[Added 12-8-2008 by Ord. No. 23-2008; amended 10-14-2014 by Ord. No.
27-2014; 2-23-2015 by Ord. No. 7-2015]
As used in this article, the following terms shall have the
meanings indicated:
Any property that is determined to be abandoned pursuant
to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) as follows:
Property must not have been legally occupied for six months
and must meet any one of the following criteria:
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.
Construction was initiated and 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 determination
that the building is abandoned.
At least one installment of property tax remains unpaid and
delinquent as of the date of determination.
The property has been determined to be a nuisance by the Public
Officer as defined in this section.
Exceptions to abandoned property.
A property on which an entity other than the municipality holds
a tax sale certificate is not deemed to be abandoned if the owner
of the certificate 1) continues to pay all municipal taxes and liens
when due; and 2) initiates foreclosure proceedings within six months
after the property is eligible for foreclosure.
The City of East Orange.
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.
Any property that is determined by the Public Officer to
be a nuisance if any one of the following applies:
The property is found to be unfit for human habitation, occupancy
or use pursuant to N.J.S.A. 40:48-2.3.
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties.
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the municipality
has secured the property in order to prevent such hazards after the
owner has failed to do so.
The presence of vermin or the accumulation of debris, uncut
vegetation or physical deterioration of the structure or grounds have
created potential health and safety hazards and the owner has failed
to take reasonable and necessary measures to remove the hazards; or
The dilapidated appearance or other condition of the property
materially affects, 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.
The holder or holders of title to an abandoned property.
The Director of Property Maintenance and Code Enforcement
or any designees of the Director of Property Maintenance and Code
Enforcement.
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 P.L. 2003, c. 10 (N.J.S.A. 55:19-78 et seq.) to carry
out the rehabilitation of vacant buildings in urban areas.
Any residential or commercial building which is not legally
occupied by a mortgagor or tenant, which is in such condition that
it cannot be legally reoccupied, and at which at least two of the
following conditions exist:
[Added 12-19-2022 by Ord. No. 36-2022]
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation;
provided, however, that any property that contains all building systems
in working order and is being actively marketed by its owner for sale
or rental shall not be deemed vacant. Residential properties that
meet the aforementioned criteria and are subject to a summons and
complaint in an action for foreclosure shall be deemed vacant property
in accordance with P.L. 2014, c. 35. Property determined to be abandoned
property in accordance with the meaning of such term in the Abandoned
Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also
be deemed to be vacant property for the purposes of this article.
[Added 12-19-2022 by Ord. No. 36-2022]
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, and provide such notices and
carry out such other tasks as are required to effectuate an abandoned
property list as provided by law.
The Public Officer shall provide a report to the Mayor, City
Administrator and 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 municipality
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 East
Orange.
The Public Officer shall establish the abandoned property list
or any additions thereto by publication in the official newspaper
of the City of East Orange, which publication shall constitute public
notice and, within 10 days after publication, shall send a notice,
by certified mail, return receipt requested, and by regular mail,
to the owner of record of every property included on the list. The
published and mailed notices shall identify 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 Subdivision 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
as provided in Section 5 of P.L. 1942, c. 112 (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 Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54)
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 Essex County Clerk or Register of Deeds and Mortgages.
This filing shall have the same force and effect as a notice of lis
pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the
name of the property owner as defendant and the name of the City as
plaintiff, as though an action had been commenced by the City against
the owner.
A.
An owner or lienholder may challenge the inclusion of his or her property on the abandoned property list by appealing that determination to the Public Officer within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the Public Officer shall have 40 days from the date upon which notice was published or posted, whichever is later, to challenge the inclusion of a property on the abandoned property list. For good cause shown, the Public Officer shall accept a late filing of an appeal. Within 30 days of receipt of a request for an appeal of the findings contained in the notice pursuant to § 159-209, the Public Officer shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification by the property owner averring that the property is not abandoned and stating the reasons for such averment, can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation, such as but not limited to photographs, repair invoices, bills and construction contracts. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The Public Officer shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefor.
