder 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 lienholder with an extension of time for good cause shown. If the court approves any such mortgage holder or lienholder'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 monitor of the party's compliance.

The mortgage holder or lienholder, 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 lienholder 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 lienholder granted possession of a property pursuant to Subsection A of this section, including court costs and reasonable attorneys' fees, may be added to the unpaid balance due that mortgage holder or lienholder, with interest calculated at the same rate set forth in the note or security agreement, or, in the case of a tax lienholder, at the statutory interest rate for subsequent liens.

Township to be designated in possession of property; submission of plan to court.

If no mortgage holder or lienholder 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.

The court shall grant the Township or qualified rehabilitation entity possession of the property if it finds that:

The proposed rehabilitation and reuse of the property is appropriate and beneficial;

The Township or qualified rehabilitation entity is qualified to undertake the rehabilitation and reuse of the property; and

The plan submitted by the Township or qualified rehabilitation entity represents a realistic and timely plan for the rehabilitation and reuse of the property.

The Township or qualified rehabilitation entity shall take all steps necessary and appropriate to further the rehabilitation and reuse of the property consistent with the plan submitted to the court. In making its findings pursuant to this subsection, the court may consult with qualified parties, including the New Jersey Department of Community Affairs, and, upon request by a party in interest, may hold a hearing on the plan.

Where either a redevelopment plan pursuant to N.J.S.A. 40A:12-1 et seq. or a neighborhood revitalization plan pursuant to N.J.S.A. 52:27D-490 et seq. has been adopted or approved by the New Jersey Department of Community Affairs, as appropriate, encompassing the property which is subject of a complaint, the court shall make a further finding that the proposed rehabilitation and reuse of the property are not inconsistent with any provision of either plan.

Township exercise of rights to further rehabilitation and reuse of property; designation of qualified rehabilitation entity.

The Township may exercise its rights under N.J.S.A. 55:19-78 et seq. directly or 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 plans and objectives. This designation shall be made by resolution of the Township Council of the Township of Mahwah.

Regardless of whether the Township exercises its rights directly or designates a qualified rehabilitation entity pursuant to this section, while in possession of a property pursuant to N.J.S.A. 55:19-78 et seq., the Township shall maintain, safeguard, and maintain insurance on the property. Notwithstanding the Township's possession of the property, nothing in N.J.S.A. 55:19-78 et seq. shall be deemed to relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner.

Township deemed possessor of property; borrowing of funds; reporting and filing requirements.

If the Township has been granted possession of the property pursuant to N.J.S.A. 55:19-89, the Township shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.

For purposes of any state program of grants or loans, including but not limited to programs of the New Jersey Department of Community Affairs and the New Jersey Housing and Mortgage Finance Agency, possession of a property under this subsection shall be considered legal control of the property.

Notwithstanding the granting of possession to the Township, nothing in N.J.S.A. 55:19-78 et seq., shall be deemed to relieve the owner of the property of any obligation the owner or any other person may have for the payment of taxes or other Township liens and charges, or mortgages or liens to any party, whether those taxes, charges or liens are incurred before or after the granting of possession.

The granting of possession shall not suspend any obligation the owner may have as of the date of granting possession for payment of any operating or maintenance expense associated with the property, whether or not billed at the time of the granting of possession.

The court may approve the borrowing of funds by the Township 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 lienholder, which declined to provide such financing on reasonable terms;

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

Lien priority is necessary in order to induce another lender to provide financing on reasonable terms. No lien authorized by the court shall take effect unless recorded with the Clerk of Bergen County.

Where the Township has been granted possession by the court in the name of the Township, the Township may seek the approval of the court to assign its rights to another entity, which approval shall be granted by the court when it finds that:

The entity to which the Township's rights will be assigned is a qualified rehabilitation entity; and

The assignment will further the purposes of this section.

Where the Township has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide bimonthly reports to the Township on its activities and progress toward rehabilitation and reuse of the property. The Township or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the Township or its designee has failed to take diligent action toward rehabilitation of the property within one year from the grant of possession, then the court may request that the Township designate another qualified rehabilitation entity to exercise its rights or, if the Township fails to do so, may terminate the order of possession and return possession and control of the property to its owner.

The Township shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the Township has determined that no more than six months remain to the anticipated date on which rehabilitation will be complete. This notice shall include an affidavit of the public officer, attesting that the rehabilitation is anticipated to be completed within that time period, and a statement setting forth the actions as it plans to undertake consistent with the plan.

Petition for reinstatement of control and possession by owner.

An owner may petition for reinstatement of the owner's control and possession of the property at any time after one year from the court's removal of possession, but no later than 30 days after the Township has filed a notice of completion with the court or, in the event the notice of completion is filed within less than one year of the grant of possession, within 30 days after the Township has filed said notice.

