[1968 Code § 59-1]
Every owner or tenant of lands in the Borough shall keep the
lands free of fire hazards, brush, weeds, including ragweed, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris.
[1968 Code § 59-2]
The Borough Health Officer is hereby authorized to inspect lands
in the Borough for the presence of fire hazards, brush, weeds, including
ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris, and if same are deemed to be detrimental
to the public health, shall give 10 days' notice, certified mail,
return receipt requested, to the persons who, according to the tax
duplicate of the Borough, appear as owner or tenant, to remove and
eliminate such fire hazards, brush, weeds, including ragweed, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris.
[1968 Code § 59-3]
In the event the owner or tenant aforesaid fails to comply with
the order to remove fire hazards, brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, then the Health Officer shall have the work of removal
or destruction of such fire hazards, brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris done.
[1968 Code § 59-4; Ord. No. 70:11]
Upon completion of the work, costs shall be certified by the
Health Officer to the Mayor and Council, which shall examine the certificate,
and if found to be correct, shall cause the cost as shown thereon
to be charged against the lands; the amount so charged shall become
a lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied on such lands, the same
to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes,
in accordance with and pursuant to N.J.S.A. 40:48-2.13 et seq.
[1968 Code § 59-5; New; Ord. No.
2015:11]
Any person, firm or corporation that shall violate the provisions
of this section, or shall obstruct the Borough or its employees from
removing fire hazards, brush, weeds, including ragweed, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris, shall, upon conviction thereof in the Borough Municipal Court,
be subject to the penalty per occurrence, as follows: On commercial
property - a fee of not less than $250.00 and not greater than $1,250.00
per occurrence; on non-commercial property - a fee of not less than
$100.00 and not greater than $1,250.00 per occurrence. Each day on
which such violation continues shall constitute a separate occurrence.
It is the intention of the Governing Body that the fines should escalate
for subsequent violations.
[Ord. No. 2013:22]
a.
There
shall be established in the Borough of New Milford the position of
Property Maintenance Officer ("PMO").
b.
The PMO
shall protect the health, safety and welfare of residents and visitors
of the Borough of New Milford by enforcing all municipal codes and
ordinances, and concerning the maintenance of property.
c.
The PMO
is designated as an Enforcement Officer as set forth in this Chapter.
[Ord. No. 2013:22; amended 4-22-2019 by Ord. No. 2019:08]
a.
A certain document, three copies of which are in file in the office
of the Borough Clerk of the Borough of New Milford, being marked and
designated as the 2018 International Property Maintenance Code, as
written by the International Code Council, be and hereby is adopted
as the Property Maintenance Code of the Borough of New Milford, in
the State of New Jersey; for the control of buildings and structures
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of said Property Maintenance Code
are hereby referred to, adopted, and made a part hereof, as if fully
set out at length in this section.
[Ord. No. 2013:22]
[Ord. No. 2013:22]
The work of the PMO shall be conducted both in an office in
Borough Hall and at inspection sites throughout the Borough.
[Ord. No. 2013:22]
a.
The PMO
shall maintain records at Borough Hall of unkempt properties, junk
vehicles, improper storage of materials and other public nuisances
and debris as those terms are defined in the Borough Code.
b.
The PMO
shall make monthly typed reports to the Borough Administrator. These
reports shall include, but not be limited to, the following information:
complaints received, inspections performed, inspection findings, summonses
issued and court rulings on Borough cases brought by the PMO.
c.
The Borough
Administrator shall make quarterly reports to the Mayor and Council.
Said report shall include but not be limited to a calculation of the
total amount of fines imposed by the court, total number of summonses
issued, total amount of fines received by the Borough and total number
of convictions and dismissals.
[Ord. No. 2013:22]
The Property Maintenance Officer shall enforce all municipal
codes and ordinances concerning the maintenance of property with respect
to, but not limited to, the following:
a.
The exterior of residential, commercial and industrial buildings
structures and houses.
b.
Abandoned and dilapidated buildings.
c.
Accessory usage (e.g., portable storage units, dumpsters, temporary
structures).
d.
