(Ord. #2013-13 § 1)
Definitions relating to abandoned property (from N.J.S.A. 55:
19-54):
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.);
A person designated or appointed by the municipal governing
body pursuant to Section 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5).
The Code Enforcement Official(s) and Construction Official shall serve
as the public officer for purposes of carrying out this chapter.
(Ord. #2013-13 § 1)
A.
Inventory of abandoned property; list to be maintained; publication
in official newspaper; notice to owner of record; challenge by owner
(from N.J.S.A. 55:19-55): The Township of Plumsted may direct the
public officer to identify abandoned property for the purpose of establishing
an abandoned property list throughout the Township, or within those
parts of the Township as the governing body may designate. Each item
of abandoned property so identified shall include the tax block and
lot number, the name of the owner of record, if known, and the street
address of the lot.
(1)
The public officer shall establish and maintain a list of abandoned
property, to be known as the "abandoned property list." The Township
of Plumsted may add properties to the abandoned property list but
they 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
Plumsted 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 in accordance with the provisions of Section 29
of P.L. 2003, c. 210 (N.J.S.A. 55:19-103).
(2)
The public officer shall establish the abandoned property list or
any additions thereto by publication in the official newspaper of
the Township of Plumsted, which publication shall constitute public
notice, and, within ten (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 subsection d. of N.J.S.A. 54:4-64. 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 Section 5 of P.L. 1942, c. 112 (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 in Section 35 of P.L. 1996, c. 62 (N.J.S.A.
55:19-54) and the rules and regulations promulgated thereunder, specifying
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 county clerk or registrar of deeds and
mortgages, as the case may be, of the county wherein the property
is situate. This filing shall have the same force and effect as a
notice of lis pendens under N.J.S.A. 2A: 15-6. The notice shall be
indexed by the name of the property owner as defendant and the name
of the Township as plaintiff, as though an action had been commenced
by the Township against the owner.
(3)
An owner or lienholder may challenge the inclusion of his property on the abandoned property list determined pursuant to Subsection A(2) of this section by appealing that determination to the public officer within thirty (30) days of the owner's receipt of the certified notice or forty (40) days from the date upon which the notice was sent. An owner whose identity was not known to the public officer shall have forty (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 thirty (30) days of receipt of a request for an appeal of the findings contained in the notice pursuant to Subsection A(4) of this section, 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 by the property owner averring 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, and 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 in Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The public officer shall decide any timely filed appeal within ten (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.
(4)
The property owner may challenge an adverse determination of an appeal with the public officer pursuant to Subsection A(4) of this section, by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, sitting in the county in which the property is located, which action shall be tried de novo. Such action shall be instituted within twenty (20) days of the date of the notice of decision mailed by the public officer pursuant to Subsection A(3) of this section. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in Section 35 of P.L. 1996, c. 62 (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.
(5)
The public officer shall promptly remove any property from the abandoned
property list that has been determined not to be abandoned on appeal.
(6)
The abandoned property list shall become effective, and the Township
of Plumsted shall have the right to pursue any legal remedy with respect
to properties on the abandoned property list at such time as any one
property has been placed on the list in accordance with the provisions
of this section, upon the expiration of the period for appeal with
respect to that property or upon the denial of an appeal brought by
the property owner.
(Ord. #2013-13 § 1)
Sale of tax lien on abandoned property; remediation costs (from
N.J.S.A. 55: 19-56):
A.
Sale of tax lien on abandoned property. Notwithstanding
N.J.S.A. 54:5-19 or the provisions of any other law to the contrary,
if property is included on the abandoned property list and the property
taxes or other Township liens due on the property are delinquent six
or more quarters as of the date of expiration of the right to appeal
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 in 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, as appropriate. The Township
of Plumsted 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 Section 36 of P.L. 1996, c.
