Essex City/Township | OPRA Request
Dear Nutley Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
1) A list of all properties with taxes that are delinquent in amounts of at least $1,500 and beyond that date back to 2021 or prior years. Please include full property location, owner name, amounts, and Class 2 & 1 properties only, if possible.
2) A separate list of all properties with Utilities that are delinquent in amounts of at least $250 and beyond, that date back to 2021 or prior. Please include full property location, owner name, amounts, and Class 2 & 1 properties only, if possible.
3) A list of all properties with open liens in amounts of at least $500 and beyond, that date back to 2021 or prior years. Please include full property location, owner name, amounts, and Class 2 & 1 properties only.
4) A list of all properties that are currently vacant or abandoned. If the
property used to be vacant and no longer is, please do not include. Please include full property location, owner name, and Class 2 & 1 properties only, if possible.
5) A list of all properties that have received code violations for high grass/junk/unkept property that are still active or open. Please do not include closed cases, and provide the type of violation. Also, please include full property location, owner name, and Class 2 & 1 properties only, if possible.
6) A list of all garage sales, applied for this year. Please include owner name, full property address, and date, if possible.
If possible, please put all lists in separate Excel files. If up-to-date data is not available, please provide the most recently available.
I appreciate your time and efforts.
Respectfully,
S. Carrero
S. Carrero,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on June 21, 2022 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
"1) A list of all properties with taxes that are delinquent in amounts of
at least $1,500 and beyond that date back to 2021 or prior years. Please
include full property location, owner name, amounts, and Class 2 & 1
properties only, if possible.
2) A separate list of all properties with Utilities that are delinquent in
amounts of at least $250 and beyond, that date back to 2021 or prior.
Please include full property location, owner name, amounts, and Class 2 &
1 properties only, if possible.
3) A list of all properties with open liens in amounts of at least $500
and beyond, that date back to 2021 or prior years. Please include full
property location, owner name, amounts, and Class 2 & 1 properties only.
4) A list of all properties that are currently vacant or abandoned. If the
property used to be vacant and no longer is, please do not include. Please
include full property location, owner name, and Class 2 & 1 properties
only, if possible.
5) A list of all properties that have received code violations for high
grass/junk/unkept property that are still active or open. Please do not
include closed cases, and provide the type of violation. Also, please
include full property location, owner name, and Class 2 & 1 properties
only, if possible.
6) A list of all garage sales, applied for this year. Please include owner
name, full property address, and date, if possible.
If possible, please put all lists in separate Excel files. If up-to-date
data is not available, please provide the most recently available."
Please see attached records responsive to this request.
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response. Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other that
those advanced by a custodian. See Paffv. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006).
If your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the Township of
Nutley to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the GRC by completing the Denial of Access Complaint Form. You may
contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or on
its website at [2]www.state.nj.us/grc. The GRC can also answer other
questions about the law. All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.
Sincerely,
Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/