[Ord. No. O-01-69]
There is hereby adopted by the Municipal Council, for the purpose
of regulating the maintenance of multiple dwellings and hotels that
certain statute known as the "Hotel and Multiple Dwelling Law" set
forth in N.J.S. 55:13A-1 et seq. The standards established and adopted
by this section are commonly known as Regulations for Maintenance
of Hotels and Multiple Dwellings of the New Jersey Bureau of Housing
Inspection and are set forth in N.J.A.C. 5:10.
[Ord. No. O-01-69]
Three copies of said standards shall be placed on file in the
office of the City Clerk for use and examination by the public.
[Ord. No. O-01-69; Ord. No. O-09-28 § 2]
This section and the standards established hereunder shall be
enforced by the Bureau of Fire Prevention and/or such other members
of the Fire Department who may be designated by the Director of Public
Safety.
|
PART 1
|
|
Abandoned Property Rehabilitation Act
|
[Ord. No. O-08-36 Art.
I]
Definitions relating to abandoned property (from N.J.S.A. 55:19-54):
Shall mean any property that is determined to be abandoned
pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.);
Shall mean a person designated or appointed by the Municipal
Governing Body pursuant to Section 3 of P.L. 1942, c. 112 (N.J.S.A.
40:48-2.5).
[Ord. No. O-08-36 Art.
I]
Inventory of abandoned property; list to be maintained; publication
in official newspaper; notice to owner of record; challenge by owner
(from N.J.S.A. 55:19-55): The City of Bayonne may direct the public
officer to identify abandoned property for the purpose of establishing
an abandoned property list throughout the City, or within those parts
of the City as the Governing Body may designate. Each item of abandoned
property so identified shall include the tax block and lot number,
the name of the owner of record, if known, and the street address
of the lot.
a.
List to be Established and Maintained. The public officer shall establish
and maintain a list of abandoned property, to be known as the "abandoned
property list." The City of Bayonne may add properties to the abandoned
property list at any time and may delete properties at any time when
the public officer finds that the property no longer meets the definition
of an abandoned property. An interested party may request that a property
be included on the abandoned property list following that procedure
set forth in Section 31 of P.L. 2003, c. 210 (N.J.S.A. 55:19-105).
b.
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 those permits. A property on which an entity other
than the City of Bayonne has purchased or taken assignment from the
City of a tax sale certificate which has been placed on the abandoned
property list may be removed in accordance with the provisions of
Section 29 of P.L. 2003, c. 210 (N.J.S.A. 55:19-103).
c.
Publication of List; Notice to Owner. The public officer shall establish the abandoned property list or any additions thereto by publication in the official newspaper of the City of Bayonne, which publication shall constitute public notice, and, within 10 days after publication, shall send a notice by certified mail, return receipt requested, and by regular mail to the owner of record of every property included on the list. The published and mailed notices shall identify property determined to be abandoned, setting forth the owner of record, if known, the tax lot and block number and street address. The public officer, in consultation with the Tax Collector, shall also send out a notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to subsection d of N.J.S.A. 54:4-64. When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property in the manner as provided in Section 5 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.7). The mailed notice shall indicate the factual basis for the public officer's finding that the property is abandoned property as that term is defined in Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54) and the rules and regulations promulgated thereunder, specifying the information relied upon in making such finding. In all cases a copy of the mailed or posted notice shall also be filed by the public officer in the office of the County Clerk or Register of Deeds and Mortgages, as the case may be, of the county wherein the property is situate. This filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of the property owner as defendant and the name of the City as plaintiff, as though an action had been commenced by the City against the owner.
d.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list determined pursuant to paragraph a
of this subsection by appealing that determination to the public officer
within 30 days of the owner's receipt of the certified 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 later,
to challenge the inclusion of a property on the abandoned property
list. For good cause shown, the public officer shall accept a late
filing of an appeal. Within 30 days of receipt of a request for an
appeal of the findings contained in the notice pursuant to paragraph
c of this subsection, the public officer shall schedule a hearing
for redetermination of the matter. Any property included on the list
shall be presumed to be abandoned property unless the owner, through
the submission of an affidavit or certification by the property owner
averring that the property is not abandoned and stating the reasons
for such averment, can demonstrate that the property was erroneously
included on the list. The affidavit or certification shall be accompanied
by supporting documentation, such as but not limited to photographs,
and repair invoices, bills and construction contracts. The sole ground
for appeal shall be that the property in question is not abandoned
property as that term is defined in Section 35 of P.L. 1996, c. 62
(N.J.S.A. 55:19-54). The public officer shall decide any timely filed
appeal within 10 days of the hearing on the appeal and shall promptly,
by certified mail, return receipt requested, and by regular mail,
notify the property owner of the decision and the reasons therefor.
e.
