As used in this chapter, the following terms shall have the
meanings indicated:
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.).
A person designated or appointed by the municipal governing
body pursuant to Section 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5).
The Township of West Deptford (hereinafter referred to as "Township")
may direct the public officer to identify abandoned property for the
purpose of establishing an abandoned property list throughout the
Township or within those parts of the Township as the governing body
may designate. Each item of abandoned property so identified shall
include the tax block and lot number, the name of the owner of record,
if known, and the street address of the lot.
A.
The public officer shall establish and maintain a list of abandoned
property, to be known as the "abandoned property list." The Township
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 Township has purchased or taken assignment from the Township
of a tax sale certificate which has been placed on the abandoned property
list may be removed in accordance with the provisions of Section 29
of P.L. 2003, c. 210 (N.J.S.A. 55:19-103).
C.
(1)
The public officer shall establish the abandoned property list or
any additions thereto by publication in the official newspaper of
the Township, 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 mortgages, 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. This notice shall be indexed by the name of
the property owner as defendant and the name of the Township as plaintiff,
as though an action had been commenced by the Township against the
owner.
D.
An owner or lienholder may challenge the inclusion of their property on the abandoned property list determined pursuant to Subsection B of this section 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 Subsection D of this section, the public officer shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit of 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 Subsection E of this section, by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, sitting in the county in which the property is located, which action shall be tried de novo. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the public officer pursuant to Subsection E of this section. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend the deadline for instituting the action.
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 Township
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.
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 Township liens due on the property
are delinquent six or more quarters as of the date of expiration of
the right to appeal inclusion on the list, or if an appeal has been
filed, as of the date that all opportunities for appeal of inclusion
on the list, or, if an appeal has been filed, as of the date that
all opportunities for appeal of inclusion on the list have been exhausted,
then the tax lien on the property may be sold in accordance with the
procedures in the "tax sale law," N.J.S.A. 54:5-1 et seq., on or after
the 90th day following the expiration of that time of appeal or final
determination on an appeal, as appropriate. The Township may, at its
option, require that the sale of the tax sale certificate or any subsequent
assignment or transfer of a tax sale certificate held by the Township
be subject to the express condition that the purchaser or assignee
shall be obliged to perform and conclude any rehabilitation or repairs
necessary to remove the property from the abandoned property list
pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and
to post a bond in favor of the Township to guarantee the rehabilitation
or repair of the property. The public officer may waive a requirement
to post a bond imposed by the Township 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 Township in effect for the time period when the amounts
were expended. The tax sale certificate purchaser, assignee or transferee,
under the auspices and with the authority of the Township, shall be
permitted to enter in and upon the property for the purposes of appraising
the costs of rehabilitation or repair of the property. No rehabilitation
or repair work shall be commenced, however, until proof of adequate
liability insurance and an indemnification agreement holding the Township
harmless is filed with the public officer. If the tax sale certificate
is not purchased at the initial auction of the tax sale certificate
and the Township purchases the certificate pursuant to N.J.S.A. 54:5-34,
then the Township is authorized and empowered to convey and transfer
to the authority or any of its subsidiaries, without receiving compensation
therefore, all of its rights, title and interest in that certificate;
however, any portion of the amount paid to the Tax Collector to redeem
the tax sale certificate that represents tax or other Township lien
delinquencies and subsequent Township liens, including interest, shall
be returned by the Tax Collector or the Township.
B.
(1)
If the Township or the 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 fling of the lis pendens notice under Subsection
d of Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), that entity
shall be permitted to enter upon the property and remediate any conditions
that caused the property to be included on the abandoned property
list. No remediation shall be commenced, however, if within that ten-day
period the owner or mortgagee shall have notified the Township or
authority or its subsidiary, as appropriate, in writing that the owner
or mortgagee has elected to perform the remediation itself. When the
owner or mortgagee elects to perform the remediation itself, it shall
be required to post bond in favor of the Township or authority or
its subsidiaries, as appropriate, in order to ensure performance.
The amount and conditions of the bond shall be determined by the public
officer.
(2)
The cost of remediation incurred by the Township 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 Township or the authority, except for
Township taxes, liens and assessments and any lien imposed pursuant
to the Spill Compensation and Control Act, P.L. 1976, c. 141 (N.J.S.A.
58:10-23.11 et seq.), together with any interest thereon. The certification
of cost shall be filed and recorded as a lien by the entity incurring
the cost with the county clerk or register of deeds and mortgages,
as appropriate, in the county in which the property is located.
C.
(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.
A.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
Township liens due, including interest and penalties and:
(1)
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and
posting cash or a bond to cover the cost of any environmental cleanup
required on the property, evidenced by a certification by a licensed
engineer retained by the owner and reviewed and approved by the public
officer stating that the cash or bond adequately covers the cost of
the cleanup; or
(2)
By demonstrating to the satisfaction of the public officer that the
conditions rendering the property abandoned have been remediated in
full; provided, however, that where the public officer finds that
the owner is actively engaged in remediating the conditions because
of which the property was determined to be abandoned pursuant to Section
36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as evidenced by significant
rehabilitation activity on the property, the public officer may grant
an extension of time of not more than 120 days for the owner to complete
all work, during which time no further proceeding will be taken against
the owner of 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 Township, which shall use the cash or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any fund
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
A.
When a person other than the Township or the 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 Township 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
the 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.
54:55-77.
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. 55:19-55), 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. 55:19-55) have been remedied in full.
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 provision of P.L. 1996, c. 62 (N.J.S.A. 55:19-20 et seq.) shall
be construed liberally in favor of the purchaser, assignee or transferee
of the tax sale certificate.
