List of Properties
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:
- A list of all property addresses that have an unpaid property tax bill. Please also include in the list or separately a list of properties whose property tax bill was liened against the property.
- A list of property addresses that have received any code violations since the beginning of the year. Please provide the type of violation. (ex. Garbage in yard, maintenance issue, overgrown lawn, safety issues, risk of condemnation, etc)
- A list of all property addresses that are currently vacant, abandoned, or boarded up.
Yours faithfully,
Nathan
Nathan,
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 October 5, 2022 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
“- A list of all property addresses that have an unpaid property tax
bill. Please also include in the list or separately a list of properties
whose property tax bill was liened against the property.
- A list of property addresses that have received any code
violations since the beginning of the year. Please provide the type of
violation. (ex. Garbage in yard, maintenance issue, overgrown lawn, safety
issues, risk of condemnation, etc)
- A list of all property addresses that are currently vacant, abandoned,
or boarded up.”
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
Deputy Clerk
Office of the Municipal Clerk
Township of Nutley, NJ
(973) 284-4955 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/