The court may allow additional time for good cause if that additional time does not materially delay completion of the rehabilitation, place undue hardship on the Township or affect any of the terms or conditions under which the Township has applied for or received financing for the rehabilitation of the property.

Any petition to reinstate the owner's control and possession of the property filed pursuant to N.J.S.A. 55:19-92 shall:

Include a plan for completion of the rehabilitation and reuse of the property consistent with the plan previously approved by the court;

Provide legally binding assurance that the owner will comply with all conditions of any grant or loan secured by the Township or repay those grants or loans in full, at the discretion of the maker of the loan or grant; and

Be accompanied by payment equal to the sum of all Township liens outstanding on the property; all costs incurred by the Township in bringing action with respect to the property; any costs incurred by the Township not covered by grants or loans to be assumed or repaid pursuant to this section; and any costs remaining to complete rehabilitation or reuse of the property, as determined by the public officer, which payment shall be placed in escrow with the clerk of the court ending disposition of the petition.

Obligation of owner prior to grant of petition.

Prior to the granting of a petition on the part of the owner by the court pursuant to N.J.S.A. 55:19-92; the owner may be required to post a bond or other security in an amount determined by the court, after consultation with the public officer, as likely to ensure that the owner will continue to maintain the property in sound condition. That bond or other security shall be made available to the Township to make any repair on the property in the event of a code violation which is not corrected in timely fashion by owner. The bond or other security may be forfeited in full in the event that the owner fails to comply with any requirement imposed as a condition of the reinstatement petition filed pursuant to N.J.S.A. 55:19-92.

The owner may seek approval of the court to be relieved of this requirement after five years, which shall be granted if the court finds that the owner has maintained the property in good repair during that period, that no material violations affecting the health and safety of the tenants have occurred during that period, and that the owner has remedied other violations in a timely and expeditious fashion.

Failure of owner to petition for reinstatement of control and possession of property; granting of title to Township; authority to sell.

If the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the Township has filed a notice of completion or, in any event, within two years after the initial grant of 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 Township title or authorize the Township to sell the property, subject to the provisions of N.J.S.A. 55:19-96.

Procedure for Township to place liens, obtain title and sell property.

The Township, with the approval of the court, may place a lien on the property to cover any costs of the Township 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 Township lien for the purposes of N.J.S.A. 54:5-9, with the rights and status of a Township lien pursuant thereto.

Where the Township 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.

The court may authorize the Township to sell the building free and clear of liens, claims 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.

The Township may seek approval of the court to sell the property to a third party when the court finds that such conveyance will further the effective and timely rehabilitation and reuse of the property.

Upon approval by the court, the Township 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.

Distribution of proceeds.

The proceeds paid pursuant to Subsection c of N.J.S.A. 55:19-96 shall be distributed in the following order of priority:

The costs and expense of sale;

Other governmental liens;

Repayment of principal and interest on any borrowing or indebtedness incurred by the Township and granted priority lien status pursuant to Subsection a of N.J.S.A. 55:19-98;

(d)

A reasonable development fee to the Township consistent with the standards for development fees established for rehabilitation by the New Jersey Department of Community Affairs or the New Jersey Housing and Mortgage Finance Agency;

(e)

Other valid liens and security interest, in accordance with their priority; and

(f)

The owner.

Recourse of Township; public officer authority to place lien; remedies.

With respect to any lien placed against real property pursuant to the provisions of N.J.S.A. 40:48-2.3, 40:48-2.5, or 40:48-2.3a, or any receiver's lien pursuant to N.J.S.A. 2A:42-114 et seq., the Township shall have recourse with respect to the lien against any assets of the owner of the property if an individual, against any assets of any partner if a partnership, and against any asset of any owner of a 10% interest or greater if the owner is any other business organization or entity recognized pursuant to law.

The public officer, with the approval of the court, may place a lien on the property to cover any costs of the Township in connection with a proceeding under N.J.S.A. 55:19-78 et seq., incurred prior to the grant by the court of an order of possession under N.J.S.A. 55:19-78 et seq. 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 Township lien for the purposes of N.J.S.A. 54:5-9, with the rights and status of a Township lien pursuant thereto.

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. 55:19-78 et seq. shall be available to the Township with respect to any abandoned property, whether or not the Township has established an abandoned property list and whether or not the property at issue has been included on any such list.

Special tax sale and criteria for bidders.

The Township 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 Township 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 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 Township 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 Township may establish minimum bid requirements for a special tax sale that are less than the full amount of the taxes, interest and penalties due, the amount of such minimum bid to be at the sole discretion of the Township, in order to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest.

The Township 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 Township 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 Township, and any amount paid by the purchaser to the Township 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 to this section and his/her/its 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 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 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.

Removal of property from abandoned property list.

A property on which an entity, other than the Township, 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.

Interested parties may request additions to abandoned property list.

