[Adopted 10-16-2017 by Ord. No. 2017-11]
The public officer shall be the Code Enforcement Officer, or
such other person as appointed annually by the Mayor, with the advice
and consent of Borough Council, who shall be responsible for identifying
abandoned properties, placing said properties on the abandoned property
list established pursuant to N.J.S.A. 55:19-55, and providing such
notices and carrying out such other tasks as are required to create
an abandoned property list. Each abandoned property shall be identified
by the tax block and lot number, the name of the owner of record,
if known, and the street address of the lot.
The abandoned property list shall apply to the Borough as a
whole.
A.
Except as provided in § 203-16 or pursuant to 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;
B.
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et al., so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection A(1) or (4) of this section.
A property may be determined to be a nuisance if:
A.
The property has been found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3;
B.
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
C.
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 municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so;
D.
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
E.
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. A public officer who determines a property to be a nuisance pursuant to Subsections B through E of this section shall follow the notification procedures set forth in N.J.S.A. 40:48-2.3 et seq.
The Borough 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."
Any interested party may submit a written request to the public
officer that a property be included on the abandoned property list,
specifying the street address and block and lot number of the property
to be included, and the basis for the request that the property be
included on the abandoned property list. 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. An interested party includes a resident
of the Borough, any owner or operator of a business within the Borough
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.
A property shall not be included on the abandoned property list
if building permits have been obtained and rehabilitation work is
being performed in a timely manner.
The public officer shall establish the abandoned property list,
and any additions by publication in the 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 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 the 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 duplicate copy of the tax bill pursuant
to N.J.S.A. 54:4-64. The mailed notice shall set forth the factual
basis for the public officer's finding that the property is abandoned
property as determined pursuant to N.J.S.A. 55:19-78 at al., and the
rules and regulations promulgated thereunder, specifying the information
relied upon in making such finding. When the identity of the owner
of record is unknown, and cannot be determined following 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 set
forth in N.J.S.A. 40:48-2.7. In all cases, a copy of the mailed or
posted notice shall also be filed by the public officer in the office
of the Burlington County Clerk. The public officer, within 10 days
of the establishment of the abandoned property list, or any additions
thereto, shall send by regular mail, facsimile or electronic mail,
a copy of the abandoned property list to the electric and gas utilities
serving the Borough.
An owner or lienholder may challenge the inclusion of a property
on the abandoned property list by appealing that determination to
the public officer within 30 days of the owner's or lienholder'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 the 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 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, repair invoices,
bills and construction contracts. The sole ground for appeal shall
be that the property in question is not abandoned property. 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 therefore. The property owner or lienholder
may challenge an adverse determination by filing a summary proceeding
in the Superior Court, Law Division, within 20 days of the date of
the notice of decision mailed by the public officer. The sole ground
for appeal shall be that the property is not an abandoned property.
