(Ord. #2013-13 § 1)
A.
Abandoned properties create a wide range of problems for the Township
of Plumsted, fostering criminal activity, creating public health problems
and otherwise diminishing the quality of life for residents and business
operators in those areas.
B.
Abandoned properties diminish the property values of neighboring
properties and have a negative effect on the quality of life of adjacent
property owners, increasing the risk of property damage through arson
and vandalism and discouraging neighborhood stability and revitalization.
C.
For these reasons, abandoned properties are presumptively considered
to be nuisances, in view of their negative effects on nearby properties
and the residents or users of those properties.
D.
The continued presence of abandoned properties in the Township of
Plumsted acts as a significant barrier to the Township's continued
progressive development and revitalization.
E.
The responsibility of a property owner to maintain a property in
sound condition and prevent it from becoming a nuisance to others
extends to properties which are not in use and "demolition by neglect,"
leading to the deterioration and loss of the property, or failure
by an owner to comply with legitimate orders to demolish, stabilize
or otherwise repair his or her property creates a presumption that
the owner has abandoned the property.
(Ord. #2013-13 § 1)
As used in this chapter, the following terms shall have the
meanings indicated:
The New Jersey Department of Community Affairs.
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
The holder or holders of title to an abandoned property.
Any building or structure and the land appurtenant thereto.
The person designated by the Township of Plumsted pursuant to Section 1A-1 of this Chapter or any officer of the Township of Plumsted qualified to carry out the responsibilities set forth in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.)
An entity organized or authorized to do business under the
New Jersey statutes, which shall have as one of its purposes the construction
or rehabilitation of residential or nonresidential buildings, the
provision of affordable housing, the restoration of abandoned property,
the revitalization and improvement of urban neighborhoods, or similar
purpose, and which shall be well qualified by virtue of its staff,
professional consultants, financial resources, and prior activities
set forth in P.L. 2003, c. 10 (N.J.S.A. 55:19-78 et al.) to carry
out the rehabilitation of vacant buildings in urban area.
(Ord. #2013-13 § 1)
A.
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A. 55:19-83),
any property that has not been legally occupied for a period of six
(6) months and which meets any one of the following additional criteria
may be deemed to be abandoned property upon a determination by the
public officer that:
(1)
The property is in need of rehabilitation in the reasonable judgment
of the public officer, and no rehabilitation has taken place during
that six-month period;
(2)
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 (6) months as of
the date of a determination by the public officer pursuant to this
section;
(3)
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes 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 Section 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-82).
B.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) so long as two-thirds (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 and the property meets the criteria of either Subsection A(1) or A(4) of this section.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-81.
A.
A property may be determined to be a nuisance if:
(1)
The property has been found to be unfit for human habitation, occupancy
or use pursuant to Section 1 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3);
(2)
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
(3)
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 Township of
Plumsted has secured the property in order to prevent such hazards
after the owner has failed to do so;
(4)
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds have created
potential health and safety hazards and the owner has failed to take
reasonable and necessary measures to remove the hazards; or
(5)
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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-82.
(Ord. #2013-13 § 1)
A.
If an entity other than the Township of Plumsted 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 (6)
months, that property shall not be placed on the abandoned property
list pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55)
if (1) the owner of the certificate has continued to pay all Township
of Plumsted taxes and liens on the property in the tax year when due;
and (2) the owner of the certificate takes action to initiate foreclosure
proceedings within six (6) months after the property is eligible for
foreclosure pursuant to either Subsection a. or Subsection b. of N.J.S.A.
54:5-86, as appropriate, and diligently pursues foreclosure proceedings
in a timely fashion thereafter.
B.
A property which is used on a seasonal basis shall be deemed to be
abandoned only if the property meets any two (2) of the additional
criteria set forth in Section 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
C.
A determination that a property is abandoned property under the provisions
of P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) shall not constitute
a finding that the use of the property has been abandoned for purposes
of municipal zoning or land use regulation.
D.
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. 5:45-86, the public officer or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of abandoned according to the criteria set forth in Sections 4 and 5 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-83.
