A.
Abandoned properties create a wide range of problems
for the Township, 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 Township acts as a significant barrier to the Township'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 to "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.
As used in this article, the following terms
shall have the meanings indicated:
The New Jersey Department of Community Affairs.
Any person or entity holding a note, mortgage or other interest
secured by the building or any part thereof.
The holder or holders of title to an abandoned property.
Any building or structure and the land appurtenant thereto.
The person designated by the Township of Maple Shade pursuant
to N.J.S.A. 40:48-2.5 or any officer of the Township qualified to
carry out the responsibilities set forth in N.J.S.A. 55:19-78 et al.
and designated by the Township Council.
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 N.J.S.A. 55:19-78 et al., to carry out the rehabilitation
of vacant buildings in urban area.
A.
Except as provided in 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 New Jersey 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 N.J.S.A. 55:19-82.
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.
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 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 Township
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 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.
If an entity other than the Township has purchased
or taken assignment from the Township 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 N.J.S.A. 55:19-55, if:
(1)
The owner of the certificate has continued to pay
all Township 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 N.J.S.A. 55:19-81.
C.
A determination that a property is abandoned property
under the provisions of 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 N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
A.
A summary action or otherwise to transfer possession
and control of abandoned property in need of rehabilitation to the
Township may be brought by the Township 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 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 Township to take possession
and control of the property and develop a rehabilitation plan.
B.
The Township once granted possession and control may
commence and maintain those further proceedings 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 N.J.S.A. 55:19-92.
C.
Failure by the owner, mortgage holder or lienholder
to submit plans for rehabilitation to the Township, 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.
A complaint filed pursuant to 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.
A.
Within 10 days of filing a complaint pursuant to 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
Township 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 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 Township officials, the Township 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 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 Subsection B of this section, the Township 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 N.J.S.A. 55:19-89.
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 section
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 Township may apply to the Court to have the owner's bond forfeited,
possession of the building transferred to the Township 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 Township
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.
A.
If an owner is unsuccessful in defending against a
complaint filed pursuant to 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 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 township
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
Township possession of the property, and authorize the Township 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 Subsection A of this section, 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.
A.
If no mortgage holder or lienholder meets the conditions
of N.J.S.A. 55:19-88, then the Township of Maple Shade shall submit
a plan to the Court which conforms with the provisions of Subsection
b of N.J.S.A. 55:19-87. The plan shall designate the entity which
shall implement the plan, which may be the Township or that entity
designated in accordance with the provisions of N.J.S.A. 55:19-90.
B.
The Court shall grant the Township possession of the
property if it finds that:
(1)
The proposed rehabilitation and reuse of the property
is appropriate and beneficial;
(2)
The Township is qualified to undertake the rehabilitation
and reuse of the property; and
(3)
The plan submitted by the Township represents a realistic
and timely plan for the rehabilitation and reuse of the property.
C.
The Township 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 section, 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 N.J.S.A.
40A:12A-1 et seq. or a neighborhood revitalization plan pursuant to
N.J.S.A. 52:270-490 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.
A.
The Township may exercise its rights under 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 Township's
rights where that designation will further the rehabilitation and
reuse of the property consistent with the Township's plans and objectives.
This designation shall be made by resolution of the Township Council.
The governing body may delegate this authority to the public officer.
B.
Regardless of whether the Township exercises its rights
directly or designates a qualified rehabilitation entity pursuant
to this section, while in possession of a property pursuant to N.J.S.A.
55:19-78 et al. the Township shall maintain, safeguard, and maintain
insurance on the property. Notwithstanding the Township's possession
of the property, nothing in 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.
A.
If the Township has been granted possession of a property
pursuant to N.J.S.A. 55:19-89, that Township 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
Township, nothing in 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 Township 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
Township to rehabilitate the property and may grant a lien or security
interests with priority over all other liens or mortgages other than
municipal liens.
(1)
Prior to granting this lien priority, the Court shall
find that:
(a)
The Township sought to obtain the necessary
financing from the senior lienholder, which declined to provide such
financing on reasonable terms;
(b)
The Township sought to obtain a voluntary subordination
from the senior lienholder, which refused to provide such subordination;
and
(c)
Lien priority is necessary in order to induce
another lender to provide financing on reasonable terms.
(2)
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.
