[HISTORY: Adopted by the City Council of the City of Pleasantville 10-19-2015 by Ord. No. 16-2015. Amendments noted where applicable.]
Unfit buildings — See Ch. 115.
Housing standards — See Ch. 143.
Property maintenance — See Ch. 207.
Rental housing — See Ch. 208.
Editor's Note: This chapter also repealed former Ch. 205, property, Abandoned, which was comprised of Art. I, Registration and Maintenance of Abandoned Residential Properties, adopted 10-20-2014 by Ord. No. 22-2014.
Article I Vacant Property Registration, Maintenance and Compliance Monitoring
Article II Abandoned Property List
This chapter shall be known as and may be cited as "Vacant and Abandoned Property Registration, Administration and Management."
This article shall be known as and may be cited as "Vacant Property Registration, Maintenance and Compliance Monitoring."
It is the intent of this chapter and articles to, through the adoption of this chapter, establish a vacant property management system and authorize new, and changes to existing, policies and procedures for the registration, maintenance and compliance monitoring of vacant properties as a mechanism to protect and preserve the public health, safety, welfare, security, neighborhood vitality, economic vitality and the quiet enjoyment of residents, by:
Requiring all property owners, including lenders, trustees and service companies, to properly maintain vacant, unimproved and/or foreclosing properties; and
Regulating the maintenance of vacant, unimproved and/or foreclosing properties in order to prevent unsecured unsafe structures in neighborhoods and neighborhood blight.
In addition to any other remedies in law or equity not set forth herein, enforcement authority shall be vested in the Code Enforcement Department, including but not limited to the Code Enforcement Department and their respective inspectors. The Construction Department, County Health Department, Police Department, Fire Department and the Department of Public Works shall also have enforcement authority with respect to this chapter. The Mayor, with the advice and consent of Council, may also designate, when necessary, additional enforcement duties for other City departments to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of vacant properties.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
- ABANDONED PROPERTY LIST
- Inventory and identification of abandoned property. P.L. 1996 c. 62 (N.J.S.A. 55:19-55). A qualified municipality that has designated or appointed a public officer pursuant to Section 3 of P.L. 1942, c. 112 (N.J.S.A. 40:48-2.5), may adopt an ordinance directing the public officer to undertake an inventory of abandoned property in those areas designated for redevelopment pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (N.J.S.A. 40A:12A-1 et seq.). The ordinance may direct the public officer to exclude from the inventory of abandoned property that property for which the expense to the municipality of determining the cost of environmental remediation required under state or federal law would be excessive, in the judgment of the municipal governing body. Each item of abandoned property on the inventory shall include the tax block and lot number, the name of the owner of record, if known, and the street address of the lot. In those municipalities in which an inventory has been conducted, the public officer shall maintain a list of abandoned property, to be known as the "abandoned property list." An abandoned property shall not be included on the abandoned property list if rehabilitation is being performed in a timely manner.
- ABANDONED PROPERTY
- 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:
- A. 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;
- B. 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;
- C. 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 (see N.J.S.A. 54:4-1 et seq.) as of the date of a determination by the Public Officer pursuant to this section; or
- D. The property has been determined to be a nuisance by the Construction Official.
- ACCESSIBLE PROPERTY
- A property that is accessible through direct access, a compromised/breached gate, fence, wall, etc.
- ACCESSIBLE STRUCTURE
- A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
- Any agreement or written instrument, which provides that title to a property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.
- Portion of a dwelling unit, rented or offered for rent for living and dwelling purposes, to one individual or family unit, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use occupancy of such portion of the property.
- AVAILABLE FOR RENT TO A TENANT(S)
- Fit to habitation as defined by the Statutes of the State of New Jersey, and the Codes and Ordinances of the City of Pleasantville.
- An entity under a note secured by a mortgage, deed of trust or similar document.
- Any person, copartnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section.
- City of Pleasantville.
- DANGEROUS BUILDING
- Any building/structure that is violation of any condition referenced in Chapter 111, Buildings, Unfit, of the City Code.
- Consecutive calendar days.
- DEED IN LIEU OF FORECLOSURE
- A recorded document that transfers ownership of a property from the fee owner to a mortgagor, lien holder, or beneficiary of the deed of trust.
- DEED OF TRUST
- An instrument by which title to real estate is transferred to a third-party trustee as security for a real estate loan definition applies to any and all subsequent deeds of trust (i.e., second trust deed, third deed, etc.).