(Ord. #2013-13 § 1)
A.
A summary action or otherwise to transfer possession and control
of abandoned property in need of rehabilitation to the Township of
Plumsted may be brought by the Township of Plumsted in the Superior
Court in the county in which the property is situated. If the court
shall find that the property is abandoned pursuant to Section 4 of
P.L. 2003, c. 210 (N.J.S.A. 55:19-81) and the owner or party in interest
has failed to submit and initiate a rehabilitation plan, then the
court may authorize the Township of Plumsted to take possession and
control of the property and develop a rehabilitation plan.
B.
The Township of Plumsted granted possession and control 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, necessary to 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 of the property
as provided in Section 15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
C.
Failure by the owner, mortgage holder or lienholder to submit plans
for rehabilitation to the Township of Plumsted, obtain appropriate
construction permits for rehabilitation or, in the alternative, submit
formal applications for funding the cost of rehabilitation to local,
state or federal agencies providing such funding within that 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.
[1]
Editor's Note: Adopted from N.J. S. A. 55:19-81.
(Ord. #2013-13 § 1)
A complaint filed pursuant to Section 7 of P.L. 2003, c. 210
(N.J.S.A. 55:19-84) shall include:
A.
Documentation that the property is on the municipal abandoned property
list or a certification by the public officer that the property is
abandoned; and
B.
A statement by an individual holding appropriate professional qualifications
that there are sound reasons that the building should be rehabilitated
rather than demolished based upon the physical, aesthetic or historical
character of the building or the relationship of the building to other
buildings and lands within its immediate vicinity.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-85.
(Ord. #2013-13 § 1)
A.
Within ten (10) days of filing a complaint pursuant to P.L. 2003,
c. 210 (N.J.S.A. 55:19-78 et al.), the plaintiff shall file a notice
of lis pendens with the county recording officer of the county within
which the building is located.
B.
At least thirty (30) days before filing the complaint, the Township
of Plumsted shall serve a notice of intention to take possession of
an abandoned building. The notice shall inform the owner and interested
parties that the property has not been legally occupied for six (6)
months and of those criteria that led to a determination of abandonment
pursuant to Section 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
(1)
The notice shall provide that unless the owner or a party in interest
prepares and submits a rehabilitation plan to the appropriate Township
of Plumsted officials, the Township of Plumsted will seek to gain
possession of the building to rehabilitate the property and the associated
cost shall be a lien against the property, which may be satisfied
by the sale of the property, unless the owner applies to the court
for reinstatement of control of the property as provided in Section
15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
(2)
After the complaint is filed, the complaint shall be served on the
parties in interest in accordance with the New Jersey Rules of Court.
C.
After serving the notice of intent pursuant to Subsection B of this section, the Township of Plumsted or its designee may enter upon that property after written notice to the owner by certified mail, return receipt requested, in order to secure, stabilize or repair the property, or in order to inspect the property for purposes of preparing the plan to be submitted to the court pursuant to Section 12 of P.L. 2003, c. 210 (N.J.S.A. 55:19-89).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-86.
(Ord. #2013-13)
A.
Any owner may defend against a complaint filed pursuant to Section
7 of P.L. 2003, c. 210 (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 one hundred twenty-five
percent (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
sixty (60) days after the complaint has been filed, unless the court
provides the owner with an extension of time for good cause shown.
B.
A plan submitted by an owner pursuant to this section shall include,
but not be limited to:
(1)
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;
(2)
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;
(3)
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.
C.
Court approval.
(1)
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.
(2)
If the court approves the owner's plan, then it may appoint the public
officer to act as monitor of the owner's compliance. If the owner
fails to carry out any step in the approved plan, then the Township
of Plumsted may apply to the court to have the owner's bond forfeited,
possession of the building transferred to the Township of Plumsted
to complete the rehabilitation plan and authorization to use the bond
proceeds for rehabilitation of the property.
(3)
The owner shall provide quarterly reports to the Township of Plumsted
on its activities and progress toward rehabilitation and reuse of
the property. The owner shall provide those reports to the court on
its activities that the court determines are necessary.