Overgrown grass and/or weeds or other vegetation.
e.
Construction and other debris on site.
f.
Illegal signs and signs placed illegally (e.g., in the public right-of-way).
g.
Cars parked illegally on grass or lawns or blocking sidewalks.
h.
Clothing bins.
i.
Garbage/refuse/litter and garbage pick-up.
j.
Snow removal from sidewalks.
k.
Excretion of pets or other animals left on public property or improper
disposal of same.
l.
Construction and other work or services being performed outside permitted
hours.
m.
Vacant properties.
[Added 4-22-2019 by Ord.
No. 2019:08]
n.
Violations of the International Property Maintenance Code.
[Added 4-22-2019 by Ord.
No. 2019:08]
[Ord. No. 2013:22]
The position of PMO is a part-time position with no benefits.
The salary and number of hours shall be set by the Mayor and
Council.
[Ord. No. 2013:22]
The PMO, upon discovering a violation, shall issue all necessary
notices, correspondence, summonses and/or orders to compel compliance
with the municipal code, ordinances, and relevant State law and codes
concerning the maintenance of property regarding the health, safety
and welfare of residents and visitors.
[Ord. No. 2013:22]
The PMO is authorized to issue a summons upon determining that
probable cause exists to believe that a violation of any provision
of the Borough's ordinances, or relevant State law or codes concerning
the maintenance of property has occurred.
The PMO may instead, in his/her discretion, first issue a written
notice of the violation to the person or persons or entity responsible
for the violation. The notice shall be deemed properly served if (a)
a copy is sent by regular and certified mail to the last known address
of the person or entity upon which the notice is served as shown by
the most recent tax list of the municipality and at least one is not
returned; or (b) a copy is handed to said person or entity.
Nothing herein shall abrogate the Borough's obligations under section 12-1.2, which requires notice and opportunity to cure prior to the Governing Body authorizing remediation and imposition of a lien upon real property.
The notice shall include a concise statement of the reason(s)
for its issuance and shall state that unless the violation is abated,
removed, cured, prevented or desisted from within 10 days of the date
of service (exclusive of the date of service), a summons shall issue
for the violation.
The PMO may extend the period for compliance if, in his/her
judgment, the responsible person or entity has made or is making a
good faith effort to comply but, for reasons beyond the control of
that person or entity, compliance could not be effected in time. Any
extension of time within which to comply shall be in writing.
In the event that the violation is not abated, removed, cured,
prevented or desisted from or otherwise fully remedied within the
time period stated in the notice, and any written extension, a summons
shall then be issued against the person, persons, entity or entities
so notified.
Nothing in this section shall obligate the PMO to issue or entitle
any person to receive a notice as a condition to the issuance of a
summons or a notice in lieu of a summons.
[Ord. No. 2013:22]
Any person, persons or entity or entities who or which violate any provision of this section shall be punishable as set forth in New Milford Ordinances Chapter 1 Section 1-5 et seq., General Penalty. A separate offense shall be deemed committed on each and every occasion or day during or on which the violation occurs or continues.
An administrative fee of $25 per summons shall be assessed by
the Court against any person convicted of a summons issued by the
PMO for a violation of any offense. This administrative fee shall
be in addition to any court costs, fines or fees imposed. This administrative
fee shall be used to defray the administrative expenses associated
with the compilation of the reports and data required by this chapter.
[Ord. No. 2013:22]
If any subsection, paragraph, sentence, clause or phrase of
this section shall be declared to be unenforceable or invalid for
any reason whatsoever, such decision or declaration shall not affect
the remaining portions of this section, which shall continue in full
force and effect and to this end the provisions of this section are
hereby declared to be severable.
[Ord. No. 2013:22]
The headings of the subsection of this section are for ease
of reference only and shall not be deemed to limit the applicability
of any of the subsections.
[Ord. No. 2016:04; amended 4-22-2019 by Ord. No. 2019:08]
Pursuant to the provisions of N.J.S.A. 40:48-2.12s:
a.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
as defined in this section.
b.