- The failure to fulfill a contractual obligation, monetary or conditional.
- DWELLING UNIT
- Shall include that portion of a building or structure rented or offered for rent to one or more tenants or family units. A room or series of connected rooms designed for permanent residency, containing living, cooking, sleeping and sanitary facilities. The dwelling unit shall be self-contained and shall not require the use of outside stairs (other than those required for initial access to the structure), passage through another dwelling unit or other indirect route to get to any portion of the dwelling unit. Any cottage, bungalow, room or group of rooms in occupying all or part of a floor or floors in a building, with housekeeping facilities for dwelling purposes.
- ENFORCEMENT AUTHORITY
- The Code Enforcement Department and their respective inspectors, including, but not limited to, the Construction Department, Atlantic County Health Department, Police Department, Fire Department and Department of Public Works, shall also have enforcement authority with respect to this chapter. The Mayor, with the advice and consent of Council, may also designate, when necessary, additional enforcement duties for other City departments.
- A. Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant or has the potential to become vacant. Such conditions include but are not limited to a property that is under a current notice of default and/or notice of Sheriff's sale and/or pending tax lien sale or has been foreclosed upon by the mortgagee or has been conveyed to the mortgagor, beneficiary or trustee via a deed in lieu of foreclosure; overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past-due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings, such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passerby, delivery agents, or government employees that the property is vacant.
- B. An unoccupied property, apartment or dwelling unit that the owner or responsible party intends to make available for rent to tenant(s) shall be considered a vacant property subject to the requirements of this chapter herein defined until which time the municipal Code Enforcement Official or designee has deemed the unit habitable by the issuance of a certificate of occupancy and the owner or responsible party has properly registered the unit and paid rental registration fees as defined in the City of Pleasantville Rental Registration Ordinance.
- The process by which property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
- INITIATION OF THE FORECLOSURE PROCESS
- Any of the following actions taken by a mortgagee against the borrower or mortgagor of a property:
- INTERESTED PARTY
- Any person, copartnership, association, corporation, or fiduciary authorized by the owner of record to act on the owner's behalf.
- Within 10 road/driving miles' distance of the subject property.
- A lien against real estate granted to serve an obligation, including a deed of trust.
- An individual, individuals or business entity to which a property is mortgaged, including but not limited to the creditor, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
- The person who has borrowed money and pledged his/her real property as security for the debt, i.e., granted a mortgage or gives property as security.
- NEIGHBORHOOD STANDARD
- Those conditions that are present on a simple majority of properties within a one-hundred-yard radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other property within the one-hundred-yard radius, shall be counted toward the simple majority.
- NOTICE OF DEFAULT
- A recorded notice that a default has occurred under a mortgage or deed of trust and that the mortgagee or beneficiary intends to proceed with a foreclosure proceeding.
- OUT OF AREA
- In excess of 10 road/driving miles distance of the subject property.
- Every mortgagor, mortgagee, trustee, agent, real estate agency, property manager or interested party, who alone or severally with others:
- A. Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise; or
- B. Has care, charge or control of any dwelling, dwelling unit or parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
- C. Is a mortgagee in possession of any such property; or
- D. Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
- E. Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply as if he were the owner. However, this chapter shall not apply to any condominium association or co-op that forecloses or initiates the foreclosure process for unpaid assessments due or owing the association; or
- F. Every person who operates a rooming house; or
- G. Is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities transactions and has initiated the foreclosure process.
- OWNER OF RECORD
- The person having recorded title to the property at any given point in time as set forth in the records recorded with the Registrar of Deeds of Atlantic County.
- Any unimproved or improved real property, real estate, residential property, commercial property or portion thereof, located in the City of Pleasantville, including buildings or structures situated on the property regardless of condition. For the purposes of this section only, "property" does not include property owned by or subject to the control of the City or any of its governmental bodies or agencies including, but not limited to, property owned or controlled by the Federal Department of Housing and Urban Development.
- QUALITY OF LIFE
- Shall encompass the City of Pleasantville Resolution 33-2015.
- RESIDENTIAL BUILDING
- Any improved real property or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchanges as "residential" whether or not it is legally permitted and/or zoned for such use.
- RESIDENTIAL PROPERTY
- Any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes.
- Such measures as may be directed by the City Code Enforcement Officer or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing or replacement of fences and walls, chaining/padlocking of gates, and the repair, replacement or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
- The person, firm or corporation holding a deed of trust on a property.