D.
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 representatives or agents,
or both, lack the qualifications, background or other criteria necessary
to ensure that the plan will be carried out successfully.
[1]
Editor's Note: Adopted from N.J.S.A. 55: 19-87.
(Ord. #2013-13 § 1)
A.
If an owner is unsuccessful in defending against a complaint filed
pursuant to Section 7 of P.L. 2003, c. 210 (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 Section 10 of P.L. 2003, c. 210 (N.J.S.A.
55:19-87). The plan shall be submitted within sixty (60) days after
the court has rejected 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's 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.
(1)
The mortgage holder or lienholder, as the case may be, shall provide
quarterly reports to the court and the Township of Plumsted on its
activities and progress toward rehabilitation and reuse of the property.
(2)
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 bond forfeit, grant the Township of Plumsted
possession of the property, and authorize the Township of Plumsted
to use the proceeds of the bond for rehabilitation of the property.
B.
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 attorney's 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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-88.
(Ord. #2013-13 § 1)
A.
If no mortgage holder or lienholder meets the conditions of Section
11 of P.L. 2003, c. 210 (N.J.S.A. 55:19-88), then the Township of
Plumsted shall submit a plan to the court which conforms with the
provisions of Subsection b. of Section 10 of P.L. 2003, c. 210 (N.J.S.A.
55:19-87). The plan shall designate the entity which shall implement
the plan, which may be the Township of Plumsted or that entity designated
in accordance with the provisions of Section 13 of P.L. 2003, c. 210
(N.J.S.A. 55:19-90).
B.
The court shall grant the Township of Plumsted possession of the
property if it finds that:
(1)
The proposed rehabilitation and reuse of the property is appropriate
and beneficial;
(2)
The Township of Plumsted is qualified to undertake the rehabilitation
and reuse of the property; and
(3)
The plan submitted by the Township of Plumsted represents a realistic
and timely plan for the rehabilitation and reuse of the property.
C.
The Township of Plumsted 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 section, the court may consult with qualified parties, including
the Department of Community Affairs, and, upon request by a party
in interest, may hold a hearing on the plan.
D.
Where either a redevelopment plan pursuant to P.L. 1992, c. 79 (N.J.S.A.
40A:12A-1 et seq.) or a neighbor-hood revitalization plan pursuant
to P.L. 2001, c. 415 (N.J.S.A. 52:27D-490 et seq.) has been adopted
or approved by the Department of Community Affairs, as appropriate,
encompassing the property which is the 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.
[1]
Editor's Note: Adopted from N.S.J.A. 55:19-89
(Ord. #2013-13 § 1)
A.
The Township of Plumsted may exercise its rights under P.L. 2003,
c. 210 (N.J.S.A. 55:19-78 et al.) directly, or may designate a qualified
rehabilitation entity to act as its designee 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.
This designation shall be made by resolution of the Mayor and the
Council of the Township of Plumsted, the governing body or Mayor,
as the case may be, may delegate this authority to the public officer.
B.
Regardless of whether the Township of Plumsted exercises its rights
directly or designates a qualified rehabilitation entity pursuant
to this section, while in possession of a property pursuant to P.L.
2003, c. 210 (N.J.S.A. 55:19-78 et al.), the Township of Plumsted
shall maintain, safeguard, and maintain insurance on the property.
Notwithstanding the Township's possession of the property, nothing
in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) 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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-90.
(Ord. #2013-13 § 1)
A.
If the Township of Plumsted has been granted possession of a property
pursuant to Section 12 of P.L. 2003, c. 210 (N.J.S.A. 55:19-89), that
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.
(1)
For the purposes of any state program of grants or loans, including
but not limited to programs of the Department of Community Affairs
and the New Jersey Housing and Mortgage Finance Agency, possession
of a property under this section shall be considered legal control
of the property.
(2)
Notwithstanding the granting of possession to the Township of Plumsted,
nothing in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) 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
of Plumsted 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.
(3)
The granting of possession shall not suspend any obligation the owner
may have as of the date of the granting of 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.
B.
