Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1975 Code § 58-1; Ord. No. 019-76]
a. 
There is hereby established in the Borough of Allentown a State Uniform Construction Code Enforcing Agency to be known as the "State Uniform Construction Code Enforcing Agency of the Borough of Allentown," which shall consist of a Construction Official, a Building Subcode Official, a Plumbing Subcode Official, an Electrical Subcode Official, a Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs of the State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the Enforcing Agency. The Borough Council shall establish guidelines for the interaction of the State Uniform Construction Code Enforcing Agency of the Borough of Allentown with other boards of the Borough of Allentown.
b. 
Each official position created in paragraph a, above shall be filled by a person qualified for such position pursuant to P.L. 1975, c.217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c.217, and N.J.A.C. 5:23 to hold each such position.
c. 
The public shall have the right to do business with the Enforcing Agency at one office location, except for emergencies and unforeseen or unavoidable circumstances. The location shall be the Borough Annex of the Borough of Allentown.
[1975 Code § 58-3; Ord. No. 018-77; Ord. No. 019-77; Ord. No. 014-79; Ord. No. 011-82; Ord. No. 011-84; Ord. No. 08-86; Ord. No. 08-89; Ord. No. 05-90; Ord. No. 08-92; Ord. No. 2-95; Ord. No. 12-95; Ord. No. 96-3; New; Ord. No. 13-2000; Ord. No. 06-2018]
Fees for new construction shall be based upon the volume of the structure in cubic feet.
a. 
Fee for Construction Permit. The fee for a construction permit shall be the sum of the subcode fees listed in paragraph a., 1 through 6 hereof and shall be paid before the permit is issued.
1. 
BUILDING SUBCODE FEES.
(a) 
New Construction and Additions:
Use Group
Volume x $0.0325
B, H, I-1, I-2, I-3, A-1, A-2, A-3, A-4
M, E, R-1, R-2, R-3, R-4, S-1, S-2, U, F-1, F-2
The minimum buildings fee shall be as follows:
(1) 
R-3 Use - $40.00
(2) 
All Others - $65.00
(b) 
Renovations, Alterations, Repairs and Minor Work: Fees for renovations, alterations, repairs and minor work shall be based upon the estimated cost of the work. (The applicant shall submit cost data by architect or engineer of record, a recognized estimating firm, or by contractor bid. The Department will review the construction cost for acceptability.) The fee shall be in the amount of $16 per thousand or fraction thereof.
The minimum building fee shall be as follows:
(1) 
R-3 Use: $40.00
(2) 
All Others: $65.00
(c) 
Additions and Renovations, Alterations or Repairs:
(1) 
Combination of rates "A" and "B".
The minimum building fee shall be as follows:
(i) 
R-3 Use: $50.00
(ii) 
All Others: $65.00
(2) 
Use Group R-3 and R-4. All re-roofing and residing flat fee of $50. (This covers going over existing roofing and siding with the same material only.)
(d) 
Use Group "U" and Miscellaneous Uses:
(1) 
Flat fee as follows:
Swimming Pools — Above Ground:
R-3 (Private Pool): $ 80.00
R-5 (Public Pool): $175.00
Swimming Pools — In Ground:
R-3 (Private Pool) $185.00
R-5 (Public Pool) $315.00
Sheds: Maximum 150 square feet:
R-3: $ 40.00
All others by "A"
Certificate of Occupancy Fee: $14.00 (for asbestos abatement only
Fences (Over six feet in height or used as barriers for swimming pools):
R-3: $35.00
All others: by "B"
Temporary Signs: $35.00
Permanent Signs: $70.00.
Exceptions — Nameplate with permitted home occupation: $30.00.
Installation or erection of tents exceeding 900 square feet: $100.00.
Asbestos abatement fee: $70.00.
(e) 
Demolition: Flat rate depending on Building Class when occupied as follows:
Class I: $400.00
Class II: $250.00
Class III: $110.00
For demolition of all sheds and one and two car detached garages, the flat rate of $40.00.