Any interested party may submit a written request to the public officer asserting that any property within the Township should be included on the abandoned property list prepared pursuant to N.J.S.A. 55:19-55, specifying 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, any owner or operator of a business within the Township 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.

§ 10-8.3 Miscellaneous Provisions.

[Added 10-16-2023 by Ord. No. 2014]

Additional Authority.

Unoccupied, Blighted and Nuisance Properties. With respect to any Unoccupied Property, Blighted Property and/or Nuisance Property, as those terms are defined within subsection 10-8.1, that does not otherwise fall within the provisions of "Vacant and Abandoned Property" and "Abandoned Property," the Enforcement Officer shall be authorized to require that the owner, Creditor, Property Management Company or other Responsible Party for such property to undertake reasonable measures to secure, maintain, repair, make safe or otherwise require that such property does not become or continue to be blighted property at any time, including pre-demolition, pre-construction, construction and rehabilitation phase until a final certificate of occupancy and/or certificate of habitability is obtained.

If the Enforcement Officer has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety and welfare, the enforcement officer may temporarily secure the property at the expense of the mortgagee, Creditor and/or owner and may issue summonses and complaints as soon as possible to address the blighting conditions of the property, whether occupied, unoccupied, and/or vacant and abandoned.

The Enforcement Officer shall have the authority to require the owner, mortgagee, Creditor and/or, property management company, occupant, Responsible Party and/or the agents, of any Unoccupied Property, Blighted Property and/or Nuisance Property, to implement additional maintenance and/or security measures to address or mitigate the impact of any blighting conditions at any time leading up to, during or after completion of any renovation/redevelopment project or foreclosure process., including but not limited to securing any and all doors, windows or other openings, employment of an on-site security guard, requirements of fire watch in accordance with this Code, require property to be demolished, or other measures as may be reasonably required to help prevent the further decline of the property.

If there is a finding that the condition of the property is posing a threat to the public health, safety and welfare, then the Enforcement Officer may direct the Township to abate the violates and charge the mortgagee, Creditor, Responsible Party and/or owner with the cost of the abatement.

If the mortgagee, owner, Creditor or other Responsible Party does not reimburse the Township for the cost of temporarily securing the property, or of any abatement directed by the Enforcement Officer within 30 days of the Township sending the mortgagee owner or Creditor, Property Management Company and/or other Responsible Party the invoice, then such amounts, together with an administrative fee of $500 to address the Township's administrative costs and expense shall be a lien against the property and recorded and collected as provided by the statutes of the State of New Jersey in the same manner as set forth herein above.

Inspections; Right of Entry; Denial of Entry.

The Owner, Creditor, Mortgagee, Responsible Party and/or property management company, and/or any authorized agent thereof of any Unoccupied, Abandoned, and/or Vacant and Abandoned Property must provide the Township Enforcement Officer with access to the property for the purpose of conducting interior and exterior inspections to determine compliance with all applicable laws, regulations, codes and ordinances. The Township Enforcement Officer shall provide the Owner, tenant, Creditor, Mortgagee, Responsible Party and/or property management company, and/or any authorized agent thereof with reasonable notice of such inspection, which shall be carried out during regular business hours, or at such other times as circumstances warrant or as agreed to by the parties.

When the Enforcement Officer believes or has reason to believe that violations of the provisions of this code exist, he/she shall make or cause to be made inspections to determine the condition of such suspect structures and premises in order to safeguard the safety and welfare of the public under the provisions of this Code.

The Enforcement Officer is authorized to enter any structure or premises at any reasonable time for the purpose of performing his duties under this Code.

All inspections as provided for herein shall be made with the permission of either Owner, Creditor, Mortgagee, Responsible Party and/or property management company, or any authorized agent thereof of any Unoccupied, Abandoned, and/or Vacant and Abandoned Property. When requesting such permission, the Enforcement Officer shall advise the Owner, Creditor, Mortgagee, Responsible Party and/or property management company of his/her right to refuse such permission. In the event that such permission is denied to the Enforcement Officer upon request, the provisions of subsection 10-8.3c of this chapter shall be complied with.

Issuance of search warrant when entry refused.

Where any Enforcement Officer or duly appointed inspector is refused entry or access or is otherwise impeded or prevented from conducting an inspection pursuant to this chapter by Owner, Creditor, Mortgagee, Responsible Party and/or property management company, or any authorized agent thereof of any Unoccupied, Abandoned, and/or Vacant and Abandoned Property, the Enforcement Officer is authorized upon affidavit, apply to the Judge of the Municipal Court of the Township of Mahwah for an administrative search warrant. If the Judge is satisfied as to the matter set forth in said affidavit and if he/she finds that probable cause for issuance of the search warrant exists, he/she shall authorize the issuance of a search warrant permitting access to and inspection of the particularly described building in a particularly described area.

Probable cause permitting the issuance of the aforesaid search warrant may include but is not limited to the following:

The passage of time.

The nature of the building or buildings.