The court may approve the borrowing of funds by the Township of Plumsted
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 shall find
that: 1) the Township of Plumsted sought to obtain the necessary financing
from the senior lienholder, which declined to provide such financing
on reasonable terms; 2) the Township of Plumsted sought to obtain
a voluntary subordination from the senior lienholder, which refused
to provide such subordination; and 3) 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
in the office of the clerk of the county in which the property is
located. For the purposes of this section, the cost of rehabilitation
shall include reasonable nonconstruction costs such as architectural
fees or construction permit fees customarily included in the financing
of the rehabilitation of residential property.
C.
Where the Township of Plumsted has been granted possession by the
court in the name of the Township, the Township of Plumsted 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: 1)
the entity to which the Township's rights will be assigned is a qualified
rehabilitation entity; and 2) the assignment will further the purposes
of this section.
D.
Where the Township of Plumsted has designated a qualified rehabilitation
entity to act on its behalf, the qualified rehabilitation entity shall
provide quarterly reports to the Township of Plumsted on its activities
and progress toward rehabilitation and reuse of the property. The
Township of Plumsted 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 of Plumsted
or its designee have failed to take diligent action toward rehabilitation
of the property within one year from the grant of possession, then
the court may request the Township of Plumsted to designate another
qualified rehabilitation entity to exercise its rights, or if the
Township of Plumsted fails to do so, may terminate the order of possession
and return the property to its owner.
E.
The Township of Plumsted 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 of Plumsted has determined
that no more than six (6) months remain to the anticipated date on
which rehabilitation will be complete. This notice shall include an
affidavit of the public officer attesting that rehabilitation can
realistically be anticipated to be complete within that time period
and a statement setting forth such actions as it plans to undertake
to ensure that reuse of the property takes place consistent with the
plan.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-91.
(Ord. #2013-13 § 1)
A.
An owner may petition for reinstatement of the owner's control and
possession of the property at any time after one (1) year from the
grant of possession, but no later than thirty (30) days after the
Township of Plumsted has filed a notice of completion with the court
or, in the event the notice of completion is filed within less than
one (1) year of the grant of possession, within thirty (30) days after
the Township of Plumsted has filed notice.
B.
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 of Plumsted, or affect any of the terms
or conditions under which the Township of Plumsted has applied for
or received financing for the rehabilitation of the property.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-92.
(Ord. #2013-13 § 1)
Any petition for reinstatement of the owner's control and possession
of the property filed pursuant to Section 15 of P.L. 2003, c. 210
(N.J.S.A. 55:19-92) shall:
A.
Include a plan for completion of the rehabilitation and reuse of
the property consistent with the plan previously approved by the court;
B.
Provide legally binding assurances that the owner will comply with
all conditions of any grant or loan secured by the Township of Plumsted
or repay those grants or loans in full, at the discretion of the maker
of the loan or grant; and
C.
Be accompanied by payment equal to the sum of:
(1)
All Township liens outstanding on the property;
(2)
All costs incurred by the Township of Plumsted in bringing action
with respect to the property;
(3)
Any costs incurred by the Township of Plumsted not covered by grants
or loans to be assumed or repaid pursuant to this section; and
(4)
Any costs remaining to complete rehabilitation and reuse of the property,
as determined by the public officer, which payment shall be placed
in escrow with the Clerk of the Court pending disposition of the petition.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-93.
(Ord. #2013-13 § 1)
A.
Prior to the granting of a petition on the part of the owner by the
court pursuant to Section 15 of P.L. 2003, c. 210 (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 of Plumsted to make any repair on the property in
the event of a code violation which is not corrected in timely fashion
by the owner. The bond or other security may be forfeit 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 Section
15 of P.L. 2003, c. 210 (N.J.S.A. 55:19-92).
B.
The owner may seek approval of the court to be relieved of this requirement
after five (5) 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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-94.
