Peter,

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 August 4, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

- A list of property addresses that, as of today, have delinquent property
taxes and open property liens. This list needs to include amounts of
balances owed. Please see attached records responsive to this request.

- Detailed Lien Status Report. Please see attached records responsive to
this request.

- All properties that had any utilities shut off. A search of Township
files revealed no records responsive to this request.

- Properties that have entered/completed the probate process. The Township
is not the custodian of records for this type of document. Please contact
Essex County Surrogate’s Court at 973-621-4901.

- A list of property addresses that have received any code violations
since the beginning of the year. Please provide the type of violation.
(Including Vacant Property) Please see attached records responsive to this
request.

- A list of all residential property addresses that are currently vacant
or abandoned. Please see attached records responsive to this request.

- A list of all property addresses that are condemned. Please be advised
that Township does not keep such a list.

- A list of all Properties without a currently city certificate of
occupancy. Please be advised that Township does not keep such a list.

I only need the property addresses. Please put all lists in separate Excel
files. PDF is okay too. If up-to-date data is not available, please
provide the most recently available information

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

(973) 284-4951 x2233 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/

Peter,

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 August 4, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

- A list of property addresses that, as of today, have delinquent property
taxes and open property liens. This list needs to include amounts of
balances owed. Please see attached records responsive to this request.

- Detailed Lien Status Report. Please see attached records responsive to
this request.

- All properties that had any utilities shut off. A search of Township
files revealed no records responsive to this request.

- Properties that have entered/completed the probate process. The Township
is not the custodian of records for this type of document. Please contact
Essex County Surrogate’s Court at 973-621-4901.

- A list of property addresses that have received any code violations
since the beginning of the year. Please provide the type of violation.
(Including Vacant Property) Please see attached records responsive to this
request.

- A list of all residential property addresses that are currently vacant
or abandoned. Please see attached records responsive to this request.

- A list of all property addresses that are condemned. Please be advised
that Township does not keep such a list.

- A list of all Properties without a currently city certificate of
occupancy. Please be advised that Township does not keep such a list.

I only need the property addresses. Please put all lists in separate Excel
files. PDF is okay too. If up-to-date data is not available, please
provide the most recently available information

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

(973) 284-4951 x2233 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/