[Adopted 12-13-2005 by Ord. No. 468]
A.
The municipalities of the Montour County Council of
Governments, which participate in the UCC program, do hereby create
and establish the Montour County Board of Appeals, hereinafter referred
to as the "Appeals Board."
B.
The participating municipalities shall designate by
ordinance the Appeals Board as the body to hear appeals brought under:
(1)
The codes and standards promulgated in the most current
version of the Uniform Construction Code (Act 45 of 1999) of the Commonwealth
of Pennsylvania as amended by the participating municipalities, and
as subsequently adopted in Title 34 Pa. Code Chapters 401, 403 and
405.
(2)
The Rules and Regulations contained in Title 34 Code
Chapters 401 to 405, adopted by the Pennsylvania Department of Labor
and Industry.
(3)
The International Code Council Property Maintenance
Code as amended by the participating municipalities that have adopted
this code.
(4)
The International Code Council Fire Code as amended
by the participating municipalities that have adopted that code.
The Appeals Board is established to provide
a process for the resolution of code grievances derived from the decision
of the code official in order to insure the health, safety, and general
welfare for the citizens of the Montour County Council of Governments
Region.
A.
Any resident of the Montour COG Region having the qualifications according to Subsection E or F shall be eligible for appointment to the Appeals Board regardless of whether the resident's home municipality participates in the code administration program. The intent of the regional appeals board is to provide uniform interpretation of the codes and to recruit persons who are well qualified professionally, regardless of residence. Therefore, it is not expected that representation will necessarily reflect any sort of balance among the municipalities. A non-Montour County COG Region resident may fill a position on the Appeals Board when the Montour County COG cannot find a person within the county region who satisfies the requirements of Title 34, Chapter 403.121, C.1.
B.
The Montour County COG representatives shall recommend
to the Montour County COG appointments to the Appeals Board. The Montour
County COG shall consider the appointments and shall recommend a slate
of nominations to the participating municipalities for appointment
by the participating municipalities.
C.
The Appeals Board shall consist of five members with
two alternate members.
D.
Members of the participating municipalities' governing
board and their code officials may not serve on the Board of Appeals.
E.
The Board of Appeals shall consist of members who
are qualified by experience and training to pass on matters pertaining
to building construction and are not employees of the jurisdiction.
F.
Members of the Appeals Board shall serve for the period
as follows:
G.
The Appeals Board shall elect a Chairman and Vice
Chairman from the Board at the January organizational meeting of which
date and time is set by the COG.. The Appeals Board at the organizational
meeting shall establish meeting dates, times, and locations for the
year. The Chairman, or Vice Chairman, in the absence of the Chairman,
shall have the authority to call the Appeals Board into a special
session.
H.
The Director of the Montour County COG Code Administration
or the Director's designee shall be the Secretary to the Appeals Board.
I.
The Appeals Board shall only consider the following
factors when deciding an appeal under Title 34, Chapter 403.121, Rules
and Regulations — Board of Appeals:
J.
The Appeals Board may consider the following factors
when ruling upon a request for extension of time or the request for
variance:
(1)
The reasonableness of the Uniform Construction Code's
application in a particular case.
(2)
The extent to which the granting of a variance or
an extension of time will pose a violation of the Uniform Construction
Code or an unsafe condition.
(3)
The availability of professional or technical personnel
needed to come into compliance.
(4)
The availability of materials and equipment needed
to come into compliance.
(5)
The efforts being made to come into compliance as
quickly as possible.
(6)
Compensatory features that will provide a degree of
protection equivalent to the protection to the Uniform Construction
Code.
K.
If the owner or owner's agent requests a hearing,
the Appeals Board shall schedule a hearing and notify the owner or
owner's agent and the building code official of the date, time and
place of the hearing. The Appeals Board may:
A.
All appeals shall be legally advertised and conducted
according to the Pennsylvania State Sunshine Act (65 Pa.C.S.A. §§ 701
through 716), as amended. The Appeals Board shall adopt formal rules
for its proceedings.
B.
The appellant wishing to appeal the decision of the
Code Official shall do so within 30 calendar days upon receipt of
the written decision.
C.
The Appeals Board may request and obtain legal counsel
through the Montour County Council of Governments or the legal counsel
of the district where the appeal has been made.
D.
The appellant wishing to appeal the decision of the
Appeals Board shall do so 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.
E.
The Appeals Board shall also retain in its files a
copy of the decision, which files shall be available for inspection
by the public. Each decision shall set forth fully the reasons for
the decision of the Appeals Board and the finding of the facts on
which the decision was based. The Appeals Board shall make an order
on its decision and the Code Enforcement officer shall take immediate
action to carry out said order.
F.
The Appeals Board shall provide a written notice of
its decision to the owner and to the building code official.
A.
A participating municipality shall withdraw from the
Appeals Board if it withdraws from the Montour County COG in accordance
with the Articles of Agreement and the Montour County COG Articles
of Agreement.
B.
A participating municipality shall have the right
to withdraw from the Appeals Board and to establish its own by following
the COG Articles of Agreement for withdrawal. Withdrawal will not
affect membership in the Montour County COG.
Amendments to these Joint Articles of Agreement
may be recommended by the Code Administration Committee, by the Montour
County COG, or by the participating municipalities. Any amendment
or change to these articles shall be approved by the Montour County
COG General Forum, participating municipalities, and shall take effect
upon passage of appropriate municipal ordinances.