(Ord. #2013-13 § 1)
If the owner fails to petition for the reinstatement of control
and possession of the property within thirty (30) days after the entity
in possession 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 filed pursuant to Section 15 of P.L. 2003,
c. 210 (N.J.S.A. 55:19-92), upon petition from the entity in possession,
the court may grant the Township of Plumsted title or authorize the
Township of Plumsted to sell the property, subject to the provisions
of Section 19 of P.L. 2003, c. 210 (N.J.S.A. 55:19-96).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-95.
(Ord. #2013-13 § 1)
A.
Where the Township of Plumsted 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.
(1)
The court may authorize the Township of Plumsted 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.
(2)
The proceeds of the purchase of the property shall be distributed
as set forth in Section 20 of P.L. 2003, c. 210 (N.J.S.A. 55:19-97).
B.
The Township of Plumsted 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.
C.
Upon approval by the court, the Township of Plumsted 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 Section 20 of P.L. 2003,
c.210 (N.J.S.A. 55:19-97).
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-96.
(Ord. #2013-13 § 1)
The proceeds paid pursuant to Subsection c of Section 19 of
P.L. 2003, c. 210 (N.J.S.A. 55:19-96) shall be distributed in the
following order of priority:
A.
The costs and expenses of sale;
B.
Other governmental liens;
C.
Repayment of principal and interest on any borrowing or indebtedness
incurred by the Township of Plumsted and granted priority lien status
pursuant to subsection a of Section 21 of P.L. 2003, c. 210 (N.J.S.A.
55:19-98);
D.
A reasonable development fee to the Township of Plumsted consistent
with the standards for development fees established for rehabilitation
programs by the New Jersey Department of Community Affairs or the
New Jersey Housing and Mortgage Finance Agency;
E.
Other valid liens and security interests, in accordance with their
priority; and
F.
The owner.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-97.
(Ord. #2013-13 § 1)
A.
The public officer, with the approval of the court, may place a lien
on the property to cover any costs of the Township of Plumsted in
connection with a proceeding under P.L. 2003, c. 210 (N.J.S.A. 55:19-78
et al.) incurred prior to the grant by the court of an order of possession
under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.), 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.
B.
With the exception of the holding of special tax sales pursuant to
Section 24 of P.L. 2003, c. 210 (N.J.S.A. 55:19-101), the remedies
available under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) shall
be available to the Township of Plumsted with respect to any abandoned
property, whether or not the Township of Plumsted has established
an abandoned property list as provided in Section 36 of P.L. 1996,
c. 62 (N.J.S.A. 55:19-55) and whether or not the property has been
included on any such list.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-98.
(Ord. #2013-13 § 1)
Notwithstanding any provision to the contrary in P.L. 2003,
c. 210 (N.J.S.A. 55:19-78 et al.), a court may in its discretion deny
a lienholder or mortgage holder any or all rights or remedies afforded
lienholders and mortgage holders under P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et al.), if the court finds that the owner of a property
subject to any of the provisions of P.L. 2003, c. 210 (N.J.S.A. 55:19-78
et al.) owns or controls more than a fifty percent (50%) interest
in, or effective control of, the lienholder or mortgage holder or
that the familial or business relationship between the lienholder
or mortgage holder and the owner precludes a separate interest on
the part of the lienholder or mortgage holder.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-99.
(Ord. #2013-13 § 1)
With respect to any lien placed against any real property pursuant
to the provisions of Section 1 or Section 3 of P.L. 1942, c. 112 (N.J.S.A.
40:48-2.3 or N.J.S.A. 40:48-2.5) or Section 1 of P.L. 1989, c. 91
(N.J.S.A. 40:48-2.3a) or any receiver's lien pursuant to P.L. 2003,
c. 295 (N.J.S.A. 2A:42-114 et al.), the Township of Plumsted shall
have recourse with respect to the lien against any asset of the owner
of the property, if an individual; against any asset of any partner,
if a partnership; and against any asset of any owner of a ten percent
(10%) interest or greater, if the owner is any other business organization
or entity recognized pursuant to law.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-100.
(Ord. #2013-13 § 1)
The Township of Plumsted 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 an abandoned property list established by the Township
of Plumsted pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55).
If the Township of Plumsted elects to hold a special tax sale, it
shall conduct that sale subject to the following provisions:
A.