The property owner may challenge an adverse determination of an appeal
with the public officer pursuant to paragraph d 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 paragraph
d 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 the deadline for
instituting the action.
f.
The public officer shall promptly remove any property from the abandoned
property list that has been determined not to be abandoned on appeal.
g.
The abandoned property list shall become effective, and the City
of Bayonne shall have the right to pursue any legal remedy with respect
to properties on the abandoned property list at such time as any one
property has been placed on the list in accordance with the provisions
of this section, upon the expiration of the period for appeal with
respect to that property or upon the denial of an appeal brought by
the property owner.
[Ord. No. O-08-36 Art.
I]
Sale of tax lien on abandoned property; remediation costs (from
N.J.S.A. 55:19-56):
a.
Notwithstanding N.J.S.A. 54:5-19 or the provisions of any other law
to the contrary, if a property is included on the abandoned property
list and the property taxes or other City liens due on the property
are delinquent six or more quarters as of the date of expiration of
the right to appeal inclusion on the list, or, if an appeal has been
filed, as of the date that all opportunities for appeal of inclusion
on the list have been exhausted, then the tax lien on the property
may be sold in accordance with the procedures in the "Tax Sale Law,"
N.J.S.A. 54:5-1 et seq., on or after the 90th day following the expiration
of that time of appeal or final determination on an appeal, as appropriate.
The City of Bayonne may, at its option, require that the sale of the
tax sale certificate or any subsequent assignment or transfer of a
tax sale certificate held by the City be subject to the express condition
that the purchaser or assignee shall be obliged to perform and conclude
any rehabilitation or repairs necessary to remove the property from
the abandoned property list pursuant to Section 36 of P.L. 1996, c.
62 (N.J.S.A. 55:19-55) and to post a bond in favor of the City to
guarantee the rehabilitation or repair of the property. The public
officer may waive a requirement to post a bond imposed by the City
of Bayonne for any purchaser, assignee or transferee of a tax sale
certificate that provides documentation acceptable to the public officer
that the purchaser, assignee or transferee is a qualified rehabilitation
entity as defined in Section 3 of P.L. 2003, c. 210 (N.J.S.A. 55:19-80).
The cost of rehabilitation and repairs and the cost of the bond shall
be added to the amount required to be paid by the owner for redemption
of the property. The purchaser, assignee or transferee of the tax
sale certificate who is required to rehabilitate and repair the property
shall be required to file the appropriate affidavits with the Tax
Collector, pursuant to N.J.S.A. 54:5-62, representing the amounts
of monies expended periodically toward the rehabilitation or repair
of the property. A purchaser, assignee or transferee shall be entitled
to interest on the amounts expended, as set forth in the affidavits,
at the delinquent rate of interest for delinquencies in excess of
$1,500 pursuant to N.J.S.A. 54:4-67 of the City of Bayonne in effect
for the time period when the amounts were expended. The tax sale certificate
purchaser, assignee or transferee, under the auspices and with the
authority of the City of Bayonne, shall be permitted to enter in and
upon the property for the purposes of appraising the costs of rehabilitation
and repair and to perform all other acts required to guarantee the
completion of the rehabilitation or repair of the property. No rehabilitation
or repair work shall be commenced, however, until proof of adequate
liability insurance and an indemnification agreement holding the City
of Bayonne harmless is filed with the public officer. If the tax sale
certificate is not purchased at the initial auction of the tax sale
certificate and the City of Bayonne purchases the certificate pursuant
to N.J.S.A. 54:5-34, then the City of Bayonne is authorized and empowered
to convey and transfer to the Bayonne Housing Authority, Bayonne Municipal
Utilities Authority[1], Bayonne Parking Authority or the Bayonne Local Redevelopment
Authority (hereinafter, collectively the "Authorities"; singularly,
an "Authority") or any of their subsidiaries, without receiving compensation
therefor, all of its right, title and interest in that certificate;
however, any portion of the amount paid to the Tax Collector to redeem
the tax sale certificate that represents tax or other City lien delinquencies
and subsequent City liens, including interest, shall be returned by
the Tax Collector of the City of Bayonne.
b.
Remediation.
1.
