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AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTIES IDENTIFIED AS ABANDONED PROPERTIES PURSUANT TO THE NEW JERSEY URBAN REDEVELOPMENT ACT, N.J.S.A. 55:19-20 ET SEQ. AND THE ABANDONED PROPERTIES REHABILITATION ACT, N.J.S.A. 55:19-78 ET SEQ.
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WHEREAS, the New Jersey Legislature adopted the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:18-78 et seq. (the “APRA”) and, in adopting the APRA, made findings that abandoned properties, particularly those located within urban areas or in close proximity to occupied residences and businesses, create a wide range of problems for the communities in which they are located, fostering criminal activity, creating public health problems and otherwise diminishing the quality of life for residents and business operators in those areas and that abandoned properties diminish the property values of neighboring properties and have a negative effect on the quality of life of adjacent property owners, increasing the risk of property damage through arson and vandalism and discouraging neighborhood stability and revitalization; and
WHEREAS, in furtherance of the powers granted to it under the APRA, the Municipal Council of the City of Newark (the “Municipal Council”) adopted Ordinance 6S&Fc on March 21, 2007, authorizing a public officer designated by the Mayor to identify privately-owned abandoned properties within the City, to place such properties on an abandoned properties list, and to provide such other notices and to take such other actions necessary to effectuate an abandoned property list (the “Abandoned Property Ordinance”); and
WHEREAS, the Mayor designated the City’s Deputy Mayor/Director of the Department of Economic and Housing Development (the “Deputy Mayor/Director”) to serve as the “public officer” for abandoned properties located within the City pursuant to the City’s Abandoned Property Ordinance and the APRA; and
WHEREAS, the Deputy Mayor/Director has identified and placed certain privately-owned abandoned properties on the City’s abandoned property list in accordance with the procedures set forth within the City’s Abandoned Property Ordinance and the APRA; and
WHEREAS, the Deputy Mayor/Director has also identified additional privately-owned abandoned properties that appear to satisfy the APRA requirements and intends to place these additional properties on the City’s abandoned properties list in accordance with the procedures set forth within the City’s Abandoned Property Ordinance and the APRA; and
WHEREAS, the APRA authorizes municipalities to acquire abandoned properties through negotiated purchase or eminent domain in order to arrange for the rehabilitation and reuse of such abandoned properties; and
WHEREAS, the City wishes to acquire the properties listed on the attached Exhibit A that are currently on the City’s abandoned properties list and/or that are anticipated to be added to the abandoned properties in order to arrange for their rehabilitation and reuse; and
WHEREAS, the Municipal Council wishes to authorize the Deputy Mayor/Director to negotiate for the acquisition of the Abandoned Properties, and if negotiated purchase cannot be effectuated, to initiate eminent domain actions to acquire title to the Abandoned Properties under the APRA so long as all legal prerequisites for eminent domain actions to completion and to arrange for the City to satisfy and judgements entered in such eminent domain proceedings.
NOW, THEREFORE, BE IT ORDAINED, BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The Deputy Mayor/Director of Economic and Housing Development is hereby authorized to negotiate for the acquisition of the Abandoned Properties, and if negotiated purchase cannot be effectuated, to initiate eminent domain actions to acquire title to the Abandoned Properties under the APRA so long as all legal prerequisites for eminent domain actions to completion and to arrange for the City to satisfy and judgements entered in such eminent domain proceedings.
Section 2. The Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to execute any and all agreements and other legal documents necessary to accomplish the acquisition of the Abandoned Properties, including but not limited to land sale contracts and deeds for individual Abandoned Properties and Verified Complaints, Certifications, and any other necessary documents for eminent domain proceedings for individual Abandoned Properties.
Section 3. The Deputy Mayor/Director of the Department of Economic and Housing Development shall place a copy of all agreements and other legal documents necessary to accomplish the acquisition of the Abandoned Properties, including but not limited to land sale contracts and deeds for individual Abandoned Properties and Verified Complaints, Certifications, and any other necessary documents authorized by this ordinance on file in the Office of the City Clerk.
Section 4. If any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provisions so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective.
Section 5. This ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
Ordinance authorizing the acquisition of properties identified as Abandoned Properties pursuant to and in furtherance of the goals of the New Jersey Urban Redevelopment Act, N.J.S.A. 55:19-20 et seq. and the of the New Jersey Abandoned Property and Rehabilitation Act, N.J.S.A. 55:19-78 et seq.