Nathan Stallone

Dear Wallington Borough,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
Tax Delinquent
- A list of all property addresses that have an unpaid property tax bill for the last 12 months. Please also include in the list or separately a list of properties whose property tax bill was liened against the property.

Water Shut Off / Utility Liens
- A list of all property addresses that have had their water bill liened against the property, have failed to pay their water bill, or have had the water shut off at any point in the last 10 months.

Fire Damage List
- A list of all property addresses that the fire department has received an emergency call to in the last 90 days.

Code Violation
- A list of property addresses that have received any code violations in the last 6 months

Vacant List
- A list of all properties that the city deems to be currently vacant or abandoned.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Nathan

OPRA, Wallington Borough

4 Attachments

Dear Nathan Stallone,

 

This comes in response to your OPRA Request, with responses in bold, for:

“Tax Delinquent

- A list of all property addresses that have an unpaid property tax bill
for the last 12 months. Please also include in the list or separately a
list of properties whose property tax bill was liened against the
property. – Please find attached responsive records provided by the Tax
Department in response to your request. These records were redacted
pursuant to N.J.S.A. 47:1A-1.1, more specifically:

Privacy Information: Primary or secondary addresses for covered persons or
immediate family members pursuant to N.J.S.A. 47:1B-1 (Daniel’s Law)

 

Water Shut Off / Utility Liens

- A list of all property addresses that have had their water bill liened
against the property, have failed to pay their water bill, or have had the
water shut off at any point in the last 10 months. – Please find attached
responsive records provided by the Water Department in response to your
request.

 

Fire Damage List

- A list of all property addresses that the fire department has received
an emergency call to in the last 90 days. – Please find attached
responsive records provided by the Fire Department in response to your
request.

 

Code Violation

- A list of property addresses that have received any code violations in
the last 6 months - The Borough is not in possession of documents that are
responsive to this request.

 

Vacant List

- A list of all properties that the city deems to be currently vacant or
abandoned. - The Borough is not in possession of documents that are
responsive to this request.”

 

 

If your request seeks information or asks questions and does not identify
specific government records, same is not a valid OPRA request. When a
request is “complex” because it fails to specifically identify the
documents sought, then that request is not “encompassed” by OPRA. See New
Jersey Builders Association v. New Jersey Council on Affordable Housing,
390 N.J.Super. 166, 180 (App. Div. 2007).  A proper request under OPRA
must identify with reasonable clarity those documents that are desired,
and a party cannot satisfy this requirement by simply requesting all of an
agency's documents.  See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div.  2005). Custodians are not required to
conduct research or create new records in response to an OPRA request. 

 

Regards,

 

Casey Kimmel, RMC

Borough Clerk

Borough of Wallington

(973) 777-0318 ext. 201

[1][email address]

 

The content of this email is confidential and is intended for the sole use
of the recipient specified in this message and may contain confidential
 and/or privileged information. Any unauthorized review, use, disclosure
or distribution is strictly prohibited. If you are not the intended
recipient, please contact the sender via email, phone or fax and destroy
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