Abandoned Property

Chapter 196
PROPERTY, ABANDONED

[HISTORY: Adopted by the Town Council of the Town of Lincoln 9-10-1990 by Ord. No. 90-8 (Ch. 4, Art. VIII, of the 1990 Code of Ordinances). Amendments noted where applicable.]

§ 196-1. Unlawful acts.

It shall be deemed a public nuisance and unlawful for any person to violate the terms of this chapter by maintaining a building, structure or surrounding property in a condition adverse to the public health, safety and welfare as specified in § 196-2 of this chapter.

§ 196-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDON or ABANDONMENT -- Shall be defined as existing where the owner of a building or premises has by action or inaction, failed to correct a serious health and/or safety violation at a building or on the surrounding property. A serious health and/or safety violation may be found, by way of example only and without limitation, where the health, safety and welfare of the community is or may be at risk due to conditions such as:

A. Where a building is vacant. However vacancy is not necessarily to be considered a prerequisite to a finding of abandonment;

B. Where there exists a lack of maintenance of a building or grounds which actually or potentially poses a risk to the public health, safety or welfare;

C. Where a building is not structurally sound or where the building or its interior is otherwise unfit for healthy or safe habitation or access;

D. Where vandalism at the property has gone unrepaired;

E. Where a lack of maintenance or use of the property promotes a degradation of the surrounding community affecting the public health, safety and welfare.

BUILDING -- Any structure as defined within Chapter 260, Zoning, of the Code of the Town of Lincoln which is used or intended to be used for residential or any other use.

PUBLIC NUISANCE -- A building or property which constitutes a menace to the public health, welfare, or safety, or which is structurally unsafe, unsanitary, or not provided with adequate and safe ingress and egress, or which constitutes a fire hazard, or which may otherwise be dangerous to human safety, or which in relation to existing uses constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

§ 196-3. Determination of public nuisance.

A. Investigation. The Director of Public Works or his or her designee within the Public Works Department shall be responsible for the investigation of all properties or complaints concerning conditions creating a public nuisance as defined within this section.

B. Determination. Upon complaint or other notification, the Director shall order a field examination of the site to determine whether a public nuisance exists as defined in § 196-2 of this chapter.

C. Order to comply. Should the Director, after inspection and investigation, find that a public nuisance exists at any building or property he or she shall cause to be issued a written notification, served personally or by regular and certified mail addressed to the property owners as their names and addresses are shown upon the records of the Tax Assessor. The notification shall declare the property to be a public nuisance, shall include the estimated cost to rectify the violation, and shall cite the conditions found constituting the nuisance. Notification shall order the property owner to comply. The notice shall allow the property owner a specific and reasonable period of time, as determined by the Director, not to exceed 30 days (unless extended in writing within the sound discretion of the Director) for the correction of all listed nuisances.

D. Compliance or appeal by the property owner. The property owner shall, after notice as stated above, complete all actions required to abate any nuisance as determined by the Director within the time period prescribed. Should the property owner contest the decision of the Director, an appeal in writing may be filed with the Lincoln Zoning and Appeals Board at any time prior to the expiration of 30 days from the date of mailing of the notice as specified above. The appeal shall otherwise follow the course specified in Article XIV, Appeals, of Chapter 260, Zoning, of the Code of the Town of Lincoln. Further action otherwise required pursuant to the terms of this chapter may be stayed upon timely request, pending the resolution of appeal pending before the Zoning Board.

§ 196-4. Procedure upon failure to achieve certified notice.

Should the Director not effect personal service or not receive confirmation of the receipt of a written certified notification within 10 days of the mailing, he or she shall cause a public notification to be advertised in a local newspaper of general distribution for three successive days. After the third day of advertisement, proper notice shall be deemed to have been provided.

§ 196-5. Contents of notice by publication.

The notice by publication prescribed herein shall include the address, plat and lot number of the property cited as a public nuisance and the name of the property owner as listed on the Tax Assessor's records. Also included shall be a listing of the conditions found to create a public nuisance and the corrective action to be taken to eliminate the public nuisance. Should no notification be received by the Director from the property owner after the third day of advertisement and should no appeal to the declaration of a public nuisance be filed with the Lincoln Zoning and Appeals Board within the time prescribed, the Director may then cause to be corrected all of those conditions which create the public nuisance under the terms of this chapter or the matter may be referred to the Town Solicitor for pursuit of any other or further remedy deemed appropriate.

§ 196-6. Correction by Town; lien for expenses.

Upon failure of the owner of the premises found in violation of this chapter to remedy the conditions existing in violation of the requirements hereof within 30 days after mailing or personal service of notice to do so, then the Director shall proceed to have such conditions remedied, and the cost thereof shall be and become a lien against such property to the same extent and character as a lien for real estate taxes and with the same penalties and interest and with the same rights of collection, foreclosure, sale and forfeiture as obtained for tax liens.

§ 196-7. Filing of lien.

Upon final determination of a violation of the provisions of this chapter, the Director shall deliver a certified copy thereof and of the notice to the Town Clerk, and the Town Clerk shall place the same on record as a lien against the property described therein. It shall also be the duty of the Director to file such other and further certificates as to work done and amounts due and/or paid as the circumstances may require.

§ 196-8. Assessment of costs.

Upon completion of the required work by the Town as provided in § 196-6, notice thereof and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violation and the same assessed shall be due and payable 30 days after such notice of completion and cost, unless such assessment shall be appealed to the Zoning Board of Review prior to the expiration of such thirty-day period.

