Any person ("the petitioner") affected by a decision of the
Code Official or a notice or order issued under this code shall have
the right to appeal to the Borough Council within 15 days after the
day the decision, notice, or order was served. For purposes of this
section, a decision, notice or order is "served" upon delivery, in
the case of personal delivery, or posting on the structure affected
by such notice and, in the case of mailing, five days after deposit
in the U.S. Mail with first-class postage prepaid. The Code Official
shall transmit the appeal to Borough Council within three business
days of its filing. A person is "affected" for the purpose of an appeal
pursuant to this section when the person has a material or definitive
interest in the decision, notice, or order of the Code Official. An
appeal shall be based on a claim that the true intent of this code,
or the rules legally adopted thereunder, have been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements
of this code are adequately satisfied by other means. Appeal must
be in writing and include a statement of the proposal, together with
any and all documentation which would aid the Board in its deliberations.
The Borough Council shall hear appeal at the next occurring
meeting, unless less than five days of the filing of an appeal. The
Borough shall give written notice of the meeting date and time to
the petitioner. Notice shall be given of the time, place, and purpose
of the public hearing by posting on the premises which is the subject
of the hearing a notification of the same, not less than three days
before the hearing to which it refers.
Council decisions shall be in writing and issued within two
business days after the close of the hearing. In reaching its decision,
the Council may consider whether the decision, notice, or order appealed
from was based upon a correct interpretation of this code, on the
rules legally adopted thereunder, whether the provisions of the Code
do not fully apply, or whether the requirements of this code are adequately
satisfied by other means. The petitioner shall establish by a clear
preponderance of the evidence that his proposal is equivalent or superior
to the adopted code requirement. The decision shall state that the
decision is a final administrative decision which may be appealed
to the Superior Court within 45 days of delivery of the decision.
Failure to secure the concurring votes of a majority of Council members
present where a quorum has been obtained shall be deemed a confirmation
of the original decision.
The appeal shall stay the decision, notice, or order appealed
from, unless the Code Official certifies to the Borough after the
appeal has been filed that a stay would in the Code Official's
opinion cause imminent peril to life or property. In such case, the
suspension or revocation shall not be stayed unless a restraining
order is issued by a court of competent jurisdiction, and then only
if due cause can be conclusively shown.