Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1975 Code § 51-1]
a. 
The tenant or occupant of any leased or occupied lot or premises shall not permit weeds or grass over 10 inches in height to grow or stand on the lot or premises so occupied.
b. 
The person or corporation owning any lot or premises not leased or occupied by another shall not permit weeds or grass over 10 inches in height to grow or stand on such lot or premises so owned.
[1975 Code § 51-2]
a. 
The tenant or occupant of any leased or occupied lot or premises shall not permit weeds or grass over 10 inches in height to grow or stand on the sidewalk abutting such lot or premises so occupied.
b. 
The person or corporation owning any lot or premises not leased or occupied by another shall not permit weeds or grass over 10 inches in height to grow or stand on the sidewalk abutting such lot or premises so owned.
[1975 Code § 51-3; Ord. No. 025-81; New]
a. 
Definitions. As used in this section:
OWNER
Shall be deemed to be the person, firm or corporation appearing as "owner" upon the plottings found in the tax office. Each of the members of a firm shall be held responsible and punishable for any violation by the firm of the provisions of this section.
b. 
Notice to Owners or Tenants. After an investigation of any complaint of a resident, officer or employee of the Borough relative to a violation of this section, or upon his own motion, the Housing Inspector shall notify, in writing, the owner, tenant or person in possession of the lands complained of, either personally or by certified mail, return receipt requested, to remove such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris, within five days after receipt of this notice. The officer shall reinspect the lands in question after the five day period expires and report, in writing, to the Council at its next regular meeting whether the condition complained of has been abated or remedied.
c. 
Removal by Borough; Costs Established as a Lien. If the owner, tenant or person in possession of the lands in question fails to abate the condition complained of within five days after receipt of notice, the officer shall cause the condition complained of to be abated and certify the cost to the Council, who shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[1975 Code § 51-4; New]
For every violation of any of the provisions of this section, the person, firm or corporation responsible shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 51-5]
It shall be the duty of the Housing Inspector to enforce the provisions of this section.
[1975 Code § 114-1; Ord. No. 017-80]
As used in this section:
ERADICATION
Shall mean the elimination of rodents, insects and other pests by means not harmful to the public health, safety and welfare.
FIREWOOD
Shall mean wood used for fuel or decorative burning in a fireplace or stove.
HARBORAGE
Shall mean any condition which provides shelter or protection for rodents, insects and other pests.
PRIVATE PREMISES
Shall mean any lot, dwelling, house, building or other structure designed or used either wholly or in part for residential, commercial or industrial purposes, whether inhabited or uninhabited or vacant, and shall include any lands adjacent thereto under common ownership as that of the ownership of the structure.
[1975 Code § 114-2; Ord. No. 017-80]
No person shall store firewood or maintain a woodpile on private premises unless:
a. 
The storage of firewood or woodpile is kept stacked and reasonably secure.
b. 
The storage of firewood or woodpile is raised at least three inches off the ground.
c. 
The storage of firewood or woodpile is stored in such a manner that it will not provide for the harborage of rodents, insects or other pests.
[1975 Code § 114-3; Ord. No. 017-80]
If, after inspection by the Housing Inspector, it is determined that there is a violation of subsection 12-2.2, the person who owns, occupies or is in control and in charge of the premises shall be given written notice by personal service or certified mail, return receipt requested, by the Borough Clerk that the person is in violation of the within section. The person shall, within 10 days after being so notified, make the necessary changes in the storage of firewood or woodpile in order to eliminate the violation of the within section and shall further take the necessary eradication measures in order to eliminate and exterminate the rodents, insects and other pests.
[1975 Code § 114-4; Ord. No. 017-80; New]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 98-23]
The owner, tenants or persons legally in possession of any land within the Borough shall keep all brush, hedges and other plant life growing within 10 feet of any roadway and 25 feet of the intersection of two roadways cut to a height of not more than two and one-half (2 1/2) feet where it shall be necessary and expedient for the preservation of public safety, within 10 days after notice to cut the same.
[1975 Code § 98-24; New]
The Police Department shall be the enforcement officers charged with the administration and enforcement of this section.
[Ord. No. 09-2006]
The purpose of this section is to establish a yard waste collection and disposal program in Allentown Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 09-2006]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within street lines.
YARD WASTE
Shall mean leaves, brush and organic material excluding grass clippings.
[Ord. No. 09-2006]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs (including mulch, topsoil and stone), the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of the section.
[Ord. No. 09-2006]
The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Allentown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 09-2006]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within street lines.
YARD WASTE
Shall mean leaves, brush and organic materials excluding grass clippings.
