RE: OPRA Abandoned/VACANT/Probate- Bergen County
Dear Allendale Borough,
I appreciate your consideration of the following matter. Under OPRA and the Common Law Right of Access, I am requesting a current list of records for each of the following be delivered via e-mail in EXCEL format:
1) All abandoned/vacant residential properties (Property Class 2)
2) All condemned properties
3) All residential properties with delinquent taxes
4) All residential properties for which a Lis Pendens notice has been filed or that are currently in probate
5) All properties that are absentee-owned
6) All properties with delinquent water and sewer which date back up to 1 year, including amounts owed
7) All properties currently listed with water shut-off notice
8) All properties with code violations, including the type of violation
9) All properties with notices of abatement
Again, I appreciate your attention to this matter and thank you in advance for your help.
Yours faithfully,
B. Saint-Jean
Good afternoon,
The Borough of Allendale received your Open Public Records Act (OPRA) request on July 16, 2020 for:
1) All abandoned/vacant residential properties (Property Class 2)
2) All condemned properties
3) All residential properties with delinquent taxes
4) All residential properties for which a Lis Pendens notice has been filed or that are currently in probate
5) All properties that are absentee-owned
6) All properties with delinquent water and sewer which date back up to 1 year, including amounts owed
7) All properties currently listed with water shut-off notice
8) All properties with code violations, including the type of violation
9) All properties with notices of abatement
As such, the seventh (7th) business day deadline to respond to your request was July 27, 2020. This response is being provided to you on July 28, 2020.
The following record is being provided and is responsive to your first request:
1. BOROUGH OF ALLENDALE Vacant Property Escrow, as of July 28, 2020 (1 page)
The following record is being provided and is responsive to your third request:
1. BOROUGH OF ALLENDALE Delinquent Report, as of July 21, 2020 (Excel)
The following record is being provided and is responsive to your eighth request:
1. BOROUGH OF ALLENDALE Property Maintenance Issues as of July 24, 2020 (1 page)
The following records are bring provided and are responsive to your ninth request:
1. BOROUGH OF ALLENDAL 2020 Notice of Abatements (3 pages)
Pursuant to N.J.S.A. 47:1A-5.b., there is no cost associated with this request as the documents are being transmitted to you electronically.
In regard to your fourth and fifth and seventh requests, there are no records pertaining to your request.
In regard to your second and sixth requests, please provide a timeframe for your request.
In regard to your second request, all condemned properties, 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). 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. As such, we request clarification of your OPRA request to identify the specific government records that you are seeking as well as a timeframe for said records.
Thank you for your attention.
Tatiana
Tatiana Marquis
Deputy Municipal Clerk
Borough of Allendale
500 West Crescent Avenue
Allendale, NJ 07401
Telephone: (201) 818-4400 ext 218
Fax: (201) 825-1913
Email: [email address]
Website: www.allendalenj.gov
Good afternoon,
The Borough of Allendale received your Open Public Records Act (OPRA) request on July 16, 2020 for:
1) All abandoned/vacant residential properties (Property Class 2)
2) All condemned properties
3) All residential properties with delinquent taxes
4) All residential properties for which a Lis Pendens notice has been filed or that are currently in probate
5) All properties that are absentee-owned
6) All properties with delinquent water and sewer which date back up to 1 year, including amounts owed
7) All properties currently listed with water shut-off notice
8) All properties with code violations, including the type of violation
9) All properties with notices of abatement
The below email response was provided to you on July 28, 2020.
In regard to your second request, there are no records pertaining to your request.
As stated in my email on July 28th, in regard to your sixth request, please provide a timeline for your request. Please respond in writing so that we may process your request. Failure to provide written clarification of your request will result in closure of this OPRA request.
Thank you for your attention.
Tatiana
Tatiana Marquis
Deputy Municipal Clerk
Borough of Allendale
500 West Crescent Avenue
Allendale, NJ 07401
Telephone: (201) 818-4400 ext 218
Fax: (201) 825-1913
Email: [email address]
Website: www.allendalenj.gov