[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.
OWNER
Definitions. As used in this section:
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]
[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:
Shall mean the elimination of rodents, insects and other
pests by means not harmful to the public health, safety and welfare.
Shall mean wood used for fuel or decorative burning in a
fireplace or stove.
Shall mean any condition which provides shelter or protection
for rodents, insects and other pests.
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]
[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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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]
[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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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]
[Amended in entirety 2-28-2023 by Ord. No. 05-2023. Prior history includes Ord. No. 05-2015.]
[Amended 2-28-2023 by Ord. No. 05-2023]
The Borough of Allentown hereby establishes a vacant property
registration program for the purposes of identifying and monitoring
residential and commercial properties within the Borough against which
a summons and complaint in an action to foreclose on a mortgage has
been filed, and to regulate the care, maintenance, security, and upkeep
of the exterior of vacant and abandoned residential and commercial
properties against which a summons and complaint in an action to foreclose
has been filed; as well as impose property registration fees upon
the creditors of such residential or commercial properties on an annual
basis.
[Amended 2-28-2023 by Ord. No. 05-2023]
Means a mortgagee or an agent or assignee of a mortgagee,
such as the servicer, who has filed a complaint in the Superior Court
seeking to foreclose upon a residential or commercial mortgage. If
the entity seeking to foreclose upon the residential or commercial
mortgage changes as a result of an assignment, transfer, or otherwise
after the filing of the foreclosure complaint in the Superior Court,
the new entity shall be deemed the creditor for purposes of this section.
For purposes of this section, a creditor shall not include the State,
a political subdivision of the State, a State, county, or local government
entity, or their agent or assignee, such as the servicer.
Means residential and commercial properties within the Borough
against which a summons and complaint in an action to foreclose on
a mortgage has been filed.
Means residential and commercial properties as to which a notice of violation has been issued under Section 12-8.6 hereinbelow, or where a notice of violation has not been issued, such property shall be deemed "vacant and abandoned" if it is not occupied by a mortgagor or tenant (evidenced by a lease agreement), and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned;
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
[Amended 2-28-2023 by Ord. No. 05-2023]
a.
A creditor filing a summons and complaint in an action to foreclose
upon a real property within the Borough shall, within 10 days after
serving such summons and complaint, and annually thereafter, file
a registration statement for such property in foreclosure with the
Borough Clerk on forms provided by the Borough for such purposes.
b.
Each property in foreclosure having a separate block and lot number
as designated in the official tax maps of the Borough shall be registered
separately.
c.
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 creditor as the authorized agent
for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such creditor in connection with the enforcement of this
section. The registration statement shall also include the name, street
address, telephone number, and email address (if applicable) of the
firm and the actual name(s) of the firm's individual principal(s)
responsible for maintaining the property in foreclosure. The authorized
agent and the responsible person(s) may be the same or different.
All such persons shown on the statement must maintain offices in the
State of New Jersey or reside within the State of New Jersey.
d.
The registration statement shall identify the date the summons and
complaint in an action to foreclose on a mortgage was filed against
the subject property, the court in which it was filed, and the docket
number of the filing.
e.
The registration statement shall further identify whether the property is vacant and abandoned in accordance with the definition set forth in subsection 12-8.2 hereinabove.
f.
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned under the definition set forth in subsection 12-8.2 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status within 10 days thereof.
g.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31st of the year in which it was filed. The creditor shall be required to renew the registration annually and shall pay the registration fee prescribed in subsection 12-8.4 for each property registered. 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.
h.
The creditor shall notify the Borough Clerk within 10 days of any
change in the registration information by filing an amended registration
statement on a form provided by the Borough Clerk for such purpose.
i.
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 creditor.
[Amended 2-28-2023 by Ord. No. 05-2023]
The annual registration fee shall be $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. An additional $2,000 per property annually shall be assessed upon registration or renewal if the property was vacant and abandoned under the definition set forth in subsection 12-8.2 hereinabove when the summons and complaint in an action to foreclose was filed, or becomes vacant and abandoned under the definition set forth in subsection 12-8.2 hereinabove at any time thereafter while the property is in foreclosure.
[Amended 2-28-2023 by Ord. No. 05-2023]
a.
A creditor filing a summons and complaint in an action to foreclose
against a property within the Borough shall be immediately responsible
for the care, maintenance, security and upkeep of the exterior of
the property in accordance with this section.
b.
A creditor filing a summons and complaint in an action to foreclose against a vacant and abandoned property as defined in subsection 12-8.2 hereinabove, or against a property that thereafter becomes vacant and abandoned under the definition set forth in subsection 12-8.2 hereinabove at any time while the property is in foreclosure, shall:
1.