If the City of Bayonne or an authority or its subsidiaries acquires
the tax sale certificate for a property on the abandoned property
list, then, upon 10 days' written notice to the property owner and
any mortgagee as of the date of the filing of the lis pendens notice
under subsection d of Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55),
that entity shall be permitted to enter upon the property and remediate
any conditions that caused the property to be included on the abandoned
property list. No remediation shall be commenced, however, if within
that ten-day period the owner or mortgagee shall have notified the
City of Bayonne or Authority or its subsidiary, as appropriate, in
writing, that the owner or mortgagee has elected to perform the remediation
itself. When the owner or mortgagee elects to perform the remediation
itself, it shall be required to post bond in favor of the City of
Bayonne or Authority or its subsidiaries, as appropriate, in order
to ensure performance. The amount and conditions of the bond shall
be determined by the public officer.
2.
The cost of remediation incurred by the City of Bayonne or the Authority
or its subsidiaries pursuant to this subsection, as so certified by
the entity incurring the cost upon completion of the remediation,
shall constitute a lien upon the property first in time and right
to any other lien, whether the other lien was filed prior to or after
the filing of any lien by the City of Bayonne or the Authority, except
for City taxes, liens and assessments and any lien imposed pursuant
to the "Spill Compensation and Control Act," P.L. 1976, c. 141 (N.J.S.A.
58:10-23.11 et seq.), together with any interest thereon. The certification
of cost shall be filed and recorded as a lien by the entity incurring
the cost with the county clerk or register of deeds and mortgages,
as appropriate, in the county in which the property is located.
c.
Failure to Remediate.
1.
Failure of an owner or lienholder to remove a property from the abandoned
property list within the period of time for appeal of inclusion of
the property on the list pursuant to Subsection e of Section 36 of
P.L. 1996, c. 62 (N.J.S.A. 55:19-55), shall be prima facie evidence
of the intent of the owner to continue to maintain the property as
abandoned property.
2.
The clearance, development, redevelopment, or repair of property
being maintained as an abandoned property pursuant to paragraph c1
of this subsection shall be a public purpose and public use for which
the power of eminent domain may be exercised.
[Ord. No. O-08-36 Art.
I]
Removal of property from list of abandoned properties; remediation
(from N.J.S.A. 55:19-57):
a.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
City liens due, including interest and penalties, and:
1.
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and
posting cash or a bond to cover the cost of any environmental cleanup
required on the property, evidenced by a certification by a licensed
engineer retained by the owner and reviewed and approved by the public
officer stating that the cash or bond adequately covers the cost of
the cleanup; or
2.
By demonstrating to the satisfaction of the public officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where the public officer finds that
the owner is actively engaged in remediating the conditions because
of which the property was determined to be abandoned pursuant to Section
36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as evidenced by significant
rehabilitation activity on the property, the public officer may grant
an extension of time of not more than 120 days for the owner to complete
all work, during which time no further proceedings will be taken against
the owner or the property.
b.
If the owner has posted cash or a bond in order to have a property
removed from the abandoned property list and the conditions because
of which the property was determined to be abandoned have not been
fully remediated within one year of the date of posting the cash or
bond, or, in the case of a property which requires a remediation of
any known, suspected or threatened release of contaminants, if the
owner has failed to enter into a memorandum of agreement with the
Department of Environmental Protection or an administrative consent
order, as the case may be, or if an agreement or order is in effect
but the owner has failed to perform the remediation in conformance
with the agreement or order, then the cash or bond shall be forfeited
to the City, which shall use the cash or bond and any interest which
has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
[Ord. No. O-08-36 Art.
I]
Acquisition of tax sale certificate for abandoned property;
action to foreclose right of redemption (from N.J.S.A. 55:19-58):
a.
When a person other than the City of Bayonne or an authority or its
subsidiaries acquires a tax sale certificate for a property on the
abandoned property list at tax sale, the purchaser may institute an
action to foreclose the right of redemption at any time after the
expiration of six months following the date of the sale of the tax
sale certificate.
b.
When the City of Bayonne is the purchaser at tax sale of any property on the abandoned property list pursuant to N.J.S.A. 54:5-34, or when an authority or any of its subsidiaries acquires the tax sale certificate pursuant to subsection a of Section 37 of P.L. 1996, c. 62 (N.J.S.A. 54:5-104.34), an action to foreclose the right of redemption may be instituted in accordance with the provisions of subsection b of N.J.S.A. 54:5-77.
c.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
1.
Posts cash or a bond equal to the cost of remediating the conditions
because of which the property was determined to be abandoned pursuant
to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), as determined
by the court; or
2.
Demonstrates to the court that the conditions because of which the
property was determined to be abandoned pursuant to Section 36 of
P.L. 1996, c. 62 (N.J.S.A. 55:19-56) have been remedied in full.
[Ord. No. O-08-36 Art.
I]
a.
