Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Perth Amboy City,
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-6(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:
Active Code Violation List Request for 05/28/2025 to 08/28/2025. I kindly request a list of all UNRESOLVED or OPEN code violations (please do not include closed violations) for all properties in the city during this time period, specifically related to property maintenance, structural issues, and weeds, tall grass, water shutoffs, Mold/Mildew. Please include descriptions of the violations, property addresses, and violation dates, homeowner's name. I also prefer for the document to be sent here in OPRA, not in my email (sometimes it does not appear in my inbox).
Please provide these requests in excel or google sheets format, documents must be in format requested per OPRA
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,
Armando Aguilon
Good morning,
You must submit your OPRA request directly to the Department of Code Enforcement at [email address].
Have a nice day.
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Wednesday, August 27, 2025 8:52 PM
To: Victoria Ann Kupsch <[Perth Amboy City request email]>
Subject: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Perth Amboy City,
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-6(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:
Active Code Violation List Request for 05/28/2025 to 08/28/2025. I kindly request a list of all UNRESOLVED or OPEN code violations (please do not include closed violations) for all properties in the city during this time period, specifically related to property maintenance, structural issues, and weeds, tall grass, water shutoffs, Mold/Mildew. Please include descriptions of the violations, property addresses, and violation dates, homeowner's name. I also prefer for the document to be sent here in OPRA, not in my email (sometimes it does not appear in my inbox).
Please provide these requests in excel or google sheets format, documents must be in format requested per OPRA
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,
Armando Aguilon
-------------------------------------------------------------------
Please deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #80060 email]
Is [Perth Amboy City request email] the wrong address for OPRA requests to Perth Amboy City? If so, please contact us using this form:
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Please note that in some cases publication of requests and responses will be delayed.
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"OPRAmachine’s mission is to give people easy and affordable access to New Jersey public records.
For more information, contact us at: (732) 707-1628 or PO Box 3180, New Brunswick, NJ 08903."
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Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
Victoria Ann Kupsch
Municipal Clerk
City of Perth Amboy
Clerks Office
Email: [Perth Amboy City request email]<mailto:[Perth Amboy City request email]>
Phone: (732) 826-0290 ext. 4018
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
[Facebook] <https://www.facebook.com/cityofperthamboy> [Instagram] <https://www.instagram.com/cityofperthamb...> [Twitter] <https://x.com/perthamboycity> [YouTube] <https://www.youtube.com/@officialcityofp...>
Receive alerts from the City of Perth Amboy: Text 08861 to 888777 for mobile alerts or sign up at https://local.nixle.com/register/
________________________________
DISCLAIMER: The filters and firewalls needed in the current internet environment may delay receipt of emails, particularly those containing attachments. We strongly urge you to use delivery receipt and/or telephone calls to confirm receipt of important email.
CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Victoria Ann Kupsch,
Thank you for your reply. However, I must respectfully clarify and insist on my rights under the Open Public Records Act (OPRA).
First, as per N.J.S.A. 47:1A-5(g), a records custodian must accept and respond to an OPRA request regardless of departmental divisions. It is not the responsibility of the requestor to chase various departments—rather, the City Clerk or designated custodian of records is obligated to either fulfill the request directly or promptly forward it to the appropriate department. Simply redirecting me to another office does not satisfy the City’s legal obligations under OPRA.
Second, as I previously stated, email attachments are often blocked or nulled. OPRA requires that records be provided “in the medium requested if the agency maintains the record in that medium” (N.J.S.A. 47:1A-5(d)). Since code violation lists are maintained electronically, I request they be provided in Excel or Google Sheets format, not as a PDF attachment that may fail to deliver.
Third, as the Department of Code Enforcement is part of the City of Perth Amboy, your office undoubtedly has access to, or the ability to obtain, the requested records. A request for unresolved/open code violations is a standard public record request that should already exist in the City’s system.
For clarity, I again request:
All open/unresolved code violations between 05/28/2025 and 08/28/2025,
Including property address, violation description, violation date, and homeowner’s name,
Specifically covering property maintenance, structural issues, weeds/tall grass, water shutoffs, and mold/mildew.
Please treat this as a valid OPRA request and confirm that it will be processed in compliance with the law. If your office is not the custodian, then under N.J.S.A. 47:1A-5(h), you are required to promptly forward my request to the correct custodian and provide me with their direct contact information.
I look forward to your confirmation of compliance.
