[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.
