[Adopted 6-7-2012 by Ord. No. 12-17]
Within a period of 60 days from the effective date of this article,
the Business Administrator shall compile and submit to the City Council
a report of all City-owned property, lands and structures alike which
are currently being occupied in whole or in part by individuals or
organizations other than City of Trenton employees under the terms
of a lease, use and occupancy contract, or other form of agreement
or grant of permission, whether formally documented or not. The report
shall identify the property, the occupant(s), reasonably describe
the use, activities or services performed or engaged in; the essential
terms of the rental or use agreement (inception, duration, expiration
date, rental amount) and the total cost, if any, to the City of Trenton
to operate and maintain the property, net of any income derived from
a grant of funding from any source and/or derived from rental from
the occupant(s). The report may be provided in installments such that
the City Council is provided with such information as is most readily
available at the earliest time, consistent with the purpose of this
article.
This article is not intended to affect the terms and conditions of a formal lease or other contract having fixed expiration dates and other terms limiting the rights of occupancy of the occupant, provided that, with respect to any such lease containing a termination clause of 90 days or less, any exercise of such termination clause shall be subject to the provisions of § 54-3.
Pending the initial review by the City Council of a report on
such properties, no individual or organization occupying a City-owned
property under an agreement entered into in good faith with an authorized
representative of the City of Trenton for any activity which serves
the public health, safety and welfare as described above shall be
issued a notice of termination or eviction unless and until the circumstances
giving rise to any such action is presented in a report to the City
Council, the occupant is given an opportunity to appear before the
City Council and to be heard in opposition thereto, and the action
is approved by a majority vote of the members present. Any such notice
issued prior to the adoption of this article and not yet complied
with shall be suspended by the issuing agent or agency on notice to
the occupant.
With respect to each occupied property reported on under § 54-1, the Business Administrator shall:
A.
Render an opinion assessing the overall value to the public or to
City governmental operations of the services and activities of the
current occupants;
B.
Report and advise on any requests received by occupants to modify
the terms of a lease or contract in order to encourage or facilitate
the occupant's opportunity to invest resources for improvements to
the property and to insure the continuation of the services found
to be beneficial to the community, all in accordance with the Local
Lands and Buildings Law (N.J.S.A. 40A:121 et seq.);
C.
Advise on the intention of the Administration to exercise a reserved
right to extend or to terminate a lease or other contract form, and
the reasons therefor; and
D.
Advise on the intention of the Administration to evict or relocate
an occupant whose activities or services are being conducted without
benefit of a written lease or other authority to occupy the City-owned
property.
No action shall be taken to curtail any existing occupancy by the exercise of an option to limit the duration of the lease or contract or by denying a nondocumented occupant the benefits of a formal lease or contract until the City Council and the occupant is provided with written notice of the intent of the Administration, pursuant to § 54-3, and the City Council approves the action after providing the occupant an opportunity to be heard in opposition.
This article shall take effect immediately upon final adoption
and publication, an emergency having been declared as to its effective
date.