Sincerely,
Armando Aguilon
Good morning,
The City of Perth Amboy formally designated the Department of Code Enforcement as the custodian of that department's records. Please submit your OPRA to that department at [email address].
Your records request will be promptly handled.
Have a nice day.
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Thursday, August 28, 2025 10:29 PM
To: Victoria Ann Kupsch <[Perth Amboy City request email]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Victoria Ann Kupsch,
Thank you for your reply. However, I must respectfully clarify and insist on my rights under the Open Public Records Act (OPRA).
First, as per N.J.S.A. 47:1A-5(g), a records custodian must accept and respond to an OPRA request regardless of departmental divisions. It is not the responsibility of the requestor to chase various departments—rather, the City Clerk or designated custodian of records is obligated to either fulfill the request directly or promptly forward it to the appropriate department. Simply redirecting me to another office does not satisfy the City’s legal obligations under OPRA.
Second, as I previously stated, email attachments are often blocked or nulled. OPRA requires that records be provided “in the medium requested if the agency maintains the record in that medium” (N.J.S.A. 47:1A-5(d)). Since code violation lists are maintained electronically, I request they be provided in Excel or Google Sheets format, not as a PDF attachment that may fail to deliver.
Third, as the Department of Code Enforcement is part of the City of Perth Amboy, your office undoubtedly has access to, or the ability to obtain, the requested records. A request for unresolved/open code violations is a standard public record request that should already exist in the City’s system.
For clarity, I again request:
All open/unresolved code violations between 05/28/2025 and 08/28/2025,
Including property address, violation description, violation date, and homeowner’s name,
Specifically covering property maintenance, structural issues, weeds/tall grass, water shutoffs, and mold/mildew.
Please treat this as a valid OPRA request and confirm that it will be processed in compliance with the law. If your office is not the custodian, then under N.J.S.A. 47:1A-5(h), you are required to promptly forward my request to the correct custodian and provide me with their direct contact information.
I look forward to your confirmation of compliance.
Sincerely,
Armando Aguilon
-----Original Message-----
Good morning,
You must submit your OPRA request directly to the Department of Code Enforcement at [email address].
Have a nice day.
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #80060 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://link.edgepilot.com/s/9563b89f/FV...
View this OPRA request & responses online:
https://link.edgepilot.com/s/d151b68c/58...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
Victoria Ann Kupsch
Municipal Clerk
City of Perth Amboy
Clerks Office
Email: [Perth Amboy City request email]<mailto:[Perth Amboy City request email]>
Phone: (732) 826-0290 ext. 4018
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
[Facebook] <https://www.facebook.com/cityofperthamboy> [Instagram] <https://www.instagram.com/cityofperthamb...> [Twitter] <https://x.com/perthamboycity> [YouTube] <https://www.youtube.com/@officialcityofp...>
Receive alerts from the City of Perth Amboy: Text 08861 to 888777 for mobile alerts or sign up at https://local.nixle.com/register/
________________________________
DISCLAIMER: The filters and firewalls needed in the current internet environment may delay receipt of emails, particularly those containing attachments. We strongly urge you to use delivery receipt and/or telephone calls to confirm receipt of important email.
CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Ms. Kupsch,
Thank you for your reply. However, I must respectfully insist that my OPRA request be processed in compliance with the statute.
Per N.J.S.A. 47:1A-5(g), a requestor is permitted to submit a records request directly to the custodian of records, and it is the custodian’s duty to ensure the request is properly processed. Further, N.J.S.A. 47:1A-5(h) makes clear that if a request is misdirected, the custodian must promptly forward the request to the appropriate department or records custodian within the agency. Simply instructing me to resubmit my request to another office does not satisfy OPRA.
The City of Perth Amboy, as a single public agency, is responsible for processing OPRA requests, even if particular records are maintained by specific departments. As the City Clerk’s office is the designated custodian of records for the municipality, your obligation is either to provide the requested records directly or forward the request internally to the Department of Code Enforcement and ensure I receive the records.
For clarity, I again request the Active Code Violation List covering 05/28/2025 – 08/28/2025, including:
Property address
Violation description
Violation date
Homeowner’s name
Specifically for: property maintenance, structural issues, weeds/tall grass, water shutoffs, and mold/mildew.
As per N.J.S.A. 47:1A-5(d), these records must be provided in the medium requested if maintained in that format. I therefore again request the records in Excel or Google Sheets format, not PDF.
