A.
Except as provided in N.J.S.A. 55:19-83, any property that has not
been legally occupied for a period of six months may be deemed to
be an abandoned property upon a determination by the Code Enforcement
Officer, or such other public officer designated or appointed by the
Township Administrator pursuant to N.J.S.A. 40:48-2.5, if at a minimum,
any two or more of the following criteria are met:
(1)
The property is in need of rehabilitation in the reasonable judgment
of the Code Enforcement Officer, pursuant to N.J.S.A. 40:48-2.5, and
no rehabilitation has taken place during that same six-month period.
(2)
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction for a period of time in accordance with the Uniform
Construction Code.
(3)
At least one installment of property tax remains unpaid and delinquent
on that property as of the date of a determination.
(4)
The property has been determined to be a nuisance by the Code Enforcement
Officer, for one or more of the following reasons:
(a)
The property has been found to be unfit for human habitation,
occupancy, or use pursuant to N.J.S.A. 40:48-2.3.
(b)
The condition and vacancy of the property materially increases
the risk of fire to the property and adjacent properties.
(c)
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.
(d)
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.
(e)
The dilapidated appearance or other condition of the property
materially affects the welfare, 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.
A.
The Code Enforcement Officer shall identify abandoned property within
the Township of Old Bridge for the purpose of establishing an abandoned
property list. The abandoned property list shall include, for each
abandoned property identified, the tax block and lot number, the name
of the owner of record, if known, street address of the lot and the
date added to the list. The Code Enforcement Officer may add properties
to the abandoned property list at any time, and may delete properties
at any time when he or she finds that the property no longer meets
the definition of an abandoned property.
B.
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 rehabilitation
work authorized by those permits. A property on which an entity other
than the Township of Old Bridge has purchased or taken assignment
from the Township of a tax sale certificate which has been placed
on the abandoned property list may be removed if the owner of the
certificate pays all municipal 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 in accordance with the provisions of N.J.S.A. 55:19-103.
C.
The Code Enforcement Officer shall establish the abandoned property
list, after which a notice of violation will be sent, certified mail,
return receipt requested, and by regular mail, to the owner of record
and any stakeholder. The notice of violation shall identify the property
determined to be abandoned, setting forth the owner of record and
any stakeholder, if known, the tax lot and block number, street address
and the date the property was added to the list. The Code Enforcement
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 N.J.S.A. 54:4-64(d). 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 N.J.S.A. 40:48-2.7. The mailed notice shall
indicate the factual basis for the finding of the Code Enforcement
Officer, that the property is abandoned as that term is defined herein
and in N.J.S.A. 55:19-54, and shall specify 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 Code Enforcement Officer
in the Office of the Middlesex County Clerk. This filing shall have
the same force and effect as a formal notice under N.J.S.A. 2A:15-6.
The notice shall be captioned with the name of the Township of Old
Bridge as "plaintiff" and the name of the property owner as "defendant,"
as though an action had been commenced by the Township against the
owner.
D.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list by appealing that determination to
the Township Administrator 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 Code Enforcement
Officer, shall have 40 days from the date upon which notice was posted,
whichever is later, to challenge the inclusion of a property on the
abandoned property list. For good cause shown, the Township Administrator
may 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, a
hearing shall be scheduled 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
asserting that the property is not an abandoned property, 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 an abandoned property as that term is
defined in N.J.S.A. 55:19-54. The Township Administrator 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.
E.
The property owner may challenge an adverse determination of an appeal,
in accordance with the New Jersey Court Rules, a summary trial proceeding
in the Superior Court, Middlesex County. Such action shall be instituted
within 20 days of the date of the notice of decision. The sole ground
for appeal and new hearing before the Superior Court shall be that
the property in question is not an abandoned property as that term
is defined in 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.
F.
The Township shall promptly remove any property from the abandoned
property list that has been determined by the Township Administrator
or on appeal not to be abandoned and may, in its discretion, remove
properties from said list whenever he deems such removal appropriate
under the circumstances.
G.
The abandoned property list shall become effective, and the Township
of Old Bridge shall have the right to pursue any legal remedy with
respect to properties on the list, at any time after at least one
property has been placed on the list and following the expiration
of the period for appeal with respect to that first property or upon
the denial of an appeal brought by the property owner of that first
property.
A.
An owner may request removal of their property from the abandoned
property list prior to sale of the tax sale certificate by paying
all taxes and Township liens due, including interest and penalties,
and:
(1)
By posting cash or a bond equal to the cost of remediating all conditions
because of which the property has been determined to be abandoned
pursuant to N.J.S.A. 55:19-55 and by posting cash 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 Township stating that the cash or bond
adequately covers the cost of the cleanup; or
(2)
By demonstrating to the satisfaction of the Township that the conditions
rendering the property abandoned have been remediated in full; provided,
however, that where the Administrator finds that the owner is actively
engaged in remediating the conditions because of which the property
was determined to be abandoned, as evidenced by significant rehabilitation
activity on the property, may be granted 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 cash 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 the cash 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
New Jersey 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 Township, which shall use the cash 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.
The Township Committee, with the approval of the Court, may place
a lien on the property to cover any costs of the Township in connection
with any proceeding under N.J.S.A. 55:19-78 et seq., incurred prior
to the grant by the Court of an order of possession, 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 Township lien for the purposes of N.J.S.A. 54:5-9,
with the rights and status of a Township lien pursuant thereto.
B.
Where the Township 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.
C.
The Court may authorize the Township of Old Bridge 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 N.J.S.A. 55:19-97.
D.
Upon approval by the Court, the Township 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 N.J.S.A. 55:19-97.
E.
With the exception of the holding of special tax sales pursuant to
N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78,
et seq. shall be available to the Township with respect to any abandoned
property, whether or not the Township has established an abandoned
property list and whether or not the property at issue has been included
on any such list.