- A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
- A building, structure, property or unimproved land that is unoccupied or not legally occupied.
Within 10 days of the acquisition of title by deed in lieu of foreclosure or Sheriff sale by the mortgagor/trustee or interested party, such party shall record, with the City of Pleasantville Code Enforcement Department, documents that list the name of the corporation, and/or individual, the mailing address and contact phone number of the new owner/beneficiary/trustee responsible for receiving payments associated with the mortgage/deed of trust.
Any mortgagor, mortgagee, trustee or owner, who holds a deed or a mortgage on a vacant property located within the City of Pleasantville, must register the property with the Code Enforcement Department and perform an inspection of the property. If the property is found to be vacant or shows evidence of vacancy, by the mortgagor, mortgagee, trustee, owner or enforcement authority, it is, by this chapter, deemed vacant and each of the mortgagor, mortgagee, trustee, or owner shall, within 30 days of the inspection, register the property with the Code Enforcement Department on forms provided by the City.
All registrations must state the mortgagor, mortgagee, trustee, owner, agent, property manager or other interested parties that are responsible for the security, maintenance and marketing of the property, direct name, phone number and mailing address. The mailing address may not be a P.O. box. This registration must also certify that the property was inspected and identify whether the property is vacant at the time of filing.
If the property is vacant, the mortgagor, mortgagee, trustee, owner, agent, property manager or other interested parties must designate and retain an individual, property management company or interested party responsible for the security and maintenance of the property. This designation must state the individual, property Management Company or interested parties' direct name, phone number and mailing address. The mailing address may not be a P.O. box. If the property is in the process of foreclosure, then the registration must be received within seven days of the "initiation of the foreclosure process" as defined in § 205-4, Definitions, hereinabove. If the enforcement authority determines that the property is vacant and the foreclosure proceedings have not been initiated, the registration must be received within 30 days of the enforcement authority's first notice of violations or summons for improper security and/or maintenance.
The registration shall include the insurance certificate required under § 205-11, Maintenance requirements, as defined therein, as well as any additional information that the enforcement authority may reasonably require. Each property having a separate tax block and lot number shall be registered separately.
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the City against the owner or owners of the property.
A registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year in which the registration was initially required. All fees are nonrefundable. In the event that the property remains vacant, subsequent registrations and fees are due January 1 of each year and must be received no later than March 31 of the year due.
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust or mortgage and any properties transferred under a deed in lieu of foreclosure.
Properties subject to this chapter shall remain under the annual registration requirement and security and maintenance standards of this section as long as such properties remain vacant.
Once the property is no longer vacant or is sold or otherwise transferred, the owner must provide proof of sale, transfer or occupancy to the Code Enforcement Department within 30 days of sale, transfer or occupancy.
Any person, firm or corporation that has registered a property under this chapter must report any change of information contained in the registration within 10 days of the change.
A property, apartment or dwelling unit that the owner or responsible party legally occupies for summer seasonal use beginning on May 15 and ending September 15 is exempt from paying vacant property registration fees. The owner or responsible party must register the property, apartment or dwelling unit as a vacant property and are subject to all other requirements of this chapter as defined herein.
The initial fee for registering a vacant property shall be $500. The initial registration fee shall be prorated at a rate of $41.66 per month or the initial registration fee divided by 12 multiplied by the remaining number of months in the initial registration calendar year. The fee for the first renewal is $1,000 and the fee for the second renewal is $2,000. The fee for any subsequent renewal beyond the second renewal is $3,000.
To assist in a broad strategy designed to stabilize and vitalize the City's neighborhoods and to attract home buyers and businesses, no less than 75% of any money collected of the annual fees and liens shall be set aside in an account to be utilized by the municipality for municipal code enforcement, housing, community and economic development purposes.
The funds in the account may be used:
To abate problem and or nuisance properties that have become neglected, deteriorated, and has become a blighted property in need of demolition; and
For facade and landscaping projects that complement neighborhood aesthetics and facilitate adjoining property owners' ability to regain some of the lost equity that downturns in housing values have stripped from them and increase housing values; and
To support the administration and management of the municipality's efforts to monitor, administer, and manage vacant and abandoned properties in the City;
To support the City's activities and allow greater flexibility with future code enforcement, housing, community and economic development initiatives.