[Ord. No. 09-2006]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 09-2006]
The purpose of this subsection is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Allentown, so as to protect public health, safety, and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 09-2006]
For the purpose of this section, the following phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Allentown or other public body, and is designed and used for collecting and conveying stormwater. MS4's do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 09-2006]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Allentown is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 09-2006]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g. infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for the intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from the equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g. shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rising of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 09-2006]
This section shall be enforced by the Code Enforcement Officer.
[1975 Code § 114-4; Ord. No. 017-80; New; Ord. No. 09-2006]
Any person violating any of the provisions of Sections 12-4, 12-5 and 12-6, shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5
[Ord. No. 09-2006]
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 09-2006]
This section shall be in full force and effect from and after its adoption and any publication as may be required by law.
[Ord. No. 06-2012]
The purpose of the section is to establish requirements for dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Allentown and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 06-2012]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Allentown or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 06-2012]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Allentown.
[Ord. No. 06-2012]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 06-2012]
This section shall be enforced by the Code Enforcement Officer.
[Ord. No. 06-2012]
Any person(s) violating any of the provisions of Section 12-7 shall upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 05-2015]
ABANDONED PROPERTY
Shall mean pursuant to N.J.S.A. 55:19-81 is defined as follows:
Any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the public officer that:
a. 
The property is in need of rehabilitation in the reasonable judgment of the public officer, and no rehabilitation has taken place during that six-month period;
b. 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the public officer pursuant to this section;
c. 
At least one installment of property tax remains unpaid and delinquent on that property in accordance with chapter 4 of title 54 of the Revised Statutes of the date of the determination by the public office pursuant to this section; or
d. 
The property has been determined to be a nuisance by the public officer in accordance with section 5 of P.L.2003, c. 210 (C.55:19-82). A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (C.55:19-78 et al.) so long as two-thirds 2/3 or more of the total net square footage of the building was previously legally occupied as residential or commercial space and none of the residential or commercial space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either paragraph a or paragraph d of this section.
OWNER
Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant/abandoned property, any foreclosing entity subject to the provisions of C.46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296 as amended by P.L. 2014, c. 35), or any other entity determined by the Borough of Allentown to have authority to act with respect to the property.
VACANT PROPERTY
Shall mean any building used or to be used as a residence, commercial or industrial structure which is not legally occupied or at which substantially all lawful construction operations or occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-54, 55:19-78, 55:19-79, 55:19-80 and 55:19-81; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this section.
[Ord. No. 05-2015]
Effective February 1, 2016, the owner of any vacant property as defined herein shall, within 60 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later; or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Housing Inspector on forms provided by the Borough for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
a. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the owner or owners as authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceedings on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number, and email (if applicable) of the firm and the actual name(s) of the firms individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a 24-hour per day, seven-day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
c. 
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be pro-rated through December 31st. The owner shall be required to renew the registration annually as long as the building remains a vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in subsection 12-8.5 of this section, for each vacant property registered.
d. 
The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
e. 
The owner shall notify the Housing Inspector within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough for such purpose.
f. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the building.
The owner of any vacant property registered under this section shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other times as may be mutually agreed upon between the owner and the Borough.
[Ord. No. 05-2015]
a. 
An owner who meets the requirements of this section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
b. 
By designating an authorized agent under the provisions of this section the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough in writing of a change of authorized agent or until the owner files a new annual registration statement.
c. 
Any owner who fails to register vacant/abandoned property under the provisions of this section shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Borough by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building and/or property.
[Ord. No. 05-2015]
The initial registration fee for each building shall be $500. The fee for the first renewal is $1,000, and the fee for the second renewal is $2,000. The fee for any subsequent renewal beyond the second renewal is $3,000.
Vacant Property Registration Fee Schedule
Initial Registration
$ 500.00
First Renewal
$1,000.00
Second Renewal
$2,000.00
Subsequent Renewal
$3,000.00
[Ord. No. 05-2015]
The owner of any building that has become vacant/abandoned property as defined herein, and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within 30 days thereof:
a. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing those codes; and
b. 
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process, and the person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches. The sign shall be professionally made and printed (no hand written signs will be permitted); and
c. 
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
d. 
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building is complete.
e. 
The owner of any vacant property shall acquire or otherwise maintain liability insurance, in an amount of not less than $300,000.00 for buildings designed primarily for one to four unit residential use and not less than $1,000,000.00 for any other building, including, but not limited to, buildings designed for multifamily, manufacturing, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the Municipal Officer within 30 days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.