Underground storage tank removal: R3—$60.00. All others $220.00.
Demolition or removal of above ground storage tanks: R-3—$40.00 each. All other use groups: $65.00 each.
(f) 
Building Moved or Relocated:
Unit rate = $16.00 per thousand (minimum fee $250.00)
(1) 
Cost of moving
(2) 
New foundation
(3) 
All other costs necessary to complete structure.
(g) 
Certificates of Occupancy:
(1) 
The fee shall be in the amount of 10% of new construction permit fee. The minimum fee shall be $100.00.
(2) 
For one and two family dwellings, the minimum fee shall be $100.00.
(3) 
The fee for a Certificate of Continued Occupancy: $200.00.
(4) 
The fee for Certificate of Occupancy granted to change of Use Group—$200.00.
(5) 
Limited Certificate of Approval:
Limitations — Equipment herein below listed, having been determined to create a significant potential for hazard to public health and safety, shall be granted a certificate of approval by the appropriate subcode official or other approved agency for the duration specified herein.
(i) 
Elevators: 6 months (state)
(ii) 
Platform lifts: 6 months (state)
(iii) 
Dumbwaiters: 12 months (state)
(iv) 
High pressure boilers—12 months (state)
(v) 
Refrigeration systems: 12 months (state)
(vi) 
Pressure vessels: 12 months (state)
(vii) 
Cross-connections/backflow preventors: 3 months—$50.00
(viii) 
Such equipment shall be periodically reinspected or tested in accordance with the provisions of the regulations, prior to the expiration of such certificate of approval, and any violations corrected before a new certificate may be issued.
No such system or assembly shall continue in operation unless a valid certificate of approval has been reissued. It shall be a violation of the regulations for an owner to fail to provide for such periodic inspection and testing.
(6) 
Revocation: The Enforcing Agency may revoke a certificate of occupancy, whenever a condition of a certificate has been violated.
(7) 
Time Limit: The provisions of the regulations do not preclude periodic certification pursuant to other applicable laws and ordinances.
(8) 
Lapsed Permits: The fee for the reinstatement of a lapsed permit shall be 75% of the original lapsed permit fee.
[Ord. No. 06-2018]
(h) 
Variance Fees:
(1) 
R-3—$45.00
(2) 
All others—$350.00
(i) 
Plan Review:
(1) 
The fee for plan review shall be 20% of the amount to be charged for a new construction permit.
(2) 
The fee for the reinstatement of a lapsed permit shall be 75% of the original lapsed permit fee.
(j) 
State of New Jersey Training Fees:
(1) 
In order to provide the training and certification and technical support programs required by the act, the Enforcing Agency, including the department when acting as the local agency, shall collect a surcharge fee to be based upon the volume of new construction within the municipality. The fee shall be in the amount of $0.0016 per cubic foot volume of new construction.
(2) 
The fee for all other construction shall be eighty ($0.80) cents per $1,000 of value of construction.
(k) 
Annual Permits: The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clerical workers shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building, fire protection, electrical and plumbing. Fees shall be as follows:
(1) 
One to twenty-five (1-25) workers (including foreman) $618 per worker; each additional worker over 25, $215/worker.
(2) 
Prior to the issuance of the annual permit, a training registration fee of $130 per subcode shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section, along with a copy of the construction permit (Form F-170A). Checks shall be made payable to "Treasurer, State of New Jersey."
2. 
ELEVATOR SUBCODE FEES:
As promulgated and administered by the State of New Jersey, Department of Community Affairs.
3. 
ZONING PERMIT:
The fee for a zoning permit, in conjunction with a construction permit, shall be $15, otherwise the fee shall be $25.
4. 