B.
The property owner may challenge an adverse determination of an appeal with the Public Officer pursuant to § 159-210A by instituting, in accordance with the New Jersey Court Rules, a summary proceeding in the Superior Court, Law Division, sitting in Essex County, which action shall be tried de novo. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the Public Officer pursuant to Subsection A of this section. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined in Section 35 of P.L. 1996, c. 62 (N.J.S.A. 55:19-54). The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the Court may extend the deadline for instituting the action.
C.
The Public Officer shall promptly remove any property from the abandoned
property list that has been determined not to be abandoned on appeal.
D.
The abandoned property list shall become effective, and the City
of East Orange shall have the right to pursue any legal remedy with
respect to properties on the abandoned property list, at such time
as any one property has been placed on the list in accordance with
the provisions of this section, upon the expiration of the period
for appeal with respect to the property or upon the denial of an appeal
brought by the property owner.
A.
Notwithstanding N.J.S.A. 54:5-19 or the provisions of any other law
to the contrary, if a property is included on the abandoned property
list and the property taxes or other municipal liens due on the property
are delinquent six or more quarters as of the date of expiration of
the right to appeal inclusion on the list, or, if an appeal has been
filed, as of the date that all opportunities for appeal of inclusion
on the list have been exhausted, then the tax lien on the property
may be sold in accordance with the procedures in the "tax sale law,"
N.J.S.A. 54:5-1 et seq., on or after the 90th day following the expiration
of that time of appeal or final determination on an appeal, as appropriate.
The City of East Orange may, at its option, require that the sale
of the tax sale certificate or any subsequent assignment or transfer
of a tax sale certificate held by the City be subject to the express
condition that the purchaser or assignee shall be obliged to perform
and conclude any rehabilitation or repairs necessary to remove the
property from the abandoned property list pursuant to Section 36 of
P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and to post a bond in favor of
the municipality to guarantee the rehabilitation or repair of the
property. The Public Officer may waive a requirement to post a bond
imposed by a municipality for any purchaser, assignee or transferee
of a tax sale certificate that provides documentation acceptable to
the Public Officer that the purchaser, assignee or transferee is a
qualified rehabilitation entity as defined in Section 3 of P.L. 2003,
c. 210 (N.J.S.A. 55:19-80). The cost of rehabilitation and repairs
and the cost of the bond shall be added to the amount required to
be paid by the owner for redemption of the property. The purchaser,
assignee or transferee of the tax sale certificate who is required
to rehabilitate and repair the property shall be required to file
the appropriate affidavits with the Tax Collector, pursuant to N.J.S.A.
54:5-62, representing the amounts of moneys expended periodically
toward the rehabilitation or repair of the property. A purchaser,
assignee or transferee shall be entitled to interest on the amounts
expended, as set forth in the affidavits, at the delinquent rate of
interest for delinquencies in excess of $1,500 pursuant to N.J.S.A.
54:4-67 of the City of East Orange in effect for the time period when
the amounts were expended. The tax sale certificate purchaser, assignee
or transferee, under the auspices and with the authority of the City
of East Orange, shall be permitted to enter in and upon the property
for the purposes of appraising the costs of rehabilitation and repair
and to perform all other acts required to guarantee the completion
of the rehabilitation or repair of the property. No rehabilitation
or repair work shall be commenced, however, until proof of adequate
liability insurance and an indemnification agreement holding the City
of East Orange harmless is filed with the Public Officer. If the tax
sale certificate is not purchased at the initial auction of the tax
sale certificate and the municipality purchases the certificate pursuant
to N.J.S.A. 54:5-34, then the City of East Orange is authorized and
empowered to convey and transfer to the New Jersey Redevelopment Authority
or any of its subsidiaries, without receiving compensation therefor,
all of its right, title and interest in that certificate; however,
any portion of the amount paid to the Tax Collector to redeem the
tax sale certificate that represents tax or other municipal lien delinquencies
and subsequent municipal liens, including interest, shall be returned
by the Tax Collector to the City of East Orange.