(3)
For the purposes of this section, the cost of rehabilitation
shall include reasonable nonconstruction costs such as architectural
fees or construction permit fees customarily included in the financing
of the rehabilitation of residential property.
C.
Where the Township has been granted possession by
the Court in the name of the Township, the Township 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:
D.
Where the Township has designated a qualified rehabilitation
entity to act on its behalf, the qualified rehabilitation entity shall
provide quarterly reports to the Township on its activities and progress
toward rehabilitation and reuse of the property. The Township 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 Township or its designee has failed to take diligent
action toward rehabilitation of the property within one year from
the grant of possession, then the Court may request the Township to
designate another qualified rehabilitation entity to exercise its
rights or, if the Township fails to do so, may terminate the order
of possession and return the property to its owner.
E.
The Township 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 Township 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.
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
Township 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 Township 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 Township, or affect any
of the terms or conditions under which the Township has applied for
or received financing for the rehabilitation of the property.
Any petition for reinstatement of the owner's
control and possession of the property filed pursuant to 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
Township 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 Township liens outstanding on the property;
(2)
All costs incurred by the Township in bringing action
with respect to the property;
(3)
Any costs incurred by the Township 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.
A.
Prior to the granting of a petition on the part of
the owner by the Court pursuant to 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 Township to make any repair on the property in the event of
a code violation which is not corrected in a 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 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.
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 N.J.S.A. 55:19-92,
upon petition from the entity in possession, the Court may grant the
Township title or authorize the Township to sell the property, subject
to the provisions of N.J.S.A. 55:19-96.
A.
Where the Township 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 Township 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 N.J.S.A. 55:19-97.
B.
The Township 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 Township 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 N.J.S.A. 55:19-97.
The proceeds paid pursuant to Subsection c of
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 Township and granted priority lien
status pursuant to Subsection a of N.J.S.A. 55:19-98;
D.
A reasonable development fee to the Township 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.
A.
The public officer, with the approval of the Court,
may place a lien on the property to cover any costs of the Township
in connection with a proceeding under N.J.S.A. 55:19-78 et al. incurred
prior to the grant by the Court of an order of possession under 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 Township lien for the
purposes of N.J.S.A. 54:5-9, with the rights and status of a Township
lien pursuant thereto.
B.
With the exception of the holding of special tax sales
pursuant to N.J.S.A. 55:19-101, the remedies available under N.J.S.A.
55:19-78 et al. shall be available to the Township with respect to
any abandoned property whether or not the Township has established
an abandoned property list as provided in N.J.S.A. 55:19-55 and whether
or not the property has been included on any such list.
Notwithstanding any provision to the contrary
in 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 pursuant to 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 N.J.S.A. 55:19-78 et al. owns or controls more
than a fifty-percent 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.
With respect to any lien placed against any
real property pursuant to the provisions of Section 1 or Section 3
of N.J.S.A. 40:48-2.3 or N.J.S.A. 40:48-2.5 or Section 1 of N.J.S.A.
40:48-2.3(a) or any receiver's lien pursuant to N.J.S.A. 2A:42-114
et al., the Township 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 ten-percent interest or greater, if the owner
is any other business organization or entity recognized pursuant to
law.
The Township 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 Township pursuant to N.J.S.A. 55:19-55. If the Township elects
to hold a special tax sale, it shall conduct that sale subject to
the following provisions:
A.
The Township 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 Township plans and
regulations; commitments by the bidder to rehabilitate or otherwise
reuse the property consistent with Township 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 Township 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 Township 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 Township 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 Township may combine properties into bid packages,
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 Township 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 Subsection A of this section 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 Township, and any amount paid by the purchaser to the Township at the special tax sale shall be forfeit to the Township;
E.
In the event there are two or more qualified bidders
for any property or bid package in a special tax sale, the Township
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 Township pursuant to this section, and his or her interest
in the property or properties reverts to the Township, the Township
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 Township 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 Township pursuant to Subsection B, C or D of this section. Nothing shall prohibit the Township from holding a special tax sale on the same day as a standard or accelerated tax sale.
With respect to any eminent domain proceeding
carried out under 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
Township 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.
If a property, which an entity other than the
Township has purchased or taken assignment from the Township 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 Township 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.
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 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 Township, any owner or operator
of a business within the Township, 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 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.
[Added 6-25-2015 by Ord.
No. 2015-08]
