N.J. Admin. Code § 5:34-5.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:34-5.9 - Sale of real property by municipalities, counties, and fire districts pursuant to the local lands and buildings law

(a) The sale of real property by open public sale at auction to the highest bidder pursuant to N.J.S.A. 40A:12-13may be conducted on an electronic procurement platform.

(b) An electronic procurement platform used for the sale of real property pursuant to this section shall provide, at a minimum:

1. Detailed online instructions on how to use the platform;

2. A bid registration process that will reliably confirm the identity of the person or entity bidding, as well as any individuals authorized to submit bids. This registration should include full contact information, including a physical address and the logging of the IP address used to create the account;

3. The ability to upload and save onto the platform any completed forms, disclosures, and certifications that, pursuant to New Jersey law, must be submitted to the municipality, county, or fire district;

4. Timestamping and logging of all actions by a bidder or the municipality, county, or fire district on the platform, including IP address;

5. The ability for prospective bidders to post questions, and the municipality, county, or fire district to post responses thereto, in a manner visible to all prospective bidders. This shall not absolve the municipality, county, or fire district from issuing a notice of revision or addenda as may be required pursuant to law;

6. Individual user accounts with password-protected access for municipal, county, or fire district officers and employees, wherein permitted activities on the platform can be restricted and segregated. Individual user account activity shall be archived to facilitate administrative review and investigation. The platform shall set a maximum time for inactivity before the user is automatically logged out;

7. Platform-related help desk support for prospective bidders and the municipality, county, or fire district through the Internet, email, and at least one toll-free telephone number; and

8. A standard complaint procedure concerning platform-related problems for both the government entity and bidders. The complaint procedure shall require that a complaint log be maintained, which shall be available to the government entity for inspection, along with a record of problems arising with the system and the resolution of same.

(c) Advertisements of the online public auction for the sale of real property shall continue to be published in a newspaper circulating in the municipality or municipalities in which the land is situated pursuant to N.J.S.A. 40A:12-13(a). The advertisement shall, at a minimum, include:

1. The address where each parcel of real property is located, along with the block and lot;

2. That an auction for sale to the highest bidder of the parcel or parcels of real property is being held online;

3. The name of the electronic procurement platform on which the auction is being conducted, along with the website address of the platform;

4. The dates and times upon which the online auction will commence and conclude;

5. Any conditions of sale and restrictions on use as may be permitted pursuant to N.J.S.A. 40A:12-13(a);

6. As may be applicable, the time within which any conditions of sale shall be operative;

7. Any reservation by the governing body of the right to reject all bids where the highest bid is not accepted; and

8. If applicable, a description of any estate or interest that the municipality, county, or fire district intends to retain, along with a statement that bidders shall be required to submit a bid under Option A and Option B as set forth at N.J.S.A. 40A:12-13(a).

(d) An online auction for the sale of real property shall commence not less than seven days after the date of the last newspaper publication advertising the online auction.

(e) If a live auction allows for bidders to participate electronically, the advertisement shall at minimum include, in addition to the content required at (b)1, 5, 6, 7, and 8 above, the date, time, and place of the auction, a statement that bidders may participate either in person or electronically, and the website address where bidders can obtain information on participating electronically.

N.J. Admin. Code § 5:34-5.9

Adopted by 53 N.J.R. 501(a), effective 4/5/2021