FIRE SUBCODE FEES:
(a) 
Sprinkler Heads:
Number of Heads
1 — 5
$ 25.00
6 — 20
46.00
21 — 100
85.00
101 — 200
163.00
201 — 400
423.00
401 — 1,000
585.00
Over 1,000
748.00
(b) 
Independent pre-engineered suppression system: $75.00
(c) 
Commercial kitchen exhaust system: $50.00
(d) 
Fire detection and alarm systems:
Use Group
Per Device
Maximum per System
R-3 and R-4
$5.00 each
$30.00
All Others
$5.00 each
(e) 
Standpipes: $173.00
(f) 
Gas or Oil Fired Appliance—Nonplumbing connected:
New installation: $35.00 each
Replacement:: 0-
(g) 
Incinerator: $270.00 each
(h) 
Crematorium: $270.00 each
The minimum total fire subcode fee shall be:
Use Group
R-3 and R-4
$30.00
All others
$60.00
(i) 
Hazardous exhaust systems: $75.00
(j) 
Installation of fuel storage tanks R-3: $30.00
(k) 
Installation of fuel storage tanks: All other use groups: $75.00 each
(l) 
Installation of underground water storage tanks: $100.00 each
(m) 
Installation of emergency generator: $75.00 each
(n) 
Installation of exit and emergency lights: $5.00 each
5. 
PLUMBING FEES:
(a) 
The fee shall be $14 per fixture, vent or stack. For the purpose of computing this fee, fixtures, vents or stacks shall include, but not be limited to water closets, urinals, bidets, lavatories, sinks, showers, floor drains, washing machines, dishwashers, residential water heaters, all gas fired appliances, hose bibs, drinking fountains, residential central air conditioning, indirect waste or water connections, residential solar systems, roof drains, storm drains, nonresidential leaders, conductors and gutters.
(b) 
The fee shall be $65 per special device. For the purpose of computing this fee, special devices shall include, but not be limited to sewage ejector, grease, oil, sand, or other type interceptors, backflow devices, reduced pressure backflow devices, booster pumps, commercial industrial water heaters, heat exchangers, boilers or furnaces, air conditioning units, refrigeration systems and solar systems.
(c) 
The fee for each sewer, septic and water utility connection shall be $65. The fee for commercial, industrial, private on-site sanitary sewers and domestic water lines shall be 2% of construction costs of installation. Residential boiler replacement with same type, oil or gas shall be a flat fee of $45.
(d) 
The fee shall be $50 for single boiler hydronic piping for a single family residence. For all other structures, the fee shall be $55 per floor of each structure.
(e) 
The fee shall be $55 per unit for commercial industrial refrigeration piping.
(f) 
The fee shall be $55 for installation of piping on all commercial-industrial and residential fuel oil tanks.
(g) 
Notwithstanding the individual fees set forth above, the minimum total fee for all other structures shall be $65.
(h) 
Residential boiler, furnace or water heater replacement with same type, oil or gas boiler, furnace or water heater shall be a flat fee of $45.
(i) 
The fee shall be $55 each for installation of piping on all commercial-industrial and residential fuel tanks, above or underground.
(j) 
Notwithstanding the individual fees set forth above, the minimum total fee for R-3 structures shall be $45 and the minimum total fee for all other structures shall be $65.
6. 
Electrical Fees.
(a) 
Electrical Fixtures and Devices:
From 1 to 10 receptacles, fixtures or switches: $40.00
Each additional 20 receptacles fixtures or switches: $25.00
For purposes of computing this fee, receptacles, fixtures or switches shall include: lighting outlets, smoke detectors, heat detectors, fluorescent fixtures, receptacles, intercom device, burglar alarm detectors, CRT outlets, (Cathode Ray Terminal) and any similar device or motor of one horsepower or one kilowatt or less.
(b) 
Motors:
1.1 hp to 10 hp: $ 15.00
10.1 hp to 50 hp: $ 60.00
50.1 hp to 100 hp: $120.00
100.1 hp to 500 hp: $330.00
Over 500 hp: $330.00, plus $120.00 for each additional 100 hp over 500 hp
(c) 
Electrical Devices:
1.1 kW to 10 kW: $ 15.00
10.1 kW to 50 kW: $ 65.00
50.1 kW to 100 kW: $125.00
100.1 kW to 500 kW: $330.00
Over 500 kW: $330.00, plus $120.00 for each additional 100 kW over 500 kW
(d) 
For the purpose of computing this fee, typical electric device sizes are listed below and proper kW rating must be noted on application so proper fee can be assessed.