Enclose and secure the property against unauthorized entry as provided
in the applicable provisions of the Borough Code, or as set forth
in any such rules and regulations supplementing same; and
2.
Post a sign affixed to the inside of the property and visible to
the public indicating the name, address, and telephone number of the
creditor or an out-of-State creditor's in-State representative
or agent for the purpose of receiving service of process; and
3.
Ensure that the property, including yards, fences, sidewalks, walkways,
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
4.
Continue to maintain the property 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 property is again occupied,
demolished, or until repair and/or rehabilitation of the property
is complete.
5.
The creditor shall acquire or otherwise maintain liability insurance,
in an amount of not less than $300,000 for properties designed primarily
for one to four unit residential use and not less than $1,000,000
for any other property, including, but not limited to, properties
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 property. Any insurance policy acquired or
renewed after the property has become vacant and abandoned shall provide
for written notice to the Borough Clerk within 30 days of any lapse,
cancellation or change in coverage. The creditor shall attach evidence
of the insurance to the annual registration statement. Any registration
statement for a vacant and abandoned property that does not include
such evidence shall not be a valid registration.
c.
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-State representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of subsections 12-8.5a and 12-8.5b hereinabove. Notice of said representative or agent shall be provided to the Borough Clerk under subsection 12-8.3c.
[Amended 2-28-2023 by Ord. No. 05-2023]
a.
The enforcement officers designated in subsection 12-8.7 hereof shall be authorized to issue a notice to any creditor that has filed a summons and complaint in an action to foreclose against a property within the Borough, if the enforcement officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a property in foreclosure or a vacant and abandoned property, or has failed to comply with any other provision or requirement of this section.
b.
Where a creditor is an out-of-State creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to subsection 12-8.5c.
[Amended 2-28-2023 by Ord. No. 05-2023]
The duty of administering and enforcing the provisions of this Section 12-8 is conferred upon the Borough Clerk, Code Enforcement Officer, Housing Inspector, and Zoning Officer, and any other duly appointed representatives.
[Amended 2-28-2023 by Ord. No. 05-2023]
a.
A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following the receipt of the notice referenced in subsection 12-8.6a, 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 referenced in Subsection 12-8.6a.
b.
An out-of-state creditor subject to this section that is found by
the Municipal Court of the Borough, or by any other court of competent
jurisdiction, to be in violation of the requirement to appoint an
in-State representative or agent pursuant to this section shall be
subject to a fine of $2,500 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 N.J.S.A. 46:10B-51 and/or N.J.S.A. 40:48-2.12s2 for providing notice
to the Borough Clerk that a summons and complaint in an action to
foreclose on a mortgage has been filed, and shall continue accruing
until such proper registration is filed with the Borough.
c.
A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a property pursuant to subsection 12-8.3 shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this subsection 12-8.8c shall commence on the day after the ten-day period set forth in subsection 12-8.3 to register such property, and shall continue accruing until such proper registration is filed with the Borough.
d.
No less than 20% of any money collected by the Borough pursuant to
this section shall be utilized by the Borough for municipal code enforcement
purposes.
[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.
[Added 8-11-2020 by Ord.
No. 07-2020]
"Portable storage container" refers to any portable temporary
storage container, pod, trailer, storage unit, or portable structure;
with or without axles or wheels; without a foundation; designed and
used for storage.
[Added 8-11-2020 by Ord.
No. 07-2020]
A portable storage container may only be placed on an existing
off-street driveway or parking area, at a location furthest from the
street as practicable. The portable storage container may not be placed
in a front yard or side yard, except on a driveway, or if necessary,
on the public right-of-way in the discretion of the Code Enforcement
Officer. The portable storage container must be in good repair and
must be kept debris-free and weed-free around its perimeter. In the
event that a property's driveway or parking area does not accommodate
a portable storage container, the Code Enforcement Officer may approve
a location contiguous to the driveway or parking area or another location
as far from the street as practicable, or if necessary, on the public
right-of-way.
[Added 8-11-2020 by Ord.
No. 07-2020]
No portable storage container may exceed a maximum height of
10 feet or maximum width of eight feet or maximum length of 20 feet.
[Added 8-11-2020 by Ord.
No. 07-2020]
To place a portable storage container within the Borough, an
application form must be completed before the portable storage container
can be placed. A fee of $25 must be paid, with an additional $25 due
if the permit is renewed for an additional 30 days. For portable storage
containers used in conjunction with active construction, the fee is
$25 for the six-month term, with an additional $25 paid for a one-month
extension.