[Ord. No. 05-2015]
a. 
Any person who violates any provision of this section or the rules and regulations issued hereunder shall be fined not less than $100.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.
b. 
For purposes of this section, failure to file a registration statement within 60 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later; or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions contained herein shall be deemed to be violations of this section.
c. 
An out-of-state creditor subject to this section found to be in violation of the requirement to appoint an in-State representative or agent shall be subject to a fine of $2,500.00 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-State representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a of section 17 of P.L.2008, c. 127 (C.46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
d. 
A creditor subject to this section found to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to the section shall be subject to a fine of $1,500.00 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
e. 
Nothing in this section is intended to nor shall be read to conflict or prevent the Borough from taking action against owners of buildings or structures found to be unfit for human habitation or are unsafe structures as provided in applicable provision of the Borough Code, including but not limited to provisions of the State or Borough Building or Property Maintenance Codes. Further, any action taken under any such code provision other than the demolition of a structure shall not relieve an owner from its obligations under this section.
[Ord. No. 05-2017; amended 4-30-2019 by Ord. No. 10-2019]
a. 
The Borough' s Code Enforcement Official is hereby designated as the public officer for purpose of carrying out the responsibilities and powers under the law.
b. 
The Mayor and Council, pursuant to the Borough Code Enforcement Official's review, inspection and identification of abandoned properties within the Borough, hereby place the properties listed on Exhibit A, attached hereto,[1] on the Borough' s Abandoned Property List pursuant to N.J.S.A. 55:19-55, and authorize the Borough Attorney and/or Code Enforcement Official to provide such notices and carry out tasks as are required to effectuate an abandoned property list as provided by law.
[1]
Editor's Note: Said list is on file in the Borough offices.
c. 
The abandoned property list established herein shall apply to the Borough as a whole and in its entirety.
d. 
The Code Enforcement Official may exercise the authority granted to the Borough pursuant to N.J.S.A. 55:19-90 to designate qualified rehabilitation entities to act as the designee of the Borough as provided by law.
e. 
The Borough Attorney and/or Code Enforcement Official shall provide a report to the Borough' s governing body every six months with respect to the number and location of properties on the abandoned property list, the status of those properties, and any actions taken by the Borough or by any qualified rehabilitation entity designated with respect to any property on the list or any other abandoned property within the Borough of Allentown.
f. 
This section shall be in full force and take effect 20 days after final passage and publication, as required by law.
[Ord. No. 05-2018]
The "2018 International Property Maintenance Code" as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Borough of Allentown, County of Monmouth, State of New Jersey; for the control of buildings and structures as therein provided; and each and all of the regulations of the "2018 International Property Maintenance Code" are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, save and except such portions as are hereinafter deleted, added, changed or supplemented. Three copies of the same are on file in the office of the Borough Clerk.
[Ord. No. 05-2018]
Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Ord. No. 05-2018]
Nothing in this section or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 12-9.2 of this section; nor shall any just or legal right or remedy or any character be lost, impaired or affected by this section.
[Ord. No. 05-2018]
The following provisions of the "2018 International Property Maintenance Code" are hereby deleted, added, changed or supplemented to read as follows:
Section 111 of the International Property Maintenance Code means of appeal is hereby deleted and replaced with the following:
There is hereby appointed an appeal official who shall be the Planning Board/Zoning Board Attorney. Any owner or person who is aggrieved with the ruling or decision of the Zoning/Code Enforcement Officer, in any matter relative to the interpretation or enforcement of any of the provisions of the Code may appeal the decision or interpretation to the Planning Board/Zoning Board Attorney.
The appeal must be filed with the Secretary of the Planning Board/Zoning Board in writing, requesting a hearing and setting forth a brief statement of the grounds therefor within 20 days after receipt of the ruling or decision of enforcing officer.
Upon receipt of such petition, the Secretary of the Planning Board/Zoning Board shall set a time and place for a hearing and shall give the petitioner notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard, and to show cause why such ruling or decision of the Zoning/Code Enforcement Officer should be modified or withdrawn.
After such hearing, the Planning Board/Zoning Board Attorney shall sustain, modify, or withdraw the ruling or decision of the Zoning/Code Enforcement Officer depending upon his or her findings as to whether the provisions of this subsection and of any rules and regulations adopted pursuant thereto have been complied with.
The proceedings of such hearing, including the findings and decisions of the Planning Board/Zoning Board Attorney, shall be summarized, reduced to writing and entered as a matter of public record by the Secretary of the Planning Board/Zoning Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Planning Board/Zoning Board Attorney may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State of New Jersey.