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Allentown City Zoning Code

§ 28-16.12

Enforcement.

[Added 4-20-2021 by Ord. No. 03-2021]
a. 
It shall be the duty of municipal officials reviewing permit applications involving designated historic sites and districts to determine whether any requested permit involves an activity that is required to obtain a certificate of appropriateness. If a certificate of appropriateness is required, the municipal official shall inform the Commission, the administrative officer for the Commission and the applicant and require the applicant to apply for a certificate of appropriateness.
b. 
If the Commission grants a certificate of appropriateness to the violator for the unauthorized work, then the violator shall no longer be deemed to be in violation of this section. If the Commission grants a certificate of appropriateness to the violator subject to certain conditions, then the violator shall be deemed to have cured the violation only upon its timely satisfaction of the said conditions in accordance with the requirements of the Commission. If the Commission denies a certificate of appropriateness to the violator for the unauthorized work, then the violation shall still exist and the violator shall be subject to appropriate enforcement action as prescribed by this section.
c. 
Injunctive Relief. In the event that any action, which would permanently and adversely change a historic site or historic district, such as demolition or removal, is about to occur without a certificate of appropriateness having been issued, the zoning officer may request approval from Borough Council to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of the historic site.