[Added 8-11-2020 by Ord.
No. 07-2020]
Once the application for a permit is filed and the fee is paid,
the portable storage container may be placed for up to 30 days. The
permit for placement of a portable storage container can be renewed
for an additional 30 days with the approval of the Code Enforcement
Officer. Portable storage containers used in conjunction with active
construction may be placed for up to six months, with possible renewal
of one additional month upon approval of the Code Enforcement Officer.
[Added 8-11-2020 by Ord.
No. 07-2020]
[Added 4-20-2021 by Ord.
No. 04-2021]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of invasive plants and
to protect indigenous plants and the wildlife they support from the
spread of invasive plants from any neighboring property line.
[Added 4-20-2021 by Ord.
No. 04-2021]
As used in this section, the following terms shall have the
meanings indicated:
The Borough of Allentown, County of Monmouth, State of New
Jersey.
A distance of at least five feet from any lane, street or
road, whether public or private, or from any neighboring property,
whichever is more restrictive for the property owner.
Vegetation which, by its nature, grows beyond the property
of its owner, and causes a neighboring property owner potential hardship
due to the vegetation being overly competitive, poisonous, allergenic,
illegal by State statute, or hazardous to the neighboring property's
structures and facilities is deemed to be "invasive" for the purposes
of this section. This section only covers spread by vegetative growth
and does not cover the spreading of invasive plants by seed. The most
widespread examples of invasive plants in our area are:
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Japanese Knotweed (Polygonum caspidatum, Fallopia
japonica & Reynoutria japonica)
|
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Multifora Rose (Rosa multiflora)
|
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Japanese Barberry (Berberis thunbergii)
|
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English Ivy (Hedera helix)
|
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Purple Loosestrife (Lythrum salicaria)
|
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Canadian Thistle (Cirsium arvense)
|
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Porcelain Berry (Ampelopsis brevipedunculata)
|
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Mile-a-minute (Persicaria perfoliata)
|
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Kudzu (Pueraria montana)
|
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Tree of Heaven (Ailanthus altissima)
|
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Running Bamboo
|
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Wisteria (Wisteria sinensis & Wisteria floribunda,
but not native Wisteria frutescens)
|
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The application of this section is not restricted by the examples
listed above but applies to all vegetation defined as invasive plants.
|
Any property owner(s) or tenant(s) who, or which, have invasive
plants in the buffer zone of their property, even if the invasive
plant has spread onto their property from an adjoining property.
Any monopodial (running) woody grass from the genera of bamboos
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
[Added 4-20-2021 by Ord.
No. 04-2021]
a.
All property owner(s) must control the growth of invasive plants
on their property, even if it originated from a neighboring property.
Failure to control significant spread of such vegetation within any
buffer zone of any property is a violation of this section. Spread
is significant when the invasive plants grow into the buffer zone
of the property owner(s) yard, or take over or undermine a neighbor's
fencing, building, driveway, plants or other landscaping.
b.
Property owner(s) shall take all necessary measures to ensure that
any running bamboo on their property does not exist within any buffer
zone. If running bamboo is to remain outside the buffer zone, a root
barrier placed no less than five feet from the property line to prevent
any growth of running bamboo within the buffer zone is required. The
barrier itself shall be composed of a high density polyethylene (HDPE)
with a minimum thickness of 60 mil (or 1/16 of an inch) or equivalent
material. The barrier shall be a minimum of 30 inches deep, with 2-3
inches of the barrier protruding above ground level around the entire
perimeter of the bamboo. When installed, the barrier shall slant outward
from the bottom to top. Each portion of the barrier shall be joined
together by the use of sufficient composite, plastic, or stainless
steel strips or clamps.
c.
This section shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of invasive plants on their own property from another property
owner(s) from whose property the invasive plants have spread.
[Added 4-20-2021 by Ord.
No. 04-2021]
All places and premises in the Borough may be subject to inspection
by the Code Enforcement Officer or their designee, however, an inspection
may only be made if a neighboring property owner files a complaint
alleging that any provision of this section has been violated.
[Added 4-20-2021 by Ord.
No. 04-2021]
a.
Whenever invasive plants are found growing in the buffer zone on
any plot of land, lot or any other premises or place in contravention
of the provisions of this section, a notice shall be given to the
property owner(s), providing 90 days to remove or abate the same.
b.
The cost of the removal and/or abatement shall be borne by the property
owner(s).
c.
If the property owner(s) fails to comply with such notice, the Borough
may remove or otherwise control the invasive plants and the Borough
may thereafter recover the cost of such removal from the property
owner(s) and place a lien on the property to recover the cost of the
removal according to law.
