[HISTORY: Adopted by the Council of the Township of Montclair 3-28-1995
by Ord. No. 95-14. Amendments noted where applicable.]
The Township Council or its authorized representative shall be permitted
to sell any real property, capital improvements or personal property or interest
therein not needed for public use, other than municipal lands or real property
otherwise dedicated or restricted pursuant to law, and except as otherwise
provided by law in accordance with the procedures and methods described in
N.J.S.A. 40A:12-13.
A.
In addition to the requirements of advertising and publication
of such sale set forth in the above statute, notice of the sale shall also
be given to the owners of all real property as shown on the current tax duplicates
located within 200 feet in all directions of the property which is intended
to be sold and all adjoining property which is under common ownership and
whether located within or without this municipality.
B.
Such notice shall be given by serving a copy thereof
on the owner as shown on said current tax duplicate or his or her agent in
charge of the property or by mailing a copy of the advertisement to bid by
certified mail to the property owner at his or her address as shown on said
current tax duplicate. A return receipt is not required. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate owner
may be made by service upon its President, a Vice President, Secretary or
other person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal property
regime, community trust or homeowners' association, because of its ownership
of common elements or areas located within 200 feet of the property which
is the subject of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on account
of such common elements or areas.
C.
The requirement of service shall be satisfied by notice
to the condominium association, in the case of any unit owner who has a unit
above or below it, or horizontal property regime, in the case of any co-owner
who has an apartment above or below it.