62 (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
of Plumsted 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 Section 3 of P.L. 2003, c. 210 (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
one thousand five hundred dollars ($1,500.) pursuant to N.J.S.A. 54:4-67
of the Township of Plumsted in effect for the time period when the
amounts were expended. The tax sale certificate purchaser, assignee
or transferee, under the auspices and with the Authority of the Township
of Plumsted, 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 Plumsted harmless is filed with the public officer. If the tax
sale certificate is not purchased at the initial auction of the tax
sale certificate and the Township of Plumsted purchases the certificate
pursuant to N.J.S.A. 54:5-34, then the Township of Plumsted is authorized
and empowered to convey and transfer to the Authority or any of its
subsidiaries, without receiving compensation therefor, all of its
right, title and interest in that certificate; however, any portion
of the amount paid to the Tax Collector to redeem the tax sale certificate
that represents tax or other Township lien delinquencies and subsequent
Township liens, including interest, shall be returned by the Tax Collector
of the Township of Plumsted.
B.
Remediation.
(1)
If the Township of Plumsted acquires the tax sale certificate for
a property on the abandoned property list, then, upon ten (10) days'
written notice to the property owner and any mortgagee as of the date
of the filing of the lis pendens notice under Subsection d. of Section
36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), that entity 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 of Plumsted or Authority
or its subsidiary, as appropriate, 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 Plumsted or Authority or its
subsidiaries, as appropriate, in order to ensure performance. The
amount and conditions of the bond shall be determined by the public
officer.
(2)
The cost of remediation incurred by the Township of Plumsted pursuant
to this subsection, 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
of Plumsted, except for Township taxes, liens and assessments and
any lien imposed pursuant to the "Spill Compensation and Control Act,"
P.L. 1976, c. 141 (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 county clerk or
registrar of deeds and mortgages, as appropriate, in the county in
which the property is located.
C.
Failure to remediate.
(1)
Failure of an owner or lienholder to remove a property from the abandoned
property list within the period of time for appeal of inclusion of
the property on the list pursuant to Subsection e. of Section 36 of
P.L. 1996, c. 62 (N.J.S.A. 55:19-55), shall be prima facie evidence
of the intent of the owner to continue to maintain the property as
abandoned property.
(Ord. #2013-13 § 1)
Removal of property from list of abandoned properties; remediation
(from N.J.S.A. 55: 19-57):
A.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
Township liens due, including interest and penalties, and:
(1)
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 Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and
posting cash or a bond to cover the cost of any environmental cleanup
required on the property, evidenced by a certification by a licensed
engineer retained by the owner and reviewed and approved by the public
officer stating that the cash or bond adequately covers the cost of
the cleanup; or
(2)
By demonstrating to the satisfaction of the public officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where the public officer finds that
the owner is actively engaged in remediating the conditions because
of which the property was determined to be abandoned pursuant to Section
36 of P.L. 1996, c. 62 (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 one hundred twenty (120) days
for the owner to complete all work, during which time no further proceedings
will be taken against the owner or the property.
B.
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 (1) 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 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.
(Ord. #2013-13 § 1)
Acquisition of tax sale certificate for abandoned property;
action to foreclose right of redemption (from N.J.S.A. 55:19-58):
A.
When a person other than the Township of Plumsted acquires a tax
sale certificate for a property on the abandoned property list at
tax sale, the purchaser may institute an action to foreclose the right
of redemption at any time after the expiration of six (6) months following
the date of the sale of the tax sale certificate.
B.
When the Township of Plumsted is the purchaser at tax sale of any
property on the abandoned property list pursuant to N.J.S.A. 54:5-34,
an action to foreclose the right of redemption may be instituted in
accordance with the provisions of Subsection b. of N.J.S.A. 54:5-77.
C.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
(1)
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 Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), as determined
by the court; or
(2)
Demonstrates to the court that the conditions because of which the
property was determined to be abandoned pursuant to Section 36 of
P.L. 1996, c. 62 (N.J.S.A. 55:19-56) have been remedied in full.
(Ord. #2013-13 § 1)
A.
Entry of final judgment barring right of redemption; grounds for
reopening judgment (from N.J.S.A. 55:19-59). 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 P.L. 1996, c. 62 (N.J.S.A. 55:19-20 et al.) shall be
construed liberally in favor of the purchaser, assignee or transferee
of the tax sale certificate.