Entry of Final Judgment Barring Right of Redemption; Grounds for
Reopening Judgment (from N.J.S.A. 55:19-59). Once a final judgment
barring the right of redemption with respect to a property on the
list of abandoned properties has been recorded, no court shall reopen
such judgment at any time except on the grounds of lack of jurisdiction
or fraud in the conduct of the action; in any such proceeding, the
provisions of P.L. 1996, c. 62 (N.J.S.A. 55:19-20 et al.) shall be
construed liberally in favor of the purchaser, assignee or transferee
of the tax sale certificate.
|
Part 2
|
|
Rehabilitation of Abandoned Properties
|
[Ord. No. O-08-36 Art.
I]
a.
Abandoned properties create a wide range of problems for the City
of Bayonne, 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 City of Bayonne
acts as a significant barrier to the City'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. No. O-08-36 Art.
II]
(This section adopted from N.J.S.A. 55:19-80.)
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the New Jersey Department of Community Affairs.
Shall mean any person or entity holding a note, mortgage
or other interest secured by the building or any part thereof.
Shall mean the holder or holders of title to an abandoned
property.
Shall mean any building or structure and the land appurtenant
thereto.
Shall mean the person designated by the City of Bayonne pursuant
to Section 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5) or any officer
of the City of Bayonne qualified to carry out the responsibilities
set forth in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et al.) and designated
by the Mayor and Council of Bayonne.
Shall mean 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. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-81.)
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 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 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-82.)
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 City of Bayonne
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.
b.
A public officer who determines a property to be a nuisance pursuant
to paragraphs a2 through a5 of this subsection shall follow the notification
procedures set forth in P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.).
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-83.)
a.
If an entity other than the City of Bayonne has purchased or taken assignment from the City 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: 1) the owner of the certificate has continued to pay all City of Bayonne 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 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 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. 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 N.J.S.A. 55:19-82).
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-84.)
a.
A summary action or otherwise to transfer possession and control
of abandoned property in need of rehabilitation to the City of Bayonne
may be brought by the City of Bayonne 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 City of Bayonne to take possession and control of
the property and develop a rehabilitation plan.
b.
The City of Bayonne, when granted possession and control, may commence
and maintain any and all additional proceedings necessary 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 City of Bayonne, 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-85.)
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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-86.)
a.
Within 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 30 days before filing the complaint, the City of Bayonne
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 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 City
of Bayonne officials, the City of Bayonne 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 paragraph b of this
subsection, the City of Bayonne 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).
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-87.)
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 125% of the amount
determined by the public officer or the court to be the projected
cost of rehabilitation. Any plan submitted by an owner to defend against
a complaint shall be submitted within 60 days after the complaint
has been filed, unless the court provides the owner with an extension
of time for good cause shown.
b.
A plan submitted by an owner pursuant to this subsection 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 City of
Bayonne may apply to the court to have the owner's bond forfeited,
possession of the building transferred to the City of Bayonne 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 City of Bayonne
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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-88.)
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 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 City of Bayonne 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 City of Bayonne
possession of the property, and authorize the City of Bayonne 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 paragraph a of this subsection, 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-89.)
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 City of Bayonne 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 City of Bayonne 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 City of Bayonne possession of the property
if it finds that:
1.
The proposed rehabilitation and reuse of the property is appropriate
and beneficial;
2.
The City of Bayonne is qualified to undertake the rehabilitation
and reuse of the property; and
3.
The plan submitted by the City of Bayonne represents a realistic
and timely plan for the rehabilitation and reuse of the property.
c.
The City of Bayonne shall take all steps necessary and appropriate
to further the rehabilitation and reuse of the property consistent
with the plan submitted to the court. In making its findings pursuant
to this subsection, the court may consult with qualified parties,
including the 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 neighborhood 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-90.)
a.
The City of Bayonne 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 City's rights where that designation will further the rehabilitation
and reuse of the property consistent with City's plans and objectives.
This designation shall be made by resolution of the Municipal Council
of the City of Bayonne. The Municipal Council, by resolution, may
delegate this authority to the public officer.
b.
Regardless of whether the City of Bayonne exercises its rights directly
or designates a qualified rehabilitation entity pursuant to this subsection,
while in possession of a property pursuant to P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et al.), the City of Bayonne shall maintain, safeguard, and
maintain insurance on the property. Notwithstanding the City'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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-91.)
a.
If the City of Bayonne 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
City 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 City of Bayonne,
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 City of
Bayonne 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 City of Bayonne
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 City of Bayonne sought to obtain the necessary financing
from the senior lienholder, which declined to provide such financing
on reasonable terms; 2) the City of Bayonne 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 non-construction costs such as architectural fees
or construction permit fees customarily included in the financing
of the rehabilitation of residential property.
c.
