Town of Kearny
New Jersey

Resolution
(R)-2018-270

Resolution Authorizing the Town Attorneys to Institute Court Action as Needed for Interior Access to the Abandoned Properties at 279 Forest Street, 347 Forest Street, 349 Forest Street, 369 Forest Street and 229 Chestnut Street for Valuation Prior to Commencement of Eminent Domain Actions.

Information

Department:Town AttorneySponsors:Mayor Alberto G. Santos
Category:Recommendations

Body

              WHEREAS, under the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq. and Town Ordinance 2016-53 adopted in connection herewith, the Town designated 279 Forest Street, 347 Forest Street, 349 Forest Street, 369 Forest Street and 229 Chestnut Street (the “Properties”) as abandoned properties; and

 

WHEREAS, pursuant to the state statute, the Town has the right to acquire possession of these Properties through eminent domain, with the cost of acquisition based on a number of factors, including the cost to renovate or demolish the abandoned buildings; and

 

WHEREAS, the Town has engaged Neves Architecture & Design (“Neves”) to determine the aforesaid costs, and Neves has advised the Town that it cannot complete that process without interior access to the buildings on the Properties; and

 

WHEREAS, the Town attorneys have requested permission of the owners of these Properties to gain access; and

 

WHEREAS, some of the owners have not responded and others have advised that they are about to demolish the building or sell the property to an owner who intends to renovate or demolish the building; and

 

WHEREAS, the Town wishes to authorize the Town Attorneys to institute court action for interior access against the property owners that do not provide voluntary access and/or do not proceed to promptly obtain demolition or building permits, now, therefore, be it

 

RESOLVED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey, that:

 

1.              The Town Attorneys are hereby authorized to institute court action against the property owners that do not provide voluntary access and/or do not proceed to promptly obtain demolition or building permits, which court action shall be to gain interior access to the buildings to determine renovation/demolition costs and associated value.

 

2.              The Town Attorneys are authorized to take any other action needed in connection with the proposed eminent domain actions against these Properties

 

3.              This Resolution shall take effect immediately.

Meeting History

Apr 24, 2018 7:00 PM  Council Caucus / Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Carol Jean Doyle, Council Member
SECONDER:Alberto G. Santos, Mayor
AYES:Carol Jean Doyle, Michael Landy, Susan McCurrie, Eileen Eckel, Albino Cardoso, Richard Konopka, Marytrine DeCastro, Peter Santana, Alberto G. Santos

Discussion