Please confirm that my request will be processed in compliance with OPRA.
Yours faithfully,
Armando Aguilon
Dear Victoria Ann Kupsch,
Hello, just wanted to know if there are development from my request? Thank you
Yours sincerely,
Armando Aguilon
Good morning,
I am not the custodian of records for the Department of Code Enforcement. The City designated the Department of Code Enforcement as it's own custodian of records. I will forward this to the Department. In the future you must submit any OPRA requests involving Code Enforcement to that Department.
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Saturday, August 30, 2025 8:49 AM
To: Victoria Ann Kupsch <[Perth Amboy City request email]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Ms. Kupsch,
Thank you for your reply. However, I must respectfully insist that my OPRA request be processed in compliance with the statute.
Per N.J.S.A. 47:1A-5(g), a requestor is permitted to submit a records request directly to the custodian of records, and it is the custodian’s duty to ensure the request is properly processed. Further, N.J.S.A. 47:1A-5(h) makes clear that if a request is misdirected, the custodian must promptly forward the request to the appropriate department or records custodian within the agency. Simply instructing me to resubmit my request to another office does not satisfy OPRA.
The City of Perth Amboy, as a single public agency, is responsible for processing OPRA requests, even if particular records are maintained by specific departments. As the City Clerk’s office is the designated custodian of records for the municipality, your obligation is either to provide the requested records directly or forward the request internally to the Department of Code Enforcement and ensure I receive the records.
For clarity, I again request the Active Code Violation List covering 05/28/2025 – 08/28/2025, including:
Property address
Violation description
Violation date
Homeowner’s name
Specifically for: property maintenance, structural issues, weeds/tall grass, water shutoffs, and mold/mildew.
As per N.J.S.A. 47:1A-5(d), these records must be provided in the medium requested if maintained in that format. I therefore again request the records in Excel or Google Sheets format, not PDF.
Please confirm that my request will be processed in compliance with OPRA.
Yours faithfully,
Armando Aguilon
-----Original Message-----
Good morning,
The City of Perth Amboy formally designated the Department of Code Enforcement as the custodian of that department's records. Please submit your OPRA to that department at [email address].
Your records request will be promptly handled.
Have a nice day.
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #80060 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://link.edgepilot.com/s/73af6f9a/Tn...
View this OPRA request & responses online:
https://link.edgepilot.com/s/11b4ee40/Oo...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
Victoria Ann Kupsch
Municipal Clerk
City of Perth Amboy
Clerks Office
Email: [Perth Amboy City request email]<mailto:[Perth Amboy City request email]>
Phone: (732) 826-0290 ext. 4018
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
[Facebook] <https://www.facebook.com/cityofperthamboy> [Instagram] <https://www.instagram.com/cityofperthamb...> [Twitter] <https://x.com/perthamboycity> [YouTube] <https://www.youtube.com/@officialcityofp...>
Receive alerts from the City of Perth Amboy: Text 08861 to 888777 for mobile alerts or sign up at https://local.nixle.com/register/
________________________________
DISCLAIMER: The filters and firewalls needed in the current internet environment may delay receipt of emails, particularly those containing attachments. We strongly urge you to use delivery receipt and/or telephone calls to confirm receipt of important email.
CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Please see my prior email.
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Monday, September 1, 2025 10:48 AM
To: Victoria Ann Kupsch <[Perth Amboy City request email]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Victoria Ann Kupsch,
Hello, just wanted to know if there are development from my request? Thank you
Yours sincerely,
Armando Aguilon
-----Original Message-----
Good morning,
The City of Perth Amboy formally designated the Department of Code Enforcement as the custodian of that department's records. Please submit your OPRA to that department at [email address].
Your records request will be promptly handled.
Have a nice day.
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #80060 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://link.edgepilot.com/s/cad290ad/lM...
View this OPRA request & responses online:
https://link.edgepilot.com/s/9f810acc/Nx...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
Victoria Ann Kupsch
Municipal Clerk
City of Perth Amboy
Clerks Office
Email: [Perth Amboy City request email]<mailto:[Perth Amboy City request email]>
Phone: (732) 826-0290 ext. 4018
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
[Facebook] <https://www.facebook.com/cityofperthamboy> [Instagram] <https://www.instagram.com/cityofperthamb...> [Twitter] <https://x.com/perthamboycity> [YouTube] <https://www.youtube.com/@officialcityofp...>
Receive alerts from the City of Perth Amboy: Text 08861 to 888777 for mobile alerts or sign up at https://local.nixle.com/register/
________________________________
DISCLAIMER: The filters and firewalls needed in the current internet environment may delay receipt of emails, particularly those containing attachments. We strongly urge you to use delivery receipt and/or telephone calls to confirm receipt of important email.
CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Victoria Ann Kupsch,
Thank you for your response and for forwarding my OPRA request to the Department of Code Enforcement.
However, I was unable to view the contact information or email address for the Code Enforcement Department in your message. Could you kindly resend the correct contact details so I can direct future requests to the appropriate custodian?
I appreciate your assistance and look forward to your reply.
Best regards,
Armando Aguilon
The email address for Code Enforcement is [email address].
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Tuesday, September 2, 2025 1:29 PM
To: Victoria Ann Kupsch <[Perth Amboy City request email]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Victoria Ann Kupsch,
Thank you for your response and for forwarding my OPRA request to the Department of Code Enforcement.
However, I was unable to view the contact information or email address for the Code Enforcement Department in your message. Could you kindly resend the correct contact details so I can direct future requests to the appropriate custodian?
I appreciate your assistance and look forward to your reply.
Best regards,
Armando Aguilon
-----Original Message-----
Please see my prior email.
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #80060 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://link.edgepilot.com/s/c00af951/AU...
View this OPRA request & responses online:
https://link.edgepilot.com/s/33ff3c49/K1...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
Victoria Ann Kupsch
Municipal Clerk
City of Perth Amboy
Clerks Office
Email: [Perth Amboy City request email]<mailto:[Perth Amboy City request email]>
Phone: (732) 826-0290 ext. 4018
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
[Facebook] <https://www.facebook.com/cityofperthamboy> [Instagram] <https://www.instagram.com/cityofperthamb...> [Twitter] <https://x.com/perthamboycity> [YouTube] <https://www.youtube.com/@officialcityofp...>
Receive alerts from the City of Perth Amboy: Text 08861 to 888777 for mobile alerts or sign up at https://local.nixle.com/register/
________________________________
DISCLAIMER: The filters and firewalls needed in the current internet environment may delay receipt of emails, particularly those containing attachments. We strongly urge you to use delivery receipt and/or telephone calls to confirm receipt of important email.
CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Good morning Mr. Aquilon,
Please allow me to respond to the email chain in which I was recently included.
As the Sub-Custodian of Records for the Department of Code, Construction, and Zoning, I would like to clarify that, to date, I have not received an OPRA request directly from you. Based on the correspondence below, it appears that my contact information was provided in a timely manner to ensure you were directed to the appropriate custodian of records.
Regarding your reference to N.J.S.A. 47:1A-5(h), while the statute does require that OPRA requests be forwarded to the proper custodian, it also provides that a requestor may be directed to the appropriate custodian, which Ms. Kupsch has done. Furthermore, the statute states that, “The request shall not be considered submitted until it is received by the custodian of records.” As I have not yet received your request, I kindly ask that you submit it directly to me for processing.
You also referenced N.J.S.A. 47:1A-5(d) regarding the provision of records in the format requested. Please note that this section also states that records will be provided in the requested format if the medium is available to the public agency and does not require significant manipulation, programming, or the services of a third-party vendor. It further clarifies that the custodian is not obligated to convert the record to the requested format, but must provide a copy in the format in which the agency maintains it.
To provide some context, the City of Perth Amboy utilizes a specific software platform to manage property maintenance violations. This system generates reports by date range but does not allow filtering by specific fields and exclusion property owner names. Reports are available in PDF format.
If you wish to proceed with your OPRA request, please submit the attached form or provide the equivalent information via email so that we may begin processing your request.
-----Original Message-----
From: Victoria Ann Kupsch <[Perth Amboy City request email]>
Sent: Tuesday, September 2, 2025 11:00 AM
To: Armando Aguilon <[OPRA #80060 email]>
Cc: Margarita Feliciano <[email address]>; Theresa Lopez <[email address]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Good morning,
I am not the custodian of records for the Department of Code Enforcement. The City designated the Department of Code Enforcement as it's own custodian of records. I will forward this to the Department. In the future you must submit any OPRA requests involving Code Enforcement to that Department.