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection a of this subsection. Notice of said representative or agent shall be provided to the Borough Clerk in a manner that is consistent with N.J.S.A. 46:10B-51a(1), and shall further include the full name and contact information of the in-state representative or agent.
a.
Any public officer designated by the Borough or authorized municipal official responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Borough, if the public officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to Subsection 12-3.1 of this chapter.
a.
A creditor subject to this section that is found by the Municipal
Court of the Borough, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this subsection shall
commence 31 days following the creditor's receipt of the notice,
except where the violation is deemed to present an imminent risk to
the public health and safety, in which case any fines shall commence
11 days following receipt of the notice.
b.
An out-of-state creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on an out-of-state creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a of § 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c.
No less than 20% of any money collected by the Borough pursuant to
this section shall be utilized by the Borough for municipal code enforcement
purposes.
[Added 4-22-2019 by Ord.
No. 2019:08]
As used in this section, the following terms shall have the
meanings indicated:
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three or more months. Such evidence would
include, but is not limited to, evidence of the existence of two or
more of the following conditions at a property: overgrown or dead
vegetation; accumulation of newspapers, circulars, flyers or mail;
past-due utility notices or disconnected utilities; accumulation of
trash, junk or debris; the absence of window coverings such as curtains,
blinds or shutters; the absence of furnishings or personal items consistent
with residential habitation; statements by neighbors, delivery agents,
or government employees that the property is vacant or abandoned;
infestation by insects, vermin, rats or other pests; windows or entrances
that are boarded up or closed off; multiple window panes that are
damaged, broken or unrepaired; doors that are smashed, broken, unhinged
or continuously unlocked; or any uncorrected violation of a municipal
building, housing or similar code during the preceding year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this section.
Includes the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17, as amended by P.L. 2009, c. 296), or any other
entity determined by the Borough to act with respect to the property.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation,
including but not limited to any property meeting the definition of
"abandoned property" in N.J.S.A. 55:19-80; provided, however, that
any property where all building systems are in working order, where
the building and grounds are maintained in good order, or where the
building is in habitable condition, and where the building is being
actively marketed by its owner for sale or rental, shall not be deemed
vacant property for purposes of this section.
The owner of any vacant property as defined herein shall, within
30 calendar days after the building becomes vacant property or within
30 calendar days after assuming ownership of the vacant property,
whichever is later; or within 10 calendar days of receipt of notice
by the municipality, file a registration statement for such vacant
property with the Borough Clerk on forms provided by the Property
Maintenance Officer for such purposes. Failure to receive notice by
the municipality shall not constitute grounds for failing to register
the property.
a.
Each property having a separate block and lot number as designated
in the official records of the municipality shall be registered separately.
b.
The registration statement shall include the name, street address,
telephone number, and e-mail address (if applicable) of a person 18
years or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such owner or owners in connection with the enforcement
of any applicable code; and the name, street address, telephone number,
and e-mail address (if applicable) of the firm and the actual name(s)
of the firm's individual principal(s) responsible for maintaining
the property. The individual or representative of the firm responsible
for maintaining the property shall be available by telephone or in
person on a twenty-four-hour-per-day, seven-day-per-week basis. The
two entities may be the same or different persons. Both entities shown
on the statement must maintain offices in the State of New Jersey
or reside within the State of New Jersey.
c.
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be pro-rated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in this section for each vacant property registered. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection 12-4.5, for each vacant property registered.
d.
The annual renewal shall be completed by January 1 each year. The
initial registration fee shall be pro-rated for registration statements
received less than two months prior to that date.
e.
The owner shall notify the Clerk within 30 calendar days of any change
in the registration information by filing an amended registration
statement on a form provided by the Clerk for such purpose.
f.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement or court
proceeding instituted by the Borough against the owner or owners of
the building.
The owner of any vacant property registered under this section
shall provide access to the Borough to conduct exterior and interior
inspections of the building to determine compliance with municipal
codes, upon reasonable notice to the property owner or designated
agent. Such inspections shall be carried out on weekdays during the
hours of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually
agreed upon between the owner and the Borough.
a.