§ 196-9. Appeal of assessment of costs.

Any such person shall have the right to appeal the assessment of costs within 30 days of service of notice thereof. Such appeals shall be taken to the Zoning Board of Review.

§ 196-10. Violations and penalties.

Chapter 51
ABANDONED PROPERTY

[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]

ARTICLE I,
Rehabilitation
[Adopted 5-4-2004 by Ord. No. MC 3262]

§ 51-1. Abandoned property defined.

An "abandoned property" is hereby defined as one that has not been legally occupied for a period of six months and meets one of the following criteria:

A. The property is in need of rehabilitation and has not been rehabilitated during the unoccupied period;

B. Construction has been initiated on the property in the past, but not for the six-month period;

C. The property has been in tax arrearage for at least one installment period; or

D. The property has been determined to be a nuisance by the Business Administrator, the Construction Official, the Health Officer, the Fire Subcode Official, the Director of Housing Maintenance or other public official charged with condemnation responsibilities and granted the appropriate authority (nuisance includes a finding that the property is unfit for human habitation and/or is determined to be a fire hazard or potential health and safety hazard).

§ 51-2. Procedures for Township's acquisition of abandoned property.

The procedures for the Township's acquisition of the abandoned property shall be that which is set forth in Assembly Bill substitute for 2543. This shall include the filing of a complaint in the Superior Court of New Jersey with a certification by the public officer that the property is abandoned. Thirty days' notice must be provided to the owner prior to the filing of a complaint.

§ 51-3. Rehabilitation plan.

The owner may defend against the complaint by submitting a plan for the rehabilitation and reuse of the property and by posting a bond equal to 125% of the amount determined by the public officer (Business Administrator or his designee) to represent the project cost of rehabilitation. The plan requires a financial feasibility analysis, a budget and timetable for rehabilitation of the property and documentation of qualifications of those who will perform the rehabilitation.

§ 51-4. Rehabilitation plan approval.

The Court shall approve the plan if the plan is realistic and likely to result in the expeditious rehabilitation and reuse of the property and, correspondingly, the Court shall disapprove of the plan if unrealistic. If the Court approves the owner's plan, it may appoint the Business Administrator to act as monitor of the owner's compliance. If the owner fails to carry out any step in the approved plan, the Business Administrator 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.

§ 51-5. Quarterly progress reports required.

The owner shall provide quarterly reports to the Township and the Court on the owner's progress toward rehabilitation and reuse of the property.

§ 51-6. Alternate entities for implementation of rehabilitation plan.

If an owner fails to successfully defend against a complaint, a mortgage holder or lien holder may seek to be designated in possession for the property by submitting a plan and posting a bond meeting the same conditions described above. If no mortgage holder or lien holder meets these conditions, the Township of Irvington shall submit a plan which shall designate an entity that shall implement the plan. This entity may be the Township or a qualified rehabilitation entity, organized or authorized to do business under New Jersey law, which shall have as one of its purposes the construction or rehabilitation of residential or nonresidential buildings, the provision of affordable housing and the restoration of abandoned property, among others.

§ 51-7. Possession of property by Township.

If the Township of Irvington is granted possession of a property under this article, the Township shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and any state program of grants or loans. Where the Township borrows funds for the express purpose of rehabilitating the property, the Court may authorize the Township to grant a lien or security interest with priority over all other liens or mortgages other than Township liens.

§ 51-8. Owner responsibilities while under Township possession.

With the granting of possession by the Court to the Township of a property determined to be abandoned, the owner shall continue to be responsible for all taxes or other municipal liens and charges, or mortgages or liens to any party, incurred on the property, whether those taxes, charges or liens are incurred before or after the granting of possession; nor shall the owner be relieved of any operating or maintenance expense associated with the property. Similarly, although the Township is required to maintain, safeguard, and maintain insurance on the property, the owner shall not be relieved of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner relating to the property.

§ 51-9. Township authorized to seek approval to assign rights to another entity.

The Township is authorized to seek Court approval to assign its rights to another entity, which may be granted under the circumstances enumerated in this article.

§ 51-10. Reinstatement of owner's rights.

An owner may petition for reinstatement of the owner's control and possession of the property. The petition's requirements and conditions shall be determined by the Court for reinstating the owner's rights.

§ 51-11. Township sale of property.

If the Township sells the property, this article sets forth the order of distribution of the proceeds of such a sale. This article authorizes the Business Administrator, with the approval of the Court, to place a lien on the property to cover any costs the Township incurred prior to the granting by the Court of an order of possession, which may include costs incurred to stabilize or secure the properly.

§ 51-12. Special tax sales.

This article authorizes the Township of Irvington to hold special tax sales with respect to those properties eligible for tax sale under N.J.S.A. 54:5-19 which are also on an abandoned property list and sets forth procedures governing those special tax sales. In the case of any eminent domain proceeding carried out under Section 37 of P.L. 1966, c.62 (N.J.S.A. 55:19-56), this article establishes the parameters for establishing fair market value.

ARTICLE II
Abandoned Property List
[Adopted 12-28-2004 by Ord. No. MC 3281]

§ 51-13. Establishment of list.

The public officer is hereby directed to identify abandoned properties within the municipality, place said properties on an abandoned property list established as provided in Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as amended, by Section 28 of P.L. 2003, c. 210, and provide such notices and carry out such other tasks as are required to effectuate an abandoned property list as provided by law.

§ 51-14. Applicability.

The abandoned property list shall apply to the Township of Irvington as a whole.

§ 51-15. Public officer's responsibilities and powers.