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Saturday, August 30, 2025 8:49 AM
To: Victoria Ann Kupsch <[Perth Amboy City request email]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Ms. Kupsch,
Thank you for your reply. However, I must respectfully insist that my OPRA request be processed in compliance with the statute.
Per N.J.S.A. 47:1A-5(g), a requestor is permitted to submit a records request directly to the custodian of records, and it is the custodian’s duty to ensure the request is properly processed. Further, N.J.S.A. 47:1A-5(h) makes clear that if a request is misdirected, the custodian must promptly forward the request to the appropriate department or records custodian within the agency. Simply instructing me to resubmit my request to another office does not satisfy OPRA.
The City of Perth Amboy, as a single public agency, is responsible for processing OPRA requests, even if particular records are maintained by specific departments. As the City Clerk’s office is the designated custodian of records for the municipality, your obligation is either to provide the requested records directly or forward the request internally to the Department of Code Enforcement and ensure I receive the records.
For clarity, I again request the Active Code Violation List covering 05/28/2025 – 08/28/2025, including:
Property address
Violation description
Violation date
Homeowner’s name
Specifically for: property maintenance, structural issues, weeds/tall grass, water shutoffs, and mold/mildew.
As per N.J.S.A. 47:1A-5(d), these records must be provided in the medium requested if maintained in that format. I therefore again request the records in Excel or Google Sheets format, not PDF.
Please confirm that my request will be processed in compliance with OPRA.
Yours faithfully,
Armando Aguilon
-----Original Message-----
Good morning,
The City of Perth Amboy formally designated the Department of Code Enforcement as the custodian of that department's records. Please submit your OPRA to that department at [email address].
Your records request will be promptly handled.
Have a nice day.
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Victoria Ann Kupsch
Municipal Clerk
City of Perth Amboy
Clerks Office
Email: [Perth Amboy City request email]<mailto:[Perth Amboy City request email]>
Phone: (732) 826-0290 ext. 4018
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
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CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Margarita Feliciano,
Thank you for your email and for clarifying your role as the Sub-Custodian of Records for the Department of Code, Construction, and Zoning.
First, a small correction — my name is Mr. Aguilon.
To ensure compliance with the statute, I am hereby submitting my OPRA request directly to you for processing.
Records Requested:
A list of all unresolved or open code violations from May 28, 2025 through August 28, 2025, including but not limited to property maintenance, structural issues, tall grass/weeds, mold/mildew, water shutoffs, and related categories.
Each entry should include: violation description, property address, violation date, and homeowner’s name (unless redacted by exemption).
Please exclude any violations already resolved or closed.
Format Requested:
As stated in my initial request, I am requesting the responsive records in Excel or CSV format. Pursuant to N.J.S.A. 47:1A-5(d), records must be provided in the medium requested if they are maintained in that format or are readily convertible.
While I understand that your software generates reports in PDF, if the data is maintained electronically, it should be possible to provide it in an alternative machine-readable format such as Excel or CSV without significant programming or third-party services. Courts have recognized (e.g., MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005)) that agencies must provide records in a requestor’s specified format when reasonably available.
If you believe the records cannot be provided in Excel/CSV format, I respectfully request a written certification stating:
The format(s) in which the records are maintained, and
The specific reasons why they cannot be converted into the format requested.
Thank you for your time and assistance in processing this request. I look forward to your response.
Sincerely,
Mr. Armando Aguilon
Good morning Mr. Aguilon,
Thank you for your correspondence. I apologize for the typo on your name.
Please allow this email to serve as a denial of your request. Your email below although invoking OPRA, does not include the equivalent information on our adopted OPRA form as request in my previous email.
Should you wish to resubmit another OPRA with the requested information, you are welcome to do so. I have attached our adopted form for your review and use should you wish to continue with same.
Please note, that a resubmittal does not change the response that was supplied previously regarding the record requested. The record is not maintained in the medium you have requested and as the custodian, I am under no obligation to convert the record to the requested medium. I would be happy to provide our violation records in the medium in which it is maintained. However, I will require a valid OPRA request to proceed. Please be guided accordingly.
Have a wonderful day.
-----Original Message-----
From: Armando Aguilon <[OPRA #80060 email]>
Sent: Friday, September 5, 2025 2:12 PM
To: Margarita Feliciano <[email address]>
Subject: RE: EXTERNAL - OPRA request - Request for Open Code Violations – 05/28/2025 to 08/28/2025 – Property Maintenance, Structural, Grass, Weeds, Lead Hazards (Excel Format)
Dear Margarita Feliciano,
Thank you for your email and for clarifying your role as the Sub-Custodian of Records for the Department of Code, Construction, and Zoning.