The Code Enforcement Officer may issue rules and regulations for the administration of the provisions of this chapter.
Properties subject to the requirements of this article must be maintained in accordance with all applicable federal, state and local laws, rules and regulations. The mortgagor, mortgagee, trustee, owner, agent, real estate agency, property manager and/or other interested parties must inspect the property twice a month for the duration of the vacancy.
Properties subject to this article shall be, in comparison to the neighborhood standard, kept free of weeds; dry bush; dead vegetation; trash; junk; debris; building materials; unregistered vehicles; internal combustion engine vehicles; any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law; discarded personal items, including but not limited to, furniture, clothing, and large and small appliances; printed material; or any other items that give the appearance that the property is vacant.
The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.
Front, rear and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required.
"Landscape" includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed especially for residential or commercial installation.
"Maintenance" includes, but is not limited to the removal or repair of, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar material; in addition to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.
Pools and spas shall be kept in working order so that the water remains clear and free of pollutants and debris or drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the City.
Insurance certificates. The owner of any vacant property shall acquire or otherwise maintain liability insurance, in an amount of not less than $300,000, for buildings designated primarily for use as residential units and not less than $1,000,000 for any other building, including, but not limited to, buildings designated for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the Code Enforcement Department within 30 days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration form submitted that does not include such evidence shall not be deemed to be a valid registration.
Adherence to this section does not relieve the mortgagor, mortgagee, real estate agency, trustee, owner, agent, property manager or interested parties of any obligations set forth in any the laws of the State of New Jersey, any applicable regulations of any state agency having jurisdiction, the Code of the City of Pleasantville, covenants, conditions and restrictions set forth in any deed, and/or homeowners' association rules and regulations which may apply to the property.
Properties subject to this article shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
"Secure manner" includes but is not limited to the closure and locking of windows, doors (walkthrough, sliding and garage) gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows, "securing" means the re-glazing or boarding of the window.
If the property is owned by a corporation and/or out-of-area mortgagor, mortgagee, trustee or owner, a local property management company or individual shall be contracted to perform biweekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.
The property shall be posted with name and a twenty-four-hour contact phone number of the local property management company or interested party. The posting shall be 8.5 inches by 11 inches and shall contain along with the name and twenty-four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street, or if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather-resistant materials. The local property management company or responsible party shall inspect the property on a biweekly basis to determine if the property is in compliance with the requirements of this chapter.
In addition to the enforcement remedies established in Chapter 207 of the City Code, the Code Enforcement Officer or his or her designee shall have the authority to require any mortgagor, mortgagee, trustee, owner and/or owner of record of any property affected by this article, to implement additional maintenance and/or security measures including but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code, N.J.A.C. 5:10 (2013), as approved by the Department of Community Affairs, is adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.
In accordance with the provisions of Chapter 207, the Property Maintenance Code of the City of Pleasantville is adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.
At any time after filing a registration form or renewal of registration form, the owner of any vacant property shall provide access to the enforcement authority to conduct exterior and interior inspections of the building to determine compliance with municipal codes, on reasonable notice to the property owner or interested party and to issue summonses for any violations.
The Construction Code Official in the Code Enforcement Department, in addition to all other City officials empowered by the City Code or general law to take enforcement action or issue summons for violations of state statutes and/or the provisions of the City Code are hereby authorized to enforce this chapter and issue summons for violations of any section of this chapter.
Any mortgagor, mortgagee, trustee, owner and/or owner of record who fails to register a vacant property under the provisions of this chapter shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all processes in an administrative proceeding brought to enforce code provisions concerning the property.
Violations of this chapter shall be treated as a strict liability offense, regardless of intent. Any person, firm and/or corporation that violate any portion of this chapter shall be subject to prosecution, administrative enforcement and or placement of the property on the City of Pleasantville abandoned properties list. Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not less than $300 and not more than $1,000 for each offense or be subject to imprisonment in the county jail for a period of 90 days or by a period of community service not exceeding 90 days. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.
Nothing contained herein shall prevent the Department of Public Works, in a case of an unregistered or delinquent registered vacant property, from cleaning up the property on an as-needed basis and imposing a lien against the property for associated costs as set forth in Subsection C.
Any fine(s) or cost(s) associated with cleaning up the property that remains uncollected or unpaid shall, by resolution of the City Council, become a lien upon the property, which lien shall hereafter form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes to be collected and enforced by the same officers and in the same manner as taxes in accordance with the provisions of N.J.S.A. 40:48-2.14 and Chapter 261, Taxation, of the Code of the City of Pleasantville.