B.
Remediation.
(1)
If the City of East Orange or the New Jersey Redevelopment Authority
or its subsidiaries acquires the tax sale certificate for a property
on the abandoned property list, then, upon 10 days' written notice
to the property owner and any mortgagee as of the date of the filing
of the lis pendens notice under Subdivision d of Section 36 of P.L.
1996, c. 62 (N.J.S.A. 55:19-55), that entity shall be permitted to
enter upon the property and remediate any conditions that caused the
property to be included on the abandoned property list. No remediation
shall be commenced, however, if within that ten-day period the owner
or mortgagee shall have notified the City of East Orange or the New
Jersey Redevelopment Authority or its subsidiary, as appropriate,
in writing that the owner or mortgagee has elected to perform the
remediation itself. When the owner or mortgagee elects to perform
the remediation itself, it shall be required to post bond in favor
of the City of East Orange or the New Jersey Redevelopment Authority
or its subsidiaries, as appropriate, in order to ensure performance.
The amount and conditions of the bond shall be determined by the Public
Officer.
(2)
The cost of remediation incurred by the City of East Orange
or the New Jersey Redevelopment Authority or its subsidiaries pursuant
to this subsection, as so certified by the entity incurring the cost
upon completion of the remediation, shall constitute a lien upon the
property first in time and right to any other lien, whether the other
lien was filed prior to, or after the filing of any lien by the municipality
or the New Jersey Redevelopment Authority, except for municipal taxes,
liens and assessments and any lien imposed pursuant to the Spill Compensation
and Control Act, P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11 et seq.),
together with any interest thereon. The certification of cost shall
be filed and recorded as a lien by the entity incurring the cost with
the County Clerk or Register of Deeds and Mortgages, as appropriate,
in the county in which the property is located.
C.
Property maintained as abandoned property.
(1)
Failure of an owner or lienholder to remove a property from
the abandoned property list within the period of time for appeal of
inclusion of the property on the list pursuant to Subdivision e of
Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), shall be prima
facie evidence of the intent of the owner to continue to maintain
the property as abandoned property.
A.
An owner may remove a property from the list of abandoned properties
prior to sale of the tax sale certificate by paying all taxes and
municipal liens due, including interest and penalties, and:
(1)
By posting a certified check, money order, or a bond equal to
the cost of remediating all conditions because of which the property
has been determined to be abandoned pursuant to Section 36 of P.L.
1996, c. 62 (N.J.S.A. 55:19-55) and posting a certified check, money
order, or a bond to cover the cost of any environmental cleanup required
on the property, evidenced by a certification by a licensed engineer
retained by the owner and reviewed and approved by the Public Officer
stating that the certified check, money order, or bond adequately
covers the cost of the cleanup; or
(2)
By demonstrating to the satisfaction of the Public Officer that
the conditions rendering the property abandoned have been remediated
in full; provided, however, that where the Public Officer finds that
the owner is actively engaged in remediating the conditions because
of which the property was determined to be abandoned pursuant to Section
36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55), as evidenced by significant
rehabilitation activity on the property, the Public Officer may grant
an extension of time of not more than 120 days for the owner to complete
all work, during which time no further proceedings will be taken against
the owner or the property.
B.
If the owner has posted a certified check, money order, or a bond
in order to have a property removed from the abandoned property list
and the conditions because of which the property was determined to
be abandoned have not been fully remediated within one year of the
date of posting a certified check, money order or bond, or, in the
case of a property which requires a remediation of any known, suspected
or threatened release of contaminants, if the owner has failed to
enter into a memorandum of agreement with the Department of Environmental
Protection or an administrative consent order, as the case may be,
or if an agreement or order is in effect but the owner has failed
to perform the remediation in conformance with the agreement or order,
then the cash or bond shall be forfeited to the municipality, which
shall use the a certified check, money order, or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
A.