The Township of Plumsted shall establish criteria for eligibility
to bid on properties at the sale, which may include, but shall 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 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 of Plumsted
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;
B.
The Township of Plumsted may establish minimum bid requirements for
a special tax sale that may be 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 of Plumsted, in order to ensure
that the properties to be sold will be rehabilitated or otherwise
reused in a manner consistent with the public interest;
C.
The Township of Plumsted may combine properties into bid packages,
and require that bidders place a single bid on each package, and reject
any and all bids on individual properties that have been included
in bid packages;
D.
The Township of Plumsted may sell properties subject to provisions that, if the purchaser fails to carry out any commitment that has been set forth as a condition of sale pursuant to Subsection A of this section 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 of Plumsted, and any amount paid by the purchaser to the Township of Plumsted at the special tax sale shall be forfeit to the Township;
E.
In the event there are two (2) or more qualified bidders for any
property or bid package in a special tax sale, the Township of Plumsted
may designate the unsuccessful but qualified bidder whose bid was
closest to the successful bid as an eligible purchaser;
F.
In the event that the purchaser of that property or bid package fails
to meet any of the conditions of sale established by the Township
of Plumsted pursuant to this section, and their interest in the property
or properties reverts to the Township of Plumsted, the Township of
Plumsted 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.
G.
The Township of Plumsted 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 Plumsted pursuant to Subsection B, C or D of this section. Nothing shall prohibit the Township of Plumsted from holding a special tax sale on the same day as a standard or accelerated tax sale.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-101.
(Ord. #2013-13 § 1)
With respect to any eminent domain proceeding carried out under
Section 37 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), the fair market
value of the property shall be established on the basis of an analysis
which determines independently:
A.
The cost to rehabilitate and reuse the property for such purpose
as is appropriate under existing planning and zoning regulations governing
its reuse or to demolish the existing property and construct a new
building on the site, including all costs ancillary to rehabilitation
such as, but not limited to, marketing and legal costs;
B.
The realistic market value of the reused property after rehabilitation
or new construction, taking into account the market conditions particular
to the neighborhood or subarea of the Township of Plumsted in which
the property is located; and
C.
The extent to which the cost exceeds or does not exceed the market
value after rehabilitation, or demolition and new construction, and
the extent to which any "as is" value of the property prior to rehabilitation
can be added to the cost of rehabilitation or demolition and new construction
without the resulting combined cost exceeding the market value as
separately determined. If the appraisal finds that the cost of rehabilitation
or demolition and new construction, as appropriate, exceeds the realistic
market value after rehabilitation or demolition and new construction,
there shall be a rebuttable presumption in all proceedings under this
subsection that the fair market value of the abandoned property is
zero, and that no compensation is due the owner.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-102.
(Ord. #2013-13 § 1)
If a property, which an entity other than the Township of Plumsted
has purchased or taken assignment from the Township of Plumsted of
a tax sale certificate, is placed on the abandoned property list,
the property shall be removed from the list if the owner of the certificate
pays all Township taxes and liens due on the property within thirty
(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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-103.
(Ord. #2013-13 § 1)
A.
Any interested party may submit in writing a request to the public
officer that a property be included on the abandoned property list
prepared pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-59),
specifying the street address and block and lot number of the property
to be included and the grounds for its inclusion. Within thirty (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 of abandoned properties or, if not, the
reasons for not adding the property to the list. For the purposes
of this section, "interested party" shall include any resident of
the Township of Plumsted, any owner or operator of a business within
the Township of Plumsted, or any organization representing the interests
of residents or engaged in furthering the revitalization and improvement
of the neighborhood in which the property is located.
B.
Any interested party may participate in any redetermination hearing
held by the public officer pursuant to Subsection e. of Section 36
of P.L. 1996, c. 62 (N.J.S.A. 55:19-55). Upon written request by any
interested party, the public officer shall provide the party with
at least twenty (20) days' notice of any such hearing. The party shall
provide the public officer with notice at least ten (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.
[1]
Editor's Note: Adopted from N.J.S.A. 55:19-105.
