§ 103.1. General. The official in charge of enforcing
this Part shall be known as the Code Official. The Code Official may
be an individual or a corporation or other organization providing
Property Maintenance Code enforcement services.
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§ 103.5. Fees. Fees shall be as set forth in the Ben
Avon Borough Fee Schedule as adopted by the Borough Council from time
to time by resolution.
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§ 106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this Code shall, upon conviction
thereof, be subject to a fine of not more than $1,000. Each day that
a violation continues shall constitute a separate offense.
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§ 111. Means of Appeal.
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§ 111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this Code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Borough
of Ben Avon Council, which Council shall have jurisdiction to hear
and rule on appeals filed hereunder. The Council may determine whether
the full Council, or any number of Council members, or any designated
hearing officer, will hear and rule on the appeal. Such appeal shall
be filed in writing, shall state the grounds for appeal, be accompanied
by the required appeal fee of $50 or such other fee as is set under
the Borough of Ben Avon fee schedule by resolution, and shall be processed
and heard in accordance with the Local Agency Law. All advertising
and court reporter costs resulting from the appeal will be paid by
the appellant prior to commencement of the appeal hearing.
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§ 111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this Code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this Code do not apply, that the requirements
of this Code are satisfied by other means or that the strict application
of the Code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the Code would prevent the property owner or occupant from making
reasonable use of the property.
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§ 111.3. The Board may consider the following factors
in deciding a claim of hardship:
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§ 111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property.
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§ 111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property.
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§ 111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property.
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§ 111.3.4. Whether enforcement of the Code would result
in a taking without compensation.
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§ 111.3.5. The length of time any violations have
existed.
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§ 111.3.6. Degree of mitigation attempted.
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§ 111.3.7. Number and severity of violations at the
property.
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§ 111.3.8. Visibility of violations from the street
and neighboring properties.
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§ 111.3.9. Existence of similar conditions at neighboring
properties.
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§ 111.3.10. Danger presented by the violations to
children or the sick or elderly.
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§ 111.4. The Board of Appeals shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to §§ 111.1,
111.2 and 111.3.
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§ 111.5. The appeals board shall decide appeals based
on the vote of a majority of a quorum of the board.
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§ 112.4. Failure to Comply. Any person who shall continue
any work after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not more than $1,000.
Each day that a violation continues shall constitute a separate offense.
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§ 302.10, Prohibited Furniture. Furniture which would
be adversely affected by the elements and are susceptible to infestation
by insects, rats or other vermin is prohibited from being placed or
stored on exterior property. Such prohibited furniture shall include,
but is not limited to, upholstered couches and couches, davenports,
beds, sofas and any other interior-type fabric-covered articles not
designed or intended for use in an exterior area.
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§ 308.2, Disposal of Rubbish. Both the owner and occupant
of a structure shall be responsible for the disposal of all rubbish
in a clean and sanitary manner by placing such rubbish in approved
containers.
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§ 308.3, Disposal of Garbage. Both the owner and occupant
of a structure shall be responsible for the disposal of garbage in
a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
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