An owner who meets the requirements of this section with respect
to the location of his or her residence or workplace in the State
of New Jersey may designate him or herself as agent or as the individual
responsible for maintaining the property.
b.
By designating an authorized agent under the provisions of this section
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforcement
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner has consent to
the continuation of the agent's designation for the purposes
of this section until the owner notices the Borough of New Milford
in writing of a change of authorized agent or until the owner files
a new annual registration statement.
c.
Any owner who fails to register vacant property under the provisions
of this section shall further be deemed to consent to receive, by
posting on the building, in plain view, and by service of notice at
the last known address of the owner of the property on record within
the Borough of New Milford by regular and certified mail, any and
all notices of code violations and all process in an administrative
proceeding brought to enforce code provisions concerning the building.
The owner of any building that has become vacant property, and
any person maintaining or operating or collecting rent for any such
building that has become vacant shall, within 30 days thereof:
a.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Ordinances and Codes of the Borough
of New Milford, or as set forth in the rules and regulations supplementing
the Ordinances and Codes; and
b.
Secure the building from unauthorized entry; and
c.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well-maintained
and free from trash, debris, loose litter, snow, ice, and grass and
weed growth; and
d.
Continue to maintain the structure in a secure and closed condition
and keep the grounds in a clean and well-maintained condition.
Nothing in this section is intended nor shall be read to conflict
or prevent the Borough from taking action against buildings found
to be unfit for human habitation or unsafe structures as provided
in applicable provisions of the Ordinances and Codes of the Borough
and/or the Uniform Construction Code. Further, any action taken under
any such code provision other than the demolition of a structure shall
not relieve an owner from its obligations under this section.
a.
Any person who violates any provisions of this section of the rules
and regulations issued hereunder shall be fined not less than $100
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section shall be recoverable from the owner and
shall be a lien on the property.
b.
For purposes of this section, failure to file a registration statement
within 30 calendar days after a building becomes vacant property or
within 30 calendar days after assuming ownership of a vacant property,
whichever is later or within 10 calendar days of receipt of notice
by the municipality, and failure to provide correct information on
the registration statement, or failure to comply with the provisions
of such provisions contained herein shall be deemed to be violations
of this section.
[Added 4-22-2019 by Ord.
No. 2019:08]
The purpose of this sections is to notify property owners, lienholders
and other interested parties of property within the Borough of New
Milford of the intent of the Borough to adopt the Abandoned Properties
Rehabilitation Act (N.J.S.A. 55:19-78 et seq.), its provisions, procedures,
authority and lawful remedies, empowering the Borough and its officials
to act under the authority of same. This section modifies the Abandoned
Properties Rehabilitation Act only for purposes of notification, order
and context and preserves all substantive rights and obligations of
the Act.
The public officer shall be the Property Maintenance Officer.
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
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 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 (N.J.S.A. 54:4-1 et seq.) 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 seq.), so long as two-thirds 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 a1 or 4 of this subsection.
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 Borough of New
Milford 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 has 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
for the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions.
a.
The Borough Administrator may direct the public officer to identify
"abandoned property" for the purpose of establishing an abandoned
property list throughout the Borough, or within those parts of the
Borough as the Administrator may designate. Each parcel so identified
shall include the tax lot and block number, the name of the owner
of record, if known, and the street address of the lot.
b.
The public officer may add properties to the abandoned property list
at any time and alternatively may delete or remove properties from
the list at any time when the public officer finds that the property
no longer meets the criteria of an abandoned property.
c.
An abandoned property shall not be included on the abandoned property
list if rehabilitation is being performed in a timely manner, as evidenced
by building permits issued and diligent pursuit of rehabilitation
work authorized by the permits. Removal of certain properties from
the abandoned property list may be performed in accordance with any
and all provisions of the Abandoned Properties Rehabilitation Act,
N.J.S.A. 55:1-78 et seq.
d.
The public officer shall establish the abandoned property list by
publication in an official newspaper of the Borough, which publication
shall constitute public notice, and, within 10 days after publication,
the public officer shall send a notice, by regular and certified mail,
return receipt requested, to the record owner of each and every property
included on the published list. The publication shall include the
name of the record owner, tax lot and block number and street address.