(1) 
Typical Electrical Devices:
Dishwasher: 1.2 kW
Hotwater heater: 4.4 kW
Electric dryer: 5 kW
Apartment size range: 8 kW
Electric baseboard heat: 250 K/w foot
Alarm master unit
Intercom master unit
All other - Apply kW schedule
This typical list is not all inclusive.
(2) 
Transformers or Generators:
1.1 kW or 10 kW: $ 15.00
10.1 kW to 45 kW: $ 65.00
45.1 kW to 112.5 kW: $120.00
112.6 kW to 500 kW: $330.00
Over 500 kW: $330.00 plus $120.00 each additional 100 kW over 500 kW
(3) 
Low Voltage Service Equipment Including:
Service Panel
Service Entrance
0 to 200 amp: $ 65.00
200.01 to 800 amp: $120.00
800.01 to 2000 amp: $330.00
Over 2000 amp: $330.00, plus $120.00 for each 500 amps over 2000 amps
(4) 
High Voltage Service (over 600 volts):
Minimum fee: $550.00
(5) 
Construction Pole Service and 1-10 Receptacles: $110.00
(6) 
Sub-Panels:
0 to 200 amp: $ 35.00
200.0 to 800 amp: $120.00
800.0 amp and larger: $330.00
(7) 
Air Conditioners: Apply motor schedule
(8) 
Pools:
Minimum fee — All permanent pools: $75.00
For pump, bonding and convenience outlets, sub-panels, lights, sweepers, etc.: Extra at published rates
(9) 
Trailer Connections:: $ 50.00
(e) 
The minimum electrical fee for a basic permit is $40.00. (Exceptions noted below)
Special Fees
R-3 Construction
Radon Fans
$35.00
**Furnace Replacement
$35.00
Central Air Replacement
$35.00
**Furnace and Central Air
$45.00
**No change in heating fuel**
b. 
The Construction Official shall, with the advice of the Subcode Officials, prepare and submit to the Mayor and Council, biannually, a report recommending a fee schedule based on the operating expenses of the Agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
c. 
In cases where the Borough Engineer is required to review and/or inspect and approve any application or construction site, the Construction Official will collect an engineering fee equal to $90 per hour. The Borough Engineer shall provide an estimate of the number of hours for each application to the Construction Official prior to a permit being issued. For all cases and/or where the Borough Engineer did not review an application but was called to a job site to inspect and/or approve a condition or element of a job site, the Borough Engineer shall document the total hours (cost) to the Construction Official and the Borough, and the cost shall be collected from the permit holder prior to the issuance of a certificate of occupancy.
[1975 Code § 58-4; Ord. No. 019-76]
The Enforcing Agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year.
[1975 Code § 58-5; Ord. No. 019-76; Ord. No. 013-82; Ord. No. 08-92]
The Construction Official shall prepare and submit to the Mayor and Council, biannually, a report reevaluating the delineation of the fire limits.
[1975 Code § 58-21; Ord. No. 020-28]
In the event that there is an application for a demolition permit in the Borough of Allentown, the Construction Official shall immediately notify the Mayor and Borough Council, in writing, of the fact that an application has been made for a demolition permit. The Borough Council shall have 60 days from the date that the notice is received to review the application for the demolition permit and to provide comments, in writing, to the Building Subcode Official in relation to the demolition permit application.
[1975 Code § 75-1]
The Housing Inspector is hereby designated as the officer to exercise the powers prescribed by this section, and he shall serve in such capacity without any additional salary.
[1975 Code § 75-2; Ord. No. 014-81]
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the New Jersey State Housing Code (1980 Revision), as approved by the Department of Community Affairs and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the New Jersey State Housing Code (1980 Revision) is annexed to this section, and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[1975 Code § 75-3]
a. 
