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.