There is hereby established a Code Hearing Board,
appointed by the Board of Commissioners consisting of not fewer than
three members nor more than five members who shall serve without compensation,
but may be reimbursed for necessary and reasonable expenses. Their
terms of office shall be for three years, except for those first appointed,
so fixed that the term of office of at least one member shall expire
each year. Appointments to fill vacancies shall be only for the unexpired
portion of the term.
The Code Hearing Board shall have the following
powers and duties.
A.
Interpretation. On appeal from a determination of
the Code Enforcement Officer or on request of any Township official,
the Code Hearing Board shall decide any questions involving the interpretation
of any provision of this chapter or of those other applicable codes
and ordinances.
B.
Variances. The Code Hearing Board may grant a variance
from the strict application of this chapter or of those other applicable
codes. Such variances may be granted only in those cases which would
result in practical difficulty or unnecessary hardship and where the
public health and safety shall not be jeopardized.
C.
Decide appeals. The Code Hearing Board shall hear
all appeals made to it and, depending on its findings, shall decide
whether such appeals shall be granted.
Any person requesting a variance or aggrieved
by a decision of the Code Enforcement Officer or by any other employee
or official charged with the administration and enforcement of this
chapter and of those applicable codes or ordinances may take an appeal
to the Code Hearing Board. All appeals shall be made in writing stating
the grounds upon which the appeal is based and shall be transmitted
to the Office of Code Enforcement. An appeal must be taken within
15 days of the action or of the receipt of written notice of any decision
or ruling which is being appealed.
A.
Public hearing. The Code Hearing Board shall meet
and conduct a hearing within 30 days of the receipt of an appeal or
a request for a variance. All hearings shall be public and all persons
whose interest may be affected shall be given an opportunity to be
heard. A record shall be kept of all evidence and testimony presented
at the hearing.
B.
Decision of the Board. All decisions of the Board
shall be in writing and a copy of each decision shall be sent to the
applicant and to the Code Enforcement Officer. The Code Hearing Board
shall also retain in its files a copy of each decision, which files
shall be available for inspection by the public. Each decision shall
set forth fully the reasons for the decision of the Code Hearing Board
and the findings of fact on which the decision was based. The Code
Hearing Board shall make an order on its decision and the Code Enforcement
Officer shall take immediate action to carry out said order.
Any person or persons aggrieved by any final
order or decision of the Code Hearing Board may appeal such order
or decision, within 30 days, to the Court of Common Pleas in accordance
with, as far as practicable, the Rules of Civil Procedure of the Supreme
Court regarding appeals from administrative agencies.
The Code Hearing Board shall report to the Commissioners
of the Township periodically, at intervals of not later than 12 months.
The report shall summarize all applications and appeals made to it
since the last report and shall contain a summary of the Board's decision
on each case. A copy of the report shall be filed with the Code Enforcement
Officer. The Code Hearing Board may also submit to the Commissioners
of the Township advisory reports recommending changes and modifications
in this chapter or in those other applicable codes or ordinances.