This article shall be known as and may be cited as "Abandoned Property List; Maintenance and Compliance Monitoring."
It is the intent of this article to, through the adoption of this article, establish an abandoned property list and management system, and authorize new, and changes to existing, policies and procedures for the inventory, identification, maintenance and compliance monitoring of abandoned properties as a mechanism to protect and preserve the public health, safety, welfare, security, neighborhood vitality, economic vitality and quiet enjoyment of residents, by:
In addition to any other remedies in law or equity not set forth herein, enforcement authority shall be vested in the Code Enforcement Department and their respective inspectors, including, but not limited, to the Construction Department and Atlantic County Health Department, Police Department, Fire Department and Department of Public Works, which shall also have enforcement authority with respect to this chapter. The Mayor, with the advice and consent of Council, may also designate, when necessary, additional enforcement duties for other City departments to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
The Public Officer as designated herein is hereby directed to identify abandoned properties within the municipality, place said properties in an abandoned property list as provided in Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55 et seq.), 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.
The abandoned property list shall apply to the entire City of Pleasantville.
The Construction Official/Zoning Officer and the City Administrator in the City of Pleasantville are hereby designated as the Public Officer for the purpose of carrying out the responsibilities established by this chapter, and shall have all the responsibilities and powers provided by law.
The Public Officer as designated herein shall exercise the authority granted the municipality pursuant to Section 13 of P.L. 2003, c. 210, to designate qualified rehabilitation entities to act as a designee of the municipality with respect to provisions of that section.
The Public Officer shall provide a report to the governing body every six months, with respect to the number and location of properties on the abandoned property list, the status of those properties, and any actions taken by the City or by any qualified rehabilitation entity designated pursuant to the authority granted the Public Officer with respect to any property on the list or any other abandoned property within the City of Pleasantville.
Properties subject to this article shall be maintained in accordance with the requirements of § 205-12 set forth above.
The Public Officer shall identify all properties within the municipality which are deemed abandoned pursuant to N.J.S.A. 55:19-78 et seq.
Each item of abandoned property shall be identified by tax block and lot number, the name of the owner of record (if known), and the street address of the lot.
Upon identification of abandoned property, the Public Officer shall create and maintain a list of such property to be called the "abandoned property list." Properties may be added to the list at any time or deleted from the list at any time 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 the procedure set forth in N.J.S.A. 55:19-105.
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 the rehabilitation work authorized by those permits. A property on which an entity other than the municipality has purchased or taken assignment from the municipality of a tax sale certificate, which has been placed on the abandoned property list, may be removed from the list in accordance with the provisions of N.J.S.A. 55:19-103.
The Public Officer, within 10 days of the establishment of the abandoned property list, or any additions thereto, 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 and shall cause the list to be published in the official newspaper of the municipality, which publication shall constitute public notice. 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 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 provided in 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 N.J.S.A. 55:19-81, 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 Atlantic County Clerk. This filing shall have the same force and effect as a notice of lis pendens under N.J.S.A. 2A:15-6.
The Public Officer shall seek reimbursement for the postage costs and search fees associated with providing notice from the authority (as defined in N.J.S.A. 40:48-2.4), or its subsidiaries, in accordance with procedures and rules promulgated by the Department of Community Affairs.
The City of Pleasantville, through its appropriate officials, including, but not limited to, the Public Officer, shall have all powers afforded to the municipality, and its agents, servants and employees, under the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78, including, but not limited, the power to transfer possession and control of an abandoned property in need of rehabilitation to a municipality, pursuant to N.J.S.A. 55:19-84, subject, nevertheless, to the procedural requirements for same set forth in said Act; the power to enter, secure, stabilize, repair or inspect the property under N.J.S.A. 55:19-86; the power to exercise its rights to further rehabilitation and reuse the property under N.J.S.A. 55:19-90 et seq.; the power to impose liens upon, undertake improvements to, and borrow funds to facilitate powers delegated to municipalities under said Act, in accordance with said Act; and all such powers and authority delegated to municipalities under said Act, as well as those set forth at N.J.S.A. 40:48-2.3 et seq., all of which statutes are incorporated herein and made a part hereof by reference.
The remaining provisions of the City Code shall continue in full force and effect to the same extent as if herein fully repeated.