There is hereby established a Code Hearing Board appointed by the Borough
Council of the municipality, consisting of no fewer than three members nor
more than five members, who shall serve without compensation but may be reimbursed
for necessary 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 municipal 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
and ordinances. 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 another employee or official charged with the administration
and enforcement of this chapter and of those other applicable codes or ordinances,
may take an appeal to the Code Hearing Board. All appeals must 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 45 days of the receipt of an appeal or a request
for a variance. All hearings shall be public, and persons whose interests
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 Burgess and Town Council
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 Burgess and Town Council advisory reports recommending
changes and modifications in this chapter or in those other applicable codes
or ordinances.