The Housing Inspector is hereby authorized to make inspections to determine the condition of dwellings, dwelling units, rooming units, industrial establishments, commercial establishments, stores, restaurants and other premises located within the Borough in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
b. 
For the purpose of making such inspections, the Housing Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, industrial establishments, commercial establishments, stores, restaurants and other premises. The owner or occupant of every dwelling, dwelling unit, rooming unit, industrial establishment, commercial establishment, store, restaurant or other premises, or the person in charge thereof, shall give the Housing Inspector free access to such dwelling, dwelling unit, rooming unit, industrial establishment, commercial establishment, store, restaurant or other premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling, dwelling unit, rooming unit, industrial establishment, commercial establishment, store, restaurant or other premises shall give the owner thereof or his agent or employee access to any part of such dwelling, dwelling unit, rooming unit, industrial establishment, commercial establishment, store, restaurant or other premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[1975 Code § 75-4]
a. 
Whenever the Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
1. 
Be put in writing.
2. 
Include a statement of the reasons why it is being issued.
3. 
Allow a reasonable time for the performance of any act it requires.
4. 
Be served upon the owner or his agent or upon the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is sent by registered mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this State.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
b. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Housing Inspector, provided such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Borough Clerk shall set a time and place for such hearing and shall give the petitioner written notice thereof.
c. 
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Housing Inspector may postpone the date of the hearing for a reasonable time beyond such 10 day period if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
d. 
After such hearing, the Housing Inspector shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Housing Inspector sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within 10 days after such notice is served.
e. 
The proceedings at such hearing, including the findings and decision of the Housing Inspector, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
f. 
Any person aggrieved by the decision of the Housing Inspector may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.
g. 
Whenever the Housing Inspector finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, if such emergency exists, such order shall be effective immediately, and any person to whom such order is directed shall comply therewith immediately but, upon petition to the Housing Inspector, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Inspector shall continue such order in effect, or modify it or revoke it.
[1975 Code § 75-5; New]
a. 
The Housing Inspector is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this section; provided, however, that such rules and regulations shall not be in conflict with the provisions of this section nor in any way alter, amend or supersede any of the provisions thereof.
b. 
The Housing Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk. The present rules and regulations adopted by the Borough of Allentown Housing Inspector are those contained in the 1993 BOCA National Property Maintenance Code.
[1975 Code § 75-6; Ord. No. 07-76; Ord. No. 018-85; Ord. No. 017-86; Ord. No. 09-88; Ord. No. 020-90; Ord. No. 5-93; New; Ord. No. 06-2018]
Prior to any change in ownership or occupancy of any house, dwelling, apartment unit, boardinghouse unit, rooming house unit, industrial establishment, commercial establishment, store, restaurant or other premises, whether by transfer of title, change of renting or leasing tenants, or otherwise, which is used, partially used or intended to be used for human occupancy or human use, a certificate of approval shall first have been obtained from the Housing Inspector, stating that the building, or the specified portion thereof, or a particular unit therein, or the premises comply with the requirements of this section and all other ordinances of the Borough regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy or human use. Such certificate of approval shall be requested, processed and issued in accordance with the following:
a. 
Application shall be made, in writing, by the owner or the owner's agent or representative to the Housing Inspector prior to a change in ownership or occupancy, requesting an inspection by the Housing Inspector, or his or the Borough of Allentown's designated representative or agency, specifying the premises to be inspected, the location thereof, the name of the present owner(s) and tenant(s) and lessee(s) and the name of the prospective purchaser(s) or tenant(s) and lessee(s). When an application is made for an inspection, the following fees will be paid to the Borough Clerk with the application:
1. 
The fee for an application as stated hereunder shall be $100 which fee shall be paid to the Borough Clerk at the time the application is made.
[Ord. No. 06-2018]
b. 