Where the City of Bayonne has been granted possession by the court
in the name of the City, the City of Bayonne 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 City's rights will be assigned is a qualified rehabilitation
entity; and 2) the assignment will further the purposes of this section.
d.
Where the City of Bayonne has designated a qualified rehabilitation
entity to act on its behalf, the qualified rehabilitation entity shall
provide quarterly reports to the City of Bayonne on its activities
and progress toward rehabilitation and reuse of the property. The
City of Bayonne 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 City of Bayonne 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 City of Bayonne to designate another qualified
rehabilitation entity to exercise its rights, or if the City of Bayonne
fails to do so, may terminate the order of possession and return the
property to its owner.
e.
The City of Bayonne 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 City of Bayonne has determined that
no more than six months remain to the anticipated date on which rehabilitation
will be complete. This notice shall include an affidavit of the public
officer attesting that 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-92.)
a.
An owner may petition for reinstatement of the owner's control and
possession of the property at any time after one year from the grant
of possession, but no later than 30 days after the City of Bayonne
has filed a notice of completion with the court or, in the event the
notice of completion is filed within less than one year of the grant
of possession, within 30 days after the City of Bayonne 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 City of Bayonne, or affect any of the terms
or conditions under which the City of Bayonne has applied for or received
financing for the rehabilitation of the property.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-93.)
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 City of Bayonne
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 City liens outstanding on the property;
2.
All costs incurred by the City of Bayonne in bringing action with
respect to the property;
3.
Any costs incurred by the City of Bayonne 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-94.)
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 City of Bayonne 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 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-95.)
If the owner fails to petition for the reinstatement of control
and possession of the property within 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 City of Bayonne title or authorize the City
of Bayonne to sell the property, subject to the provisions of Section
19 of P.L. 2003, c. 210 (N.J.S.A. 55:19-96).
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-96.)
a.
Where the City of Bayonne 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 City of Bayonne 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 City of Bayonne 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 City of Bayonne 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).
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-97.)
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 City of Bayonne 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 City of Bayonne 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-98.)
a.
The public officer, with the approval of the court, may place a lien
on the property to cover any costs of the City of Bayonne 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 City lien for the purposes of N.J.S.A. 54:5-9
with the rights and status of a City 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 City of Bayonne with respect to any abandoned
property, whether or not the City of Bayonne 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-99.)
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 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-100.)
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 City of Bayonne 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 10% interest
or greater, if the owner is any other business organization or entity
recognized pursuant to law.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-101.)
The City of Bayonne 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 City
of Bayonne pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55).
If the City of Bayonne elects to hold a special tax sale, it shall
conduct that sale subject to the following provisions:
a.
The City of Bayonne 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 City plans and regulations; commitments
by the bidder to rehabilitate or otherwise reuse the property consistent
with City 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 City of Bayonne 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 City of Bayonne 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 City of Bayonne, 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 City of Bayonne 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 City of Bayonne 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 paragraph a of this subsection
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 City of Bayonne, and any amount paid by the purchaser to the City
of Bayonne at the special tax sale shall be forfeit to the City;
e.
In the event there are two or more qualified bidders for any property
or bid package in a special tax sale, the City of Bayonne 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 City of Bayonne
pursuant to this subsection, and their interest in the property or
properties reverts to the City of Bayonne, the City of Bayonne 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 City of Bayonne 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 City of Bayonne pursuant to paragraphs b,
c, or d of this subsection. Nothing shall prohibit the City of Bayonne
from holding a special tax sale on the same day as a standard or accelerated
tax sale.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-102.)
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 City of Bayonne 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.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-103.)
If a property, which an entity other than the City of Bayonne
has purchased or taken assignment from the City of Bayonne 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 City taxes and liens due on the property within 30 days after
the property is placed on the list; provided, however, that if the
owner of the certificate fails to initiate foreclosure proceedings
within six months after the property was first placed on the list,
the property shall be restored to the abandoned property list.
[Ord. No. O-08-36 Art.
II]
(Adopted from N.J.S.A. 55:19-105.)
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. 55:19-55),
specifying the street address and block and lot number of the property
to be included and the grounds for its inclusion. Within 30 days of
receipt of any such request, the public officer shall provide a written
response to the party, either indicating that the property will be
added to the list 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 City
of Bayonne, any owner or operator of a business within the City of
Bayonne, 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 20 days' notice of any such hearing. The party shall provide
the public officer with notice at least 10 days before the hearing
of its intention to participate and the nature of the testimony or
other information that it proposes to submit at the hearing.