First, a small correction — my name is Mr. Aguilon.
To ensure compliance with the statute, I am hereby submitting my OPRA request directly to you for processing.
Records Requested:
A list of all unresolved or open code violations from May 28, 2025 through August 28, 2025, including but not limited to property maintenance, structural issues, tall grass/weeds, mold/mildew, water shutoffs, and related categories.
Each entry should include: violation description, property address, violation date, and homeowner’s name (unless redacted by exemption).
Please exclude any violations already resolved or closed.
Format Requested:
As stated in my initial request, I am requesting the responsive records in Excel or CSV format. Pursuant to N.J.S.A. 47:1A-5(d), records must be provided in the medium requested if they are maintained in that format or are readily convertible.
While I understand that your software generates reports in PDF, if the data is maintained electronically, it should be possible to provide it in an alternative machine-readable format such as Excel or CSV without significant programming or third-party services. Courts have recognized (e.g., MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005)) that agencies must provide records in a requestor’s specified format when reasonably available.
If you believe the records cannot be provided in Excel/CSV format, I respectfully request a written certification stating:
The format(s) in which the records are maintained, and
The specific reasons why they cannot be converted into the format requested.
Thank you for your time and assistance in processing this request. I look forward to your response.
Sincerely,
Mr. Armando Aguilon
-----Original Message-----
Good morning Mr. Aquilon,
Please allow me to respond to the email chain in which I was recently included.
As the Sub-Custodian of Records for the Department of Code, Construction, and Zoning, I would like to clarify that, to date, I have not received an OPRA request directly from you. Based on the correspondence below, it appears that my contact information was provided in a timely manner to ensure you were directed to the appropriate custodian of records.
Regarding your reference to N.J.S.A. 47:1A-5(h), while the statute does require that OPRA requests be forwarded to the proper custodian, it also provides that a requestor may be directed to the appropriate custodian, which Ms. Kupsch has done. Furthermore, the statute states that, “The request shall not be considered submitted until it is received by the custodian of records.” As I have not yet received your request, I kindly ask that you submit it directly to me for processing.
You also referenced N.J.S.A. 47:1A-5(d) regarding the provision of records in the format requested. Please note that this section also states that records will be provided in the requested format if the medium is available to the public agency and does not require significant manipulation, programming, or the services of a third-party vendor. It further clarifies that the custodian is not obligated to convert the record to the requested format, but must provide a copy in the format in which the agency maintains it.
To provide some context, the City of Perth Amboy utilizes a specific software platform to manage property maintenance violations. This system generates reports by date range but does not allow filtering by specific fields and exclusion property owner names. Reports are available in PDF format.
If you wish to proceed with your OPRA request, please submit the attached form or provide the equivalent information via email so that we may begin processing your request.
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Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #80060 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://link.edgepilot.com/s/215e0dd9/Hx...
View this OPRA request & responses online:
https://link.edgepilot.com/s/bf437bdd/Bo...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
Margarita Feliciano
Administrative Secretary
City of Perth Amboy
Code Enforcement
Email: [email address]<mailto:[email address]>
Phone: (732) 826-0183 ext. 4802
The City of PERTH AMBOY
CITY OF HISTORY, CITY OF THE FUTURE
Website: www.perthamboynj.org<https://www.perthamboynj.org>
[Facebook] <https://www.facebook.com/cityofperthamboy> [Instagram] <https://www.instagram.com/cityofperthamb...> [Twitter] <https://x.com/perthamboycity> [YouTube] <https://www.youtube.com/@officialcityofp...>
Receive alerts from the City of Perth Amboy: Text 08861 to 888777 for mobile alerts or sign up at https://local.nixle.com/register/
________________________________
DISCLAIMER: The filters and firewalls needed in the current internet environment may delay receipt of emails, particularly those containing attachments. We strongly urge you to use delivery receipt and/or telephone calls to confirm receipt of important email.
CONFIDENTIALITY NOTICE: Some emails and files transmitted might be considered privileged and confidential that may also be considered advisory, consultative and deliberative (ACD) material under OPRA. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately.
WARNING: Email received by or sent to city officials is subject to the Open Public Records Act (OPRA). This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.