Opra Request

Response to this request is long overdue. By law, under all circumstances, Emerson Borough should have responded by now (details). You can complain by requesting an internal review.

Dear Emerson Borough,

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 properties in the Borough that currently have delinquent taxes, open property liens, and code violations (including vacant properties). This list should also include amounts of balances owed and the type of violation related to each particular property.
Description of Information Requested:
1.Tax Account Delinquent Report
2.Detailed Lien Status Report
3.Residential code enforcement violations currently active and pending that include:
• Residential Structures that are vacant and open to trespass
• Residential Properties with grass or weeds in excess of the city’s height limit
• Residential Structures without a current city certificate of occupancy
• Residential Properties on the cities vacant property registry (if applicable)
Yours faithfully,
Lance B.

Coleen Goddel, Emerson Borough

Good morning Mr. Sexton,

The Borough of Emerson received your Open Public Records Act (OPRA) request on 2/26/20. As such, the seven (7) business day deadline to respond to your request is 3/6/20. This response to your request is being provided to you on the 1st business day after the custodian’s receipt of said request.

Your OPRA request sought access to the following:

A list of properties in the Borough that currently have delinquent taxes, open property liens, and code violations (including vacant properties). This list should also include amounts of balances owed and the type of violation related to each particular property.
Description of Information Requested:
1.Tax Account Delinquent Report
2.Detailed Lien Status Report
3.Residential code enforcement violations currently active and pending that include:
• Residential Structures that are vacant and open to trespass • Residential Properties with grass or weeds in excess of the city’s height limit • Residential Structures without a current city certificate of occupancy • Residential Properties on the cities vacant property registry (if applicable) Yours faithfully, Lance B.
Currently, your request fails to identify with reasonable clarity the specific government records sought, as is required by Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). At this time, we request clarification of your OPRA request.

Please respond in writing and identify a date range for each request and whether you would like the status of the liens.

Failure to provide written clarification of your request will result in the closure of this OPRA request.

If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Emerson to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (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 [email address], or at their web site at 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.


Thank you,
Coleen Goddel , RMC
Deputy Borough Clerk
Borough of Emerson
201-262-6086 X1201

-----Original Message-----
From: Lance Sexton <[OPRA #9859 email]>
Sent: Wednesday, February 26, 2020 7:24 AM
To: Jane Dietsche <[Emerson Borough request email]>
Subject: OPRA request - Opra Request

Dear Emerson Borough,

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 properties in the Borough that currently have delinquent taxes, open property liens, and code violations (including vacant properties). This list should also include amounts of balances owed and the type of violation related to each particular property.
Description of Information Requested:
1.Tax Account Delinquent Report
2.Detailed Lien Status Report
3.Residential code enforcement violations currently active and pending that include:
• Residential Structures that are vacant and open to trespass • Residential Properties with grass or weeds in excess of the city’s height limit • Residential Structures without a current city certificate of occupancy • Residential Properties on the cities vacant property registry (if applicable) Yours faithfully, Lance B.

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[OPRA #9859 email]

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