When a person other than the City of East Orange or the New Jersey
Redevelopment Authority or its subsidiaries acquires a tax sale certificate
for a property on the abandoned property list at tax sale, the purchaser
may institute an action to foreclose the right of redemption at any
time after the expiration of six months following the date of the
sale of the tax sale certificate.
B.
Notwithstanding Section 6 of P.L. 1948, c. 96 (N.J.S.A. 54:5-104.34),
when the City of East Orange is the purchaser at tax sale of any property
on the abandoned property list pursuant to N.J.S.A. 54:5-34, or when
the New Jersey Redevelopment Authority or any of its subsidiaries
acquires the tax sale certificate pursuant to Subdivision a of Section
37 of P.L. 1996, c. 62 (N.J.S.A. 55:19-56), an action to foreclose
the right of redemption may be instituted in accordance with the provisions
of Subdivision b of N.J.S.A. 54:5-77.
C.
After the foreclosure action is instituted, the right to redeem shall
exist and continue to exist until barred by the judgment of the Superior
Court; provided, however, that no redemption shall be permitted except
where the owner:
(1)
Posts a certified check, money order, or a bond equal to the
cost of remediating the conditions because of which the property was
determined to be abandoned pursuant to Section 36 of P.L. 1996, c.
62 (N.J.S.A. 55:19-55), as determined by the Court; or
(2)
Demonstrates to the Court that the conditions because of which
the property was determined to be abandoned pursuant to Section 36
of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) have been remedied in full.
Once a final judgment barring the right of redemption with respect
to a property on the list of abandoned properties has been recorded,
no court shall reopen such judgment at any time except on the grounds
of lack of jurisdiction or fraud in the conduct of the action; in
any such proceeding, the provisions of P.L. 1996, C. 62 (N.J.S.A.
55:19-20 et seq.), shall be construed liberally in favor of the purchaser,
assignee or transferee of the tax sale certificate.
A.
If an entity other than the City of East Orange has purchased or
taken assignment from the City 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 Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) if 1) the owner
of the certificate has continued to pay all City of East Orange 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 Subdivision a or Subdivision 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 Section 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81).
C.
A determination that a property is abandoned property under the provision
of P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), 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 Subdivision 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 P.L. 2003,
c. 210 (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 City of East
Orange may be brought by the City of East Orange in the Superior Court
in Essex County. If the Court shall find that the property is abandoned
pursuant to Section 4 of P.L. 2003, c. 210 (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 City of East
Orange to take possession and control of the property and develop
a rehabilitation plan.
B.
The City of East Orange, 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 Section 15 of P.L. 2001 c. 210 (N.J.S.A. 55:19-92).
C.
Failure by the owner, mortgage holder or lienholder to submit plans
for rehabilitation to the City of East Orange, 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.
A complaint filed pursuant to Section 7 of P.L. 2003, c. 210 (N.J.S.A.
55:19-84) shall include:
(1)
Documentation that the property is on the municipal abandoned
property list or a certification by the public officer that the property
is abandoned; and
(2)
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 P.L. 2003, c. 210
(N.J.S.A. 55:19-78 et seq.), the plaintiff shall file a notice of
lis pendens with the County of Essex Recording Officer.
B.
At least 30 days before filing the complaint, the City of East Orange
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 Section 4 of P.L. 2003, c. 210 (N.J.S.A. 55:19-81). The notice
shall provide that unless the owner or a party in interest prepares
and submits a rehabilitation plan to the appropriate City of East
Orange official, the City will seek to gain possession of the building
to rehabilitate the property, and the associated costs 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 Section 15 of P.L. 2003,
c. 210 (N.J.S.A. 55:19-92). 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 City of East Orange 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 Section 12 of P.L. 2003, c. 210 (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.
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.
