OPRA Request - 8 Knox Boulevard B: 1903, L: 5 Owner - Sabrina Austin-Edouard
Dear Neptune Township,
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 NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
• Code enforcement complaints (with dates)
• Notices of violation
• Fines
• Certificates of occupancy
• Permit applications and approvals
• Zoning determinations
• Planning/Zoning Board applications and resolutions
• Filed liens
• Surveys
• Construction and zoning
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,
Stephanie Kubis Benedetto, Esq.
Good morning, You have not files a proper OPRA Request. You have not
requested identifiable records just categories of possible records. You
must provide more information on each record being requested so that it
can be identified and located without research on the part fo the records
custodian.
You requested:
Records requested:
• Code enforcement complaints (with dates) We can provide a violation
history report that will cover the violations issues since these record
were computerized.
• Notices of violation What kind of violations? Any kind is not specific
enough, Your request can not be open ended. We are not require to research
what violation exist.
• Fines What kinds of fines, for what, when issued? Here again, OPRA is
not a research tool. We are not required to sift through all of our files
looking for possible records connected with this property.
• Certificates of occupancy When was it issued? What was it for? New
construction, addition, renovation?
• Permit applications and approvals What permit, what was it for, when was
it issued, when was it closed out. If you are asking for construction
permits we can provide a permit history report which will detail the
permits issued since these functions were computerized. Our permit are not
files by lot and block so any request for a specific permit must provide
more details so that it can be located.
• Zoning determinations What application, application number, when was if
heard, what was it for?
• Planning/Zoning Board applications and resolutions What application,
application number, when was it heard, what was it for?
• Filed liens Lien number, Lienholder, when was it issued, what amount.
Also, lien searchers are $10 and can be requested through the Tax Office.
OPRA does not supersede state law where fees are created for certain
records.
• Surveys This is ok
• Construction and zoning This is not a request for a record, denied.
The courts have ruled on these issues and have stated:
“In this regard, OPRA "is not intended as a research tool . . . to force
government officials to identify and siphon useful information." Id. at
546,868 A.2d 1067. In other words, a records custodian is not required "to
conduct research among its records… and correlate data from various
government records in the custodian's possession." Id. at 546-47, 868 A.2d
1067. (internal citation omitted). To qualify under OPRA then, the request
must reasonably identify a record and not generally data, information or
statistics.”
“Nor does OPRA "authorize a party to make a blanket request for every
document" a public agency has on file. See Gannett, supra, 379 N.J.Super.
at213, 877 A.2d 330 . Rather, a party requesting access to a public record
under OPRA must specifically describe the document sought. Ibid.; see also
MAG Entm't, supra, 375 N.J.Super. at 546-49, 868 A.2d 1067 . OPRA operates
to make identifiable government records "readily accessible for
inspection, copying, or examination." N.J.S.A. 47:1A-1. As such, 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. OPRA does not authorize unbridled
searches of an agency's property. See Bent v. Stafford Police Department,
381 N.J.Super. 30, 37 (App. Div. 2005).”
William Bray, RMC
Township Clerk
TOWNSHIP OF NEPTUNE
25 Neptune Boulevard
Neptune, NJ 07753
[1][email address]
732-988-5200 extension 234
[2]https://www.facebook.com/neptunetownship...
visit online at [3]www.neptunetownship.org
Requested records attached.
William Bray, RMC
Township Clerk
TOWNSHIP OF NEPTUNE
25 Neptune Boulevard
Neptune, NJ 07753
[1][email address]
732-988-5200 extension 234
[2]https://www.facebook.com/neptunetownship...
visit online at [3]www.neptunetownship.org
References
Visible links
1. mailto:[email address]
2. https://www.facebook.com/neptunetownship...
3. http://www.neptunetownship.org/