The requested inspection shall be made and an inspection report containing all existing violations as may be found of all Borough ordinances regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy, including the condition of any sidewalks servicing the premises, or lack of sidewalks, except as stated in Chapter 14, shall be set forth as separate items by the inspecting official in a written report which shall be submitted to the person applying for the inspection.
[Ord. No. 06-2018]
c. 
All the violations shall be corrected prior to any change of ownership or occupancy or, in the alternative, may be assumed by the prospective purchaser on the condition that such violations be corrected within 60 days from the date of the report or within any extension of the 30 day period granted by the Housing Inspector or his representative. The exception to this may be if the weather prohibits construction or reconstruction of any outdoor violation, including sidewalks, the seller has the option to post monies in an escrow account that is sufficient to cover such items, upon improvement in outdoor conditions.
d. 
A single reinspection may be requested without additional fee by the person making the original application within 30 days of the date of the inspection report, and a reinspection shall be made within 30 days of the date of the inspection report, or as soon thereafter as the inspecting official can schedule such reinspection in instances where the prospective purchaser has assumed responsibility for correction of violations, but any additional or later reinspection shall only be made upon payment of the required inspection fee. Housing inspection approvals are valid for 120 days from the date approved by the Housing Official.
e. 
The Borough shall not, by the performance of inspections and reinspections required hereby, become or be considered to be a guarantor to any owner, purchaser, tenant or other person as to the condition of any building, unit or premises inspected, or a participant in any contractual relationship between any persons or parties as to same.
f. 
Upon an inspection report being rendered without any violation of the Borough being disclosed, or upon any disclosed violation being remedied and correct prior to reinspection, the construction official shall issue to the applicant a certificate of approval for the subject premises so qualifying, which shall be valid until the next occurring change in ownership or occupancy, or any subsequent inspection by the Housing Inspector or his representative as shall disclose ordinance violations, whichever occurs first.
g. 
If any person who shall be the owner, purchaser, tenant, lessee, agent or owner, rental agent, or real estate agent, broker, firm, company, partnership or corporation shall transfer, sell, buy, occupy, rent, lease or otherwise change the ownership or occupancy of any structure regulated or encompassed by this section without complying with the requirements concerning the obtaining of a certificate of approval shall be subject to the penalties imposed for the violation of this section.
[1975 Code § 75-7; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[1975 Code § 56-1]
Any building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration shall be removed or destroyed, and the cost thereof shall be assessed as a municipal lien against the premises, where such removal or destruction is undertaken by the Borough.
[1975 Code § 56-2; Ord. No. 021-86]
The Building Subcode Official or Housing Inspector shall be the officer whose duty it shall be to file a written complaint with the Mayor and Council concerning any building, wall or structure in the Borough which is or may become dangerous to life or health or which might tend to extend a conflagration.
[1975 Code § 56-3; Ord. No. 021-86]
Before any proceeding is taken pursuant to the provisions hereof and pursuant to the complaint of the Building Subcode Official or Housing Inspector, the Mayor and Council shall, by resolution, cause notice of the contemplated removal or destruction of any such building, wall or structure to be given to the owner or owners of any land affected thereby. Such notice shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the manner in which such removal or destruction is to be carried out, and a notice that unless such building, wall or structure is removed or destroyed within 30 days after the service of such notice, the Borough will proceed with such removal or destruction or cause the same to be proceeded with pursuant to the authority of N.J.S.A. 40:48-1, Subdivision 15. Such notice may be served personally upon the owner or owner's residence in the Borough or by leaving the same at his or their usual places of residence with a member of his or their families above the age of 14 years. In case any such owner shall not reside in the Borough, notice may be served upon him personally or mailed to his last known office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. In case the owner of any such property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, not less than 30 days before the proposed removal or destruction, in a newspaper circulating in the Borough. There may be inserted in the advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners or to an owner or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one of such owners shall be sufficient and shall be deemed and taken as notice to all. Proof of service of such notice shall be filed within 10 days thereafter with the officer having charge of the record of tax liens in such Borough, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
[1975 Code § 56-4]
When any such removal or destruction shall have been undertaken and completed by the Borough, an accurate account of the cost and expense thereof shall be kept, and a true statement under oath or affirmation shall be filed by the officer of the Borough in charge of such removal or destruction with the Borough Clerk. The Mayor and Council shall examine the same and, if the same is properly made, shall confirm it and file such report with the Borough Clerk, who shall record the same in a book to be kept for that purpose.