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 City may
apply to the Court to have the owner's bond forfeited, possession
of the building transferred to the City to complete the rehabilitation
plan and authorization to use the bond proceeds for rehabilitation
of the property. The owner shall provide quarterly reports to the
City 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 Section 7 of P.L. 2003, c. 210 (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 Section 10 of P.L. 2003, c. 210 (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 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. The
mortgage holder or lienholder, as the case may be, shall provide quarterly
reports to the Court and the City on its activities and progress toward
rehabilitation and reuse of the property. If the mortgage holder or
lien holder 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 City possession of the property, and authorize
the City 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 the 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 Section
11 of P.L. 2003, c. 210 (N.J.S.A. 55:19-88), then the City shall submit
a plan to the Court which conforms with the provisions of Subdivision
b of Section 10 of P.L. 2003, c. 210 (N.J.S.A. 55:19-87). The plan
shall designate the entity which shall implement the plan, which may
be the City or that entity designated in accordance with the provisions
of Section 13 P.L. 2003, c. 210 (N.J.S.A. 55:19-90).
B.
The Court shall grant the City possession of the property if it finds
that:
(1)
The proposed rehabilitation and reuse of the property is appropriate
and beneficial;
(2)
The City is qualified to undertake the rehabilitation and reuse
of the property; and
(3)
The plan submitted by the City represents a realistic and timely
plan for the rehabilitation and reuse of the property.
C.
The City 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 subsection,
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 P.L. 1992, c. 79 (N.J.S.A.
40A:12A-1 et seq.), or a neighborhood revitalization plan pursuant
to P.L. 2001, c. 415 (N.J.S.A. 52:27D-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 City may exercise its rights under P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et seq.), directly, or may designate a qualified rehabilitation
entity to act as its designee for the purpose of exercising the City's
rights where that designation will further the rehabilitation and
reuse of the property consistent with the City's plans and objectives.
This designation shall be made by resolution of the Council of the
City of East Orange. The City Council may delegate this authority
to the Public Officer.
B.
Regardless of whether the City exercises its rights directly or designates
a qualified rehabilitation entity pursuant to this section, while
in possession of a property pursuant to P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et seq.), the City shall maintain, safeguard, and maintain
insurance on the property. Notwithstanding the City's possession of
the property, nothing in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.),
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 City has been granted possession of a property pursuant to
Section 12 of P.L. 2003, c. 210 (N.J.S.A. 55:19-89), the City 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. 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 subsection shall be considered legal control
of the property. Notwithstanding the granting of possession to the
City, nothing in P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), 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
City 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. 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 City to rehabilitate
the property and may grant a lien or security interest with priority
over all other liens or mortgages other than municipal liens. Prior
to granting this lien priority, the Court shall find that 1) the City
sought to obtain the necessary financing from the senior lienholder,
which declined to provide such financing on reasonable terms; 2) the
City sought to obtain a voluntary subordination from the senior lienholder,
which refused to provide such subordination; and 3) lien priority
is necessary in order to induce another lender to provide financing
on reasonable terms.
C.
Where the City has been granted possession by the Court in the name
of the City, the City 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: 1) the entity to which the City's rights
will be assigned is a qualified rehabilitation entity; and 2) the
assignment will further the purposes of this section.
D.
Where the City has designated a qualified rehabilitation entity to
act on its behalf, the qualified rehabilitation entity shall provide
quarterly reports to the City on its activities and progress toward
rehabilitation and reuse of the property. The City 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
City or its designee have failed to take diligent action toward rehabilitation
of the property within one year from the grant of possession, then
the Court may request the City to designate another qualified rehabilitation
entity to exercise its rights, or if the City fails to do so, may
terminate the order of possession and return the property to its owner.
E.
The City 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 City 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 City 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 City 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 City, or affect any of the terms or conditions
under which the City has applied for or received financing for the
rehabilitation of the property.
C.
