SECTION 111
APPEALS
| |
---|---|
111.1 Appeals. Any person affected by a decision
of the Code Official or of a notice or order issued under this code
shall have the right to appeal to the Police Committee of Borough
Council, provided that a written application for appeal is filed within
10 days after the day the decision, notice or order was served. Any
application for 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.
No application shall be complete without the payment of the fee established
by Council by ordinance or resolution. In cases where there are more
than 40 pages of transcript, the appellant will be billed for the
costs thereof. The appellant or his representative shall have the
right to appear and be heard, if such right is requested in the written
appeal. The Police Committee of Borough Council shall make a prompt
decision on such appeal. In making a decision, the Police Committee
of Borough Council may vary or modify any provision of this code where
there are practical difficulties in the way of executing the strict
letter of the law so that the spirit of the law shall be observed,
public safety secured, and substantial justice done. Such variation
or modification shall be the minimum necessary in order to grant relief.
The Police Committee of Borough Council shall render a written decision,
copies of which shall be provided to the Code Official and the appellant.
|
BLIGHTED PROPERTY/PUBLIC NUISANCE.
| ||
1.
|
Any premises which because of physical condition or use is regarded
as a public nuisance and has been declared a public nuisance in accordance
with the local housing, building, plumbing, fire and related codes.
| |
2.
|
Any premises which because of physical condition, use or occupancy
is considered an attractive nuisance to children, including but not
limited to abandoned wells, shafts, basement, excavations, and unsafe
fences or structures.
| |
3.
|
Any dwelling which because it is dilapidated, unsanitary, unsafe,
insect- or vermin-infested or lacking in the facilities and equipment
required by this code, and has been designated by the Sanitation Officer
as unfit for human habitation or occupancy.
| |
4.
|
Any structure which is a fire hazard, or is otherwise dangerous
to the safety of person or property.
| |
5.
|
Any structure from which the utility, plumbing, heating, sewage
or other facilities have been disconnected, destroyed, removed, or
rendered ineffective so that the property is unfit for its intended
use.
| |
6.
|
Any vacant or unimproved lot or parcel of ground in a predominately
built-up neighborhood, which by reason of neglect or lack of maintenance,
has become a place for the accumulation of trash and debris, or a
haven for rodents and other vermin.
| |
7.
|
Any unoccupied property which has been tax delinquent for a
period of two years prior to the effective date of this chapter, and
those in the future having a two-year tax delinquency.
| |
8.
|
Any property which is vacant but is not tax delinquent, which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the Borough.
| |
BOARDINGHOUSE. A building, or part therein, other
than a hotel, motel or rooming house, where meals, linen service,
and/or lodging are provided for compensation, whether direct or indirect.
| ||
BOROUGH COUNCIL. The Borough Council of the Borough
of Palmyra, Lebanon County, Pennsylvania.
| ||
POLICE DEPARTMENT. The Palmyra Borough Police Department.
| ||
POLICE OFFICER. A member of the Police Department.
| ||
ROOMING HOUSE. A building, or part therein, other
than a hotel, motel or boardinghouse, in which sleeping rooms are
available for hire as lodging, but without meals or linen service.
| ||
SANITATION OFFICER. The person duly appointed by
the Borough to enforce ordinances relating to public health.
|