[1975 Code § 56-5]
Any costs, expenses or disbursements incurred in the removal or destruction of any such building, wall or structure of a part or parts thereof, after having first been approved by the Mayor and Council as being reasonable and proper, may be assessed as a municipal lien against the premises, such assessment to be made in the same manner as improvement assessments are now made, and the Mayor and Council may institute a civil action against such owner or owners to recover the costs thereof. The remedy by a civil action shall be in addition to the right to assess a municipal lien against the premises.
[1975 Code § 56-6; Ord. No. 021-86]
The Building Subcode Official or Housing Inspector is hereby designated as the officer charged with the supervision of the removal or destruction of any building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration.
[1975 Code § 56-7; Ord. No. 021-86]
Any owner or owners, occupant or other person having any lien or claim upon the premises on which is situated any such building, wall or structure, desiring to contest the right of the Borough to remove or destroy any such building, wall or structure because he contends it is not or may not become dangerous to life or health or might not tend to extend a conflagration, may file a written protest against such contemplated removal or destruction with the Borough Clerk before the time has expired in the notice as hereinabove provided, setting forth his objection and his post office address, in which case the Borough Clerk shall present the matter to the Mayor and Council and to the Building Subcode Official or Housing Inspector, and the Mayor and Council shall thereafter, on not less than 10 days' written notice mailed by the Borough Clerk to such person or person's post office address designated in the written objection, fix a time and place for the hearing of the objection, and after the hearing the Mayor and Council shall pass either a resolution to proceed with the destruction or removal of any such building, wall or structure or a resolution discontinuing such proceedings, and if the Mayor and Council by its resolution has ordered the removal or destruction of any such building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration, the Building Subcode Official or Housing Inspector, upon the expiration of the time prescribed in the original notice hereinabove provided, shall proceed forthwith with the removal or destruction of the same.
[Ord. No. 02-2013]
Every landlord in the Borough of Allentown shall, by July 1 of each year or at the time of the creation of the first tenancy submit to the Borough of Allentown in the case of a one-dwelling or commercial unit rental or a two-dwelling or commercial unit non-owner occupied premises, a certificate of registration on forms prescribed by the Commissioner of Community Affairs for a fee of $25 made payable to the Borough of Allentown, which registration shall contain the following information:
a. 
The initial registration shall identify all tenants that are presently in the premises.
b. 
Contact information for all tenants and for the landlord in the form of telephone numbers and/or e-mail.
c. 
A copy of all Certificates of Occupancy that were obtained for tenants in the building.
d. 
The names and address of the record owner or owners of the premises and the record owner of the rental business, if not the same persons. In the case of a partnership, the name of all general partners shall be provided.
e. 
If the record owner is a corporation, the name and address of the registered agent and corporate officers of the corporation.
f. 
If the address of any record owner is not located in the county in which the premises are located, the name and address of a person who resides in the county in which the premises are located and is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the record owner.
g. 
The name and address of the managing agent of the premises, if any.
h. 
The names and addresses, including the dwelling unit, apartment, or room number of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent to provide maintenance service, if any.
i. 
The name, address and telephone number of an individual representative of the record owner or managing agent, who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of an essential service or system, and who has the authority to make emergency decisions concerning the building and any repair to it or expenditure in connection with it.
j. 
The name and address of every holder or recorded mortgage on the premises.
k. 
If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
[Ord. No. 02-2013]
In the case of a filing with the Borough Clerk, the Clerk shall index and file the certificate and make it reasonably available for public inspection.