Any petition for reinstatement of the owner's control and possession
of the property filed pursuant to Section 15 of P.L. 2003, c. 210
(N.J.S.A. 55:19-92) shall:
(1)
Include a plan for completion of the rehabilitation and reuse
of the property consistent with the plan previously approved by the
Court;
(2)
Provide legally binding assurances that the owner will comply
with all conditions of any grant or loan secured by the City or repay
those grants or loans in full, at the discretion of the maker of the
loan or grant; and
(3)
Be accompanied by payment equal to the sum of 1) all City liens
outstanding on the property; 2) all costs incurred by the City in
bringing action with respect to the property; 3) any costs incurred
by the City 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 Section 15 of P.L. 2003, c. 210 (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 City to make any repair on the property in the event of a Code
violation which is not corrected in timely fashion by the owner. The
bond or other security may be forfeited 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 Section 15 of P.L.
2003, c. 210 (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 Section 15 of P.L. 2003,
c. 210 (N.J.S.A. 55:19-92), upon petition from the entity in possession,
the Court may grant the City title or authorize the City to sell the
property, subject to the provisions of Section 19 of P.L. 2003, c.
210 (N.J.S.A. 55:19-96).
A.
Where the City 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.
The Court may authorize the City 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. The proceeds of the purchase of the property shall
be distributed as set forth in Section 20 of P.L. 2003, c. 210 (N.J.S.A.
55:19-97).
B.
The City 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 City 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 Section 20 of P.L. 2003, c. 210
(N.J.S.A. 55:19-97).
A.
The proceeds paid pursuant to Subdivision c of Section 19 of P.L.
2003, c. 210 (N.J.S.A. 55:19-96) shall be distributed in the following
order of priority:
(1)
The costs and expenses of sale;
(2)
Other governmental liens;
(3)
Repayment of principal and interest on any borrowing or indebtedness
incurred by the City and granted priority lien status pursuant to
Subdivision a of Section 21 of P.L. 2003, c. 210 (N.J.S.A. 55:19-98);
(4)
A reasonable development fee to the City 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;
(5)
Other valid liens and security interests, in accordance with
their priority; and
(6)
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 City in connection with
a proceeding under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.),
incurred prior to the grant by the Court of an order of possession
under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), 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 City lien for the purposes of N.J.S.A. 54:5-9
with the rights and status of a City lien pursuant thereto.
B.
With the exception of the holding of special tax sales pursuant to
Section 24 of P.L. 2003, c. 210 (N.J.S.A. 55:19-101), the remedies
available under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), shall
be available to the City with respect to any abandoned property, whether
or not the City has established an abandoned property list as provided
in Section 36 of P.L. 1996, c. 62 (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 P.L. 2003,
c. 210 (N.J.S.A. 55:19-78 et seq.), a court may in its discretion
deny a lienholder or mortgage holder of any or all rights or remedies
afforded lienholders and mortgage holders under P.L. 2003, c. 210
(N.J.S.A. 55:19-78 et seq.), if the Court finds that the owner of
a property subject to any of the provisions of P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et seq.) 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.
A.
With respect to any lien placed against any real property pursuant
to the provisions of Section 1 or Section 3 of P.L. 1942, c. 112 (N.J.S.A.
40:48-2.3 or N.J.S.A. 40:48-2.5) or Section 1 of P.L. 1989, c. 91
(N.J.S.A. 40:48-2.3a) or any receiver's lien pursuant to P.L. 2003,
c. 295 (N.J.S.A. 2.A:42-114 et seq.), the City 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.
B.
The Public Officer, with the approval of the Court, may place a lien
on the property to cover any costs of the City in connection with
a proceeding under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.),
incurred prior to the grant by the Court of an order of possession
under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), 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 City lien for the purposes of N.J.S.A. 54:5-9
with the rights and status of a City lien pursuant thereto.
C.
With the exception of the holding of special tax sales pursuant to
Section 24 of P.L. 2003, c. 210 (N.J.S.A. 55:19-101), the remedies
available under P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.), shall
be available to the City with respect to any abandoned property, whether
or not the City has established an abandoned property list as provided
in Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55) and whether
or not the property has been included on any such list.
A.
