[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.
[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]
CREDITOR
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.
PROPERTY IN FORCLOSURE
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.
VACANT AND ABANDONED PROPERTY
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:
a. 
Overgrown or neglected vegetation;
b. 
The accumulation of newspapers, circulars, flyers or mail on the property;
c. 
Disconnected gas, electric, or water utility services to the property;
d. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e. 
The accumulation of junk, litter, trash or debris on the property;
f. 
The absence of window treatments such as blinds, curtains or shutters;
g. 
The absence of furnishings and personal items;
h. 
Statements of neighbors, association management, delivery persons, or government employees indicating that the residence is vacant and abandoned;
i. 
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
j. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
k. 
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;
l. 
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;
m. 
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;
n. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
o. 
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.
c. 
The notice referenced in subsection 12-8.6a hereinabove shall require the creditor to correct the violation(s) within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
d. 
The issuance of a notice pursuant to subsection 12-8.6a hereinabove shall constitute proof that a property is vacant and abandoned for the purposes of this section.
[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]
This section shall be enforced by the Code Enforcement Officer. Any person(s) violating any of the provisions of § 12-11 shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[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:
BOROUGH
The Borough of Allentown, County of Monmouth, State of New Jersey.
BUFFER ZONE
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.
INVASIVE PLANTS
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:
Japanese Knotweed (Polygonum caspidatum, Fallopia japonica & Reynoutria japonica)
Multifora Rose (Rosa multiflora)
Japanese Barberry (Berberis thunbergii)
English Ivy (Hedera helix)
Purple Loosestrife (Lythrum salicaria)
Canadian Thistle (Cirsium arvense)
Porcelain Berry (Ampelopsis brevipedunculata)
Mile-a-minute (Persicaria perfoliata)
Kudzu (Pueraria montana)
Tree of Heaven (Ailanthus altissima)
Running Bamboo
Wisteria (Wisteria sinensis & Wisteria floribunda, but not native Wisteria frutescens)
The application of this section is not restricted by the examples listed above but applies to all vegetation defined as invasive plants.
PROPERTY OWNER(S)
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.
RUNNING BAMBOO
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.
[Added 4-20-2021 by Ord. No. 04-2021]
This section shall be enforced by the Code Enforcement Officer. In addition to the costs of abatement, any person(s) violating any of the provisions of § 12-12 shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Added 7-11-2023 by Ord. No. 11-2023]
The purpose of this Section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This Section establishes requirements for the storage of salt and other solid de-icing materials on privately-owned properties not owned or operated by the Borough of Allentown, so as to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
[Added 7-11-2023 by Ord. No. 11-2023]
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.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:
1. 
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
2. 
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
3. 
The structure shall be erected on an impermeable slab;
4. 
The structure cannot be open sided; and
5. 
The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
The point of entry into the storm sewer system.
[Added 7-11-2023 by Ord. No. 11-2023]
a. 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th, but no longer than 30 days without prior written approval from the Department:
1. 
Materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
2. 
Materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, and/or ditches or other stormwater conveyance channels;
3. 
Materials shall be formed in a cone-shaped storage pile;
4. 
All storage piles shall be covered as follows:
(a) 
The cover shall be waterproof, impermeable, and flexible;
(b) 
The cover shall extend to the base of the pile(s);
(c) 
The cover shall be free from holes or tears;
(d) 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind;
(e) 
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used.
5. 
The site shall be free of all de-icing materials between April 16th and October 14th.
b. 
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of solid deicing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 - April 15.
c. 
The property owner shall designate a person(s) responsible for operations at the site where these materials are stored, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met.
[Added 7-11-2023 by Ord. No. 11-2023]
This section shall not apply to facilities where the stormwater discharges from salt storage activities are regulated under another NJPDES permit.
[Added 7-11-2023 by Ord. No. 11-2023]
This section shall be enforced by the Allentown Police Department and/or the Borough's Code Enforcement Officer.
[Added 7-11-2023 by Ord. No. 11-2023]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for a first offense; $1,000 for a second offense; and $2,000 for a third or subsequent offense.