[Ord. No. 02-2013]
Every landlord required to file a certificate of registration shall file an amended certificate of registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of amendment, except where the ownership of the premises changes.
[Ord. No. 02-2013]
At the time of the creation of a new tenancy, every landlord shall provide each occupant or tenant in this building or project a copy of the certificate of registration required by this section. If an amended certificate is filed, the landlord shall furnish each occupant or tenant with a copy of the amended certificate within seven days after amended certificate is filed with the Borough Clerk in the case of a tenant occupied one-family dwelling or a non-owner occupied two-family dwelling.
[Ord. No. 02-2013]
Any person violating or failing to comply with any of the provisions off this section shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Section 1-5 entitled "General Penalty." Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[1975 Code § 93-1; Ord. No. 07-85]
As used in this section:
SATELLITE ANTENNA
Shall mean any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
[1975 Code § 93-2; Ord. No. 07-85]
The provisions of this section shall be administered by the Construction Official.
[1975 Code § 93-3; Ord. No. 07-85]
No satellite earth station antenna, including its mount, shall be built, erected or modified until a site plan is obtained from the Planning Board and a building permit is obtained from the Building Subcode Official in accordance with plans and specifications as presented to and approved by the Planning Board. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Building Subcode Official such plans, drawings, and specifications as approved by the Planning Board for the satellite earth station antenna to be constructed, erected or modified and shall pay a fee of $25 with the application.
[1975 Code § 93-4; Ord. No. 07-85]
a. 
All satellite earth station antennas shall be deemed accessory buildings as the term is defined in the zoning regulations and shall be subject to all regulations set forth in the zoning regulations governing the location and height of accessory buildings.
b. 
All satellite earth station antennas shall be located either in the rear yard or on the principal structure located on the lot in question.
c. 
All satellite earth station antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations or any modification or successors to the standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Building Subcode Official shall be submitted to the Building Subcode Official as a condition of the issuance of the building permit required by this section.
[1975 Code § 93-5; Ord. No. 07-85]
a. 
Every satellite earth station antenna shall be enclosed with a wooden or wire-mesh fence having a height of six feet in order to prevent unauthorized persons from gaining access to the antenna. The fence required hereby may be constructed on the perimeter of the property in accordance with Chapter 32 of the Borough of Allentown Code governing fences, but the screening requirements set forth in this section shall remain in effect, even if the fence constructed is at or near the perimeter of the property rather than in closer proximity to and surrounding the antenna and mount.
b. 
All satellite earth station antennas shall be reasonably screened to minimize the view of the antenna from public thoroughfares and the ground level of adjacent properties. Screening may consist of trellises, latticework, decorative block, basketweave fencing, open artistic block or other similar material at least four feet in height, as is approved by the Planning Board, or may consist of approved plantings of at least four feet in height of such kind, proximity and density of growth as shall effectively screen the antenna and mount in all seasons of the year. All screening shall be maintained as originally approved. If the screening is not maintained, any permit granted in connection with the satellite earth station antenna is subject to revocation by the Building Subcode Official. All screening shall conform to all other Borough ordinances, including Chapter 32, governing fences.
[1975 Code § 93-6; Ord. No. 07-85]
Applications for variances from the terms of this section may be presented to the Board of Adjustment, or the Planning Board in the appropriate case, in accordance with this chapter, the zoning regulations and the rules and regulations governing the Land Use Boards in the Borough.
[New]
a. 
Ruling of Federal Communication Commission. The ruling of the FCC is that small dish antennas are not regulated by the building or zoning codes of any municipality.
b. 
State Uniform Construction Code. As per the State Uniform Construction Code Act, Section N.J.A.C. 5:23-2-2(e); "Where provisions herein specify requirements for the structural, fire and sanitation safety, no provision of any municipal zoning or other municipal code shall conflict, govern or have effect. Where the provisions herein specify requirements with respect to location, use, permissible area and height and the municipal zoning code establishes requirements as well, then the more restrictive requirements of this code or the zoning code shall govern."
[New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.