The City 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 City pursuant to
Section 36 of P.L. 1996, c. 62 (N.J.S.A. 55:19-55). If the City elects
to hold a special tax sale, it shall conduct that sale subject to
following provisions:
(1)
The City 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 the City's 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 City 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;
(2)
The City 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 City, in order to ensure that the properties to
be sold will be rehabilitated or otherwise reused in a manner consistent
with the public interest;
(3)
The City may combine properties into bid packages, and 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;
(4)
The City 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(1) 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 City, and any amount paid by the purchaser to the City at the special tax sale shall be forfeited to the City;
(5)
In the event there are two or more qualified bidders for any
property or bid package in a special tax sale, the City may designate
the unsuccessful but qualified bidder whose bid was closest to the
successful bid as an eligible purchaser;
(6)
In the event that the purchaser of that property or bid package
fails to meet any of the conditions of sale established by the City
pursuant to this section, and the purchaser's interest in the property
or properties reverts to the City, the City 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.
(7)
The City 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 City pursuant to Subsection A(2), (3), or (4) of this section. Nothing shall prohibit the City from holding a special tax sale on the same day as a standard or accelerated tax sale.
A.
With respect to any eminent domain proceeding carried out under Section
37 of P.L. 1996, c. 62 (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:
(1)
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;
(2)
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 City in which the property is
located; and
(3)
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 City has purchased
or taken assignment from the City 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 the City's 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 Section 36 of P.L. 1996, c. 62 (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 subsection, "interested party" shall include any resident
of the City, any owner or operator of a business within the City 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 Subdivision e of Section 36
of P.L. 1996, c. 62 (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.
C.
If notified
by the municipality that the property is vacant and abandoned, the
responsible party shall within 45 days, and until the property is
reoccupied:
[Added 12-19-2022 by Ord. No. 36-2022]
(1)
Enclose
and secure the property against unauthorized entry.
(2)
Post
a sign affixed to the inside of the property and visible to the public
indicating the name, address and telephone number of the responsible
party.
(3)
Acquire
and otherwise maintain liability insurance by procuring a vacancy
policy, covering any damage to any person or any property caused by
any physical condition of the property.
As used in this article, the following terms shall have the
meanings indicated:
Shall include the titleholder, any agent of the titleholder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, § 17), and P.L. 2014, c. 35, or any other entity
determined by the City of East Orange to have authority to act with
respect to the property.
Any building used or to be used as a residence which is not
legally occupied or at which substantially all lawful construction
operations or residential occupancy has ceased, and which is in such
condition that it cannot legally be reoccupied without repair or rehabilitation;
provided, however, that any property that contains all building systems
in working order and is being actively marketed by its owner for sale
or rental shall not be deemed vacant. Residential properties that
meet the aforementioned criteria and are subject to a summons and
complaint in an action for foreclosure shall be deemed vacant property
in accordance with P.L. 2014, c. 35. Property determined to be "abandoned
property" in accordance with the meaning of such term in the Abandoned
Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also
be deemed to be vacant property for the purposes of this section.
A.
Effective November 1, 2014, the owner of any vacant property as defined herein shall within 60 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Public Officer on forms provided by the Public Officer for such purposes. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in § 159-239 of this chapter for each vacant property registered.
B.
Any owner of any building that meets the definition of vacant property prior to November 1, 2014, shall file a registration statement for that property on or before November 30, 2014. The registration statement shall include the information required under § 159-238 of this chapter, as well as any additional information that the Public Officer may reasonably require.
C.
The owner shall notify the Public Officer within 30 days of any change
in the registration information by filing an amended registration
statement on a form provided by the Public Officer for such purpose.
D.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administration enforcement proceeding
or court proceeding instituted by the City against the owner or owners
of the building.
After filing a registration statement or a renewal of a registration
statement, the owner of any vacant property shall provide access to
the City to conduct an exterior and interior inspection of the building
to determine compliance with the municipal code, following reasonable
notice, during the period covered by the initial registration or any
subsequent renewal.
A.