The public officer, in consultation with the Assessor, shall also
send out notice by regular mail to any known mortgagee, servicing
organization, or property tax processing organization that regularly
receives a duplicate copy of the tax bill for the property. The mailed
notice shall indicate the factual basis for the public officer's
determination that the property is abandoned property, specifying
the rules and regulations promulgated and the information relied upon
in making such finding. The public officer is further required to
satisfy all other prescribed notices and filings pursuant to the Abandoned
Properties Rehabilitation Act and entitled to all other remedies and
available procedures afforded by same.
e.
An owner or lienholder may challenge the inclusion of his/her property
on the abandoned property list as authorized above by appealing that
determination to the public officer within 30 days of the owner's
receipt of the certified or regular mailed notice or 40 days from
the date upon which the notice was sent. An owner whose identity was
not known to the public officer shall have 40 days from the date upon
which notice was published or posted, whichever is the later, to challenge
the inclusion of the property on the abandoned property list. For
good cause shown to the public officer, a late challenge shall be
accepted by the public officer. Within 30 days of receipt of a challenge,
the public officer shall schedule a hearing for a redetermination
of the inclusion. Any property included on the list is presumed to
have satisfied the criteria for inclusion, and the burden is on the
property owner to submit the proper paperwork and/or testimony that
can demonstrate that the property was erroneously included on the
list. The affidavit or certification shall be accompanied by supporting
documentation, which may include but not be limited to photographs
and repair invoices, bills and construction contracts. The sole ground
for appeal shall be the property in question is not abandoned property.
The public officer shall promptly, by certified mail, return receipt
requested, and by regular mail notify the property owner of the decision
and the reasons therefor.
f.
The owner or lienholder may challenge an adverse determination of an appeal with the public officer pursuant to Subsection e of this subsection 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 20 days of the date of the notice of decision mailed by the public officer pursuant to Subsection e of this subsection. 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.
a.
If an entity other than the Borough of New Milford has purchased
or taken assignment for the Borough 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 placed on the abandoned property list pursuant
to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) if the owner
of the certificate has continued to pay all Borough of New Milford
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 Subdivision a or 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 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 seq.), 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 request of a purchaser or assignee of a tax sale certificate
seeking to bar the right of redemption on an abandoned property pursuant
to Subdivision 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 "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 55:19-82).
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
Borough 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
depositing 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 that 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 120 days for the owner
to complete all work, during which time no further proceeding 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 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, remediation in conformance with the agreement or order, then
the cash or bond shall be forfeited to the Borough, 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.
The Borough of New Milford hereby grants to itself all such
powers granted to municipalities by the State of New Jersey for the
rehabilitation of abandoned property. Such powers are set forth, inter
alia, in the Abandoned Properties Rehabilitation Act (N.J.S.A. 55:19-78
et seq.) and in applicable portions of the New Jersey Urban Development
Corporation Act (N.J.S.A. 55:19-1 through 55:19-77). These state statutory
powers are collectively referred to herein as the "enabling statutes."
Such powers include but are not limited to:
a.
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
b.
Special tax sales, pursuant to N.J.S.A. 55:19-101;
c.
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
d.
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;
e.
Possession and control of property pursuant to N.J.S.A. 55:19-84
to 55:19-92;
f.
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90;
g.
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to N.J.S.A. 55:19-91;
h.
Sale of property, pursuant to N.J.S.A. 55:19-96;
i.
Purchase of property, pursuant to N.J.S.A. 55:19-96;
j.
Recover rehabilitation costs by lien of property, pursuant to N.J.S.A.
55:19-98;
k.
Clearance, development, redevelopment, or repair of property through
power of eminent domain, pursuant to N.J.S.A 55:19-56, 55:19-102.
Any person, firm, corporation or entity violating any provision of this § 12-5 shall, upon conviction, be punishable as provided for in Subsection 12-2.10 of this Code. A creditor required to care, maintain, secure and keep up a property under this chapter cited in a notice issued shall be subject to a fine of $1,500 for each day of the violation.
