Neighbors: Neptune Township Abandoned Property Ordinance Goes Too Far

OCEAN GROVE, N.J. (CBSNewYork) -- As many towns try to clear up zombie homes, some property owners in Monmouth County said they do not deserve to be on the abandoned property list.

Of course, there are some properties that are indeed clearly abandoned and derelict. A nearly tumbling structure on Sea View Avenue in Ocean Grove is set to be demolished after sitting vacant for more than five years and next door, neighbor Kenny Roberts said it could have contaminated his house – and it's about time.

"I would have lost my house," Roberts said. "I have no other place to live. Nobody did anything."

But in other cases, CBS2's Meg Baker reported Monday that critics said the abandoned property ordinance in Neptune Township, which fines property owners, goes too far.

"I believe this is Neptune's version of increasing revenue by turning citizens into ATM machines; setting up very stringent code enforcement, fines and penalties," said Dorothy Argyros.

Vietnam veteran Walter Kaczmarek received a notice that his property on Broadway in Ocean Grove was to be placed on the abandoned property list.

"They were threatening me with fines," Kaczmarek said.

But Kaczmarek's home is not abandoned. He lives elsewhere, but has recently completely remodeled the inside.

Still, the township cited him for his front.

"It's a nightmare to do anything in this town," Kaczmarek said.

Kaczmarek informed the township the holdup on the fixes was because of the local historical society not agreeing with township codes.

"I told him this property is being worked on," Kaczmarek said. "It's the township holding up permits."

After more than three and a half years, the property owner was able to get permits to remove and replace the front porch. But the work cannot be done until after the summer, because of another town ordinance that work cannot be done during the tourist season.

Committeeman Randy Bishop said the abandoned property fine was initiated in 2014 by residents who complained.

"Came to us to talk to us about their concerns with abandoned properties," Bishop said.

The plan in Neptune Township is to encourage people to rehab their property themselves or sell it.

Still, others disagree.

"I said, where is the law that says you can't own property unless somebody lives in it?" said Sandra Solly of Ocean Grove.

Solly recently won her battle against the township, and is waiting for the right time to sell.

Cases appear to be divided among abandoned homes that need action and others caught in what they call an overzealous ordinance.

Kaczmarek said he is in contact with the Institute for Justice, and may seek legal action against the township.