[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.
(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:
(c)
Additions and Renovations, Alterations or Repairs:
(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.
(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]
(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:
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.