The registration statement shall include the name, street address,
e-mail address and telephone number of a natural person 21 years of
age or older, designated by the owner or owners as the authorized
agent for receiving notices of code violations and for receiving process,
in any court proceeding or administrative enforcement proceeding,
on behalf of such owner or owners in connection with the enforcement
of any applicable code. This person must maintain an office in the
state of New Jersey. The statement shall also include the name, street
address, e-mail address and telephone number of the person responsible
for maintaining and securing the property, if different. Additionally,
the registration statement shall include the names, mailing addresses
and telephone numbers of any creditor owners.
[Amended 7-18-2016 by Ord. No. 34-2016]
B.
In accordance with P.L. 2014, c. 35, the requirements of § 159-238A shall also apply to in-state and out-of-state creditors who have filed a summons and complaint in an action to foreclose a property that is vacant or becomes vacant. Out-of-state creditors shall be required to appoint an in-state representative or agent who shall be listed on the registration statement. Out-of-state creditors shall include the full name and contact information of the in-state representative or agent on the registration statement.
[Amended 7-18-2016 by Ord. No. 34-2016]
C.
An owner who is a natural person and who meets the requirements of
this article as to location of residence or office may designate himself
or herself as agent.
D.
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceedings or administrative enforcement proceedings brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Public Officer of a change of the authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of Article XXV.
E.
Evidence
of any liability insurance shall be provided within 30 days after
the registration.
[Added 12-19-2022 by Ord. No. 36-2022]
[Amended 12-19-2022 by Ord. No. 36-2022]
A.
The initial
registration fee for each building shall be $500. The fee for the
first renewal is $1,500, and the fee for the second renewal is $3,000.
The fee for any subsequent renewal beyond the second renewal is $5,000.
B.
The certificate
of registration remains valid for one year and shall be renewed on
an annual basis if the property remains vacant and abandoned.
The owner of any building that has become vacant property, and
any person maintaining, operating or collecting rent for any such
building that has become vacant, shall, within 30 days:
A.
Enclose and secure the building against unauthorized entry as provided in § 159-63 and other applicable provisions of the code of the City of East Orange; and
B.
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to § 159-238 of this chapter), and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 18 inches by 24 inches; and
C.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
The Mayor and/or his designee may issue rules and regulations
for the administration of the provisions of this article.
In accordance with P.L. 2014, c. 35, if the Public Officer determines that violations of Article XXV have occurred on vacant residential property for which a summons and complaint in an action for foreclosure has been filed by an owner who is a creditor, the Public Officer shall issue a notice to the creditor to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The notice shall include a description of the conditions that gave rise to the violation.
A.
Other than out-of-state creditor owners, any owner who is not in full compliance with Article XXV or who otherwise violates any provision of Article XXV or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000, for each offense. 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. For purposes of this subsection, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of § 159-240 of this chapter, or such other matters as may be established by the rules and regulations of the Mayor or designee of the Mayor shall be deemed to be violations of this article.
B.
In accordance with P.L. 2014, c. 35, if an out-of-state creditor owner that is subject to Article XXV is found by the City's Municipal Court or by any court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent, such creditor owner shall be subject to a fine of $2,500 for each day of the violation. However, any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Subdivision a(1) of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51), for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
C.
In accordance with P.L. 2014, c. 35, if an out-of-state creditor owner that is subject to Article XXV is found by the City's Municipal Court or by any court of competent jurisdiction to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this article, such creditor owner shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
[Amended 7-18-2016 by Ord. No. 34-2016]
D.
In accordance with P.L. 2014, c. 35, no less than 20% of any money
collected from out-of-state creditor owners under this article shall
be utilized by the City for Municipal Code enforcement purposes.
[Added 7-18-2016 by Ord.
No. 34-2016]
Any funds collected as vacant and abandoned property registration
fees in excess of the funds necessary to operate and enforce the provisions
of this article would be for vacant and abandoned property purposes
such as the securing, rehabilitation, foreclosure or demolition of
vacant and abandoned properties within the City of East Orange at
the discretion of the governing body.
