Vacant houses and the law: Absent owners said to keep paying, lapsing on bills

At least three houses in the Township of Washington — these are on Pascack Road between Jefferson and Washington avenues, near Seasons Catering — are unoccupied and dilapidated. The placards warn emergency service workers it’s unsafe to enter. They'll be taken down as part of the Pascack/Washingtonintersection overhaul. (Pascack Press photos taken Dec. 7, 2021.)

TOWNSHIP OF WASHINGTON—While the Pascack Road–Washington Avenue intersection is slated for major improvements in spring, several unoccupied homes — with broken windows, peeling paint, and dilapidated exteriors — mar the intersection’s northwest corner and have for almost a decade.

During a Nov. 8 council meeting, borough administrator Robert Tovo and councilman Michael DeSena disagreed about the condition of the long-empty homes, with DeSena questioning why the homes have not been cited for violations under the township’s property maintenance codes — including its abandoned or so-called “zombie house” ordinance.

The houses have prominent warning placards at the entrances, in red and white, to advise emergency workers it’s unsafe to enter.

Tovo noted that the township lacks a code enforcement official, despite advertising twice for the position. He said property code violations are handled by himself and officials from the public works and zoning office.

However, the deteriorating homes near the Washington–Pascack nexus remained a sore point with DeSena.

“There’s obvious grass growing out of the roofs,” DeSena told Tovo, calling them “zombie houses.” Tovo brushed off the comment, saying, “There’s no violations there.”

DeSena added, “They meet the definition of what our [abandoned properties] ordinance says.”

DeSena, who fell short of his election challenge for mayor in November, said he would take Tovo to the homes and show him “2-foot weeds growing out of the gutters. There’s holes in the windows, holes in the roofs that meet the definition of what our ordinance says.”  

Tovo noted recent problems with residential property maintenance on Linwood Avenue and Adams Place. He said the property violations go on “way too long.”

Tovo emphasized most properties DeSena referenced did not fit the abandoned homes ordinance. He noted when maintenance is performed by the DPW to maintain a privately owned property, and the bill remains unpaid, officials prepare a lien on the property to be approved by council. 

Tovo said so far property owners owing the township for property maintenance work have paid such overdue bills before a property lien was presented to council.

“And we’re largely dealing with the same property owners over and over again,” Tovo said. 

When council vice president Desserie Morgan wondered what happens when a property owner continues to not maintain property after paying off an overdue bill, Tovo said the process starts over.

Tovo said he would contact  Bergen County officials to see if they had suggestions on dealing with property owners who continually fail to maintain properties.

Intersection upgrades coming

In March, the township purchased easements for $158,000 on seven lots adjacent to the Pascack Road–Washington Avenue intersection for county intersection overhaul. 

The seven lots were owned by 660 Pascack Realty, whose principal owner is James Kourgelis, owner of Seasons Catering, the venerable catering and event hall nearby.

Over the past decade, and most recently in 2013, Kourgelis had been involved with applications to site other ventures adjacent to the nearby Pascack Road–Washington Avenue intersection, where the three vacant, deteriorating homes stand. 

While traveling via car on Washington Avenue heading east, a Pascack Press reporter observed that at least three of the homes had a large “X” in red and white covering the entryways, several broken windows, and what appeared to be ivy overtaking one entryway.

The previously proposed ventures for the corner lots — none of which came to pass — have included a parking lot, a CVS, a Dunkin’ Donuts, a liquor store, and then townhomes.  

Kourgelis also reportedly offered to sell the properties back to the township during former Mayor Janet Sobkowicz’s tenure and was reportedly told the township could not afford to buy them.

None of the proposed developments have materialized or been approved.  

Kourgelis did not return our phone calls and email requests for comment for this story.

Under Ordinance 18-20, passed in 2018, the township amended its abandoned property ordinance and authorized the identification of abandoned properties and establishment of an abandoned properties list. 

It was not clear whether the properties in question met enough specific criteria in the ordinance to qualify as abandoned.

Criteria include property not legally occupied for six months that: 

  • Needs rehabilitation and none has taken place for six months; 
  • Saw construction begun and discontinued on the for at least six months;
  • Had at least one installment of property tax remaining unpaid and delinquent; or
  • Has been determined to be a nuisance by the property maintenance officer.

So-called “nuisance properties” may meet any of five criteria under state law, including property:

  • Found unfit for human occupancy; 
  • Of condition that increases the risk of fire to itself or neighboring homes; 
  • That carries potential health or safety hazards that the owner has failed to remedy; 
  • Has vermin, debris, or physical deterioration creating health and safety hazards the owner has failed to remedy; and 
  • Is dilapidated in its appearance, affecting the economic welfare of residents in proximity to the property and that the owner has failed to remedy.

A township abandoned properties list  from 2019 — the only year we were told is available — showed three properties listed, including tracts on Chestnut Street, Linwood Avenue, and Fern Street. 

No updates on the properties were available by press time.

According to the ordinance, any owner or in-state creditor who violates any provision of this article or of the rules and regulations issued hereunder shall be subject to a fine of $1,500 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. 

Fines assessed shall be recoverable from the owner or creditor and shall be a lien on the property as described in state law.

Moreover, the rule notes, any out-of-state creditor who violates any provision of this article or of the rules and regulations issued hereunder shall be subject to a fine of $2,500 for each day a separate violation of this article exists. 

Fines assessed under this article shall be recoverable from the owner or creditor and shall be a lien on the property.

In addition to the Seasons properties, last year several members, including DeSena, had noted a 3.2 acre parcel at 450 Pascack Road — the target of purchase negotiations by the township following its $430,000 offer this summer — included a poorly maintained home, barn and garage, with several members wondering why it was not cited for property maintenance violations. 

Township officials told Pascack Press that there were no prior property maintenance violations issued to 450’s owners. 

Negotiations that began this summer for 450 Pascack Road are confined to closed council sessions with irregular updates from the mayor, administrator, or town attorney.

On Nov. 8, councilman Steven Cascio said he was okay with the township doing property maintenance work as long as the township “does not get stuck with the bill.” 

Tovo told Cascio that during his tenure the township has been reimbursed for every maintenance bill for work on private property where owners have not maintained the grounds.

Tovo said due to tree and property maintenance contractors being busy, upkeep must often wait until the DPW can make the time. “It’s very difficult to find anyone to do it.”