This chapter shall be known as the "Property Maintenance Code
of the Township of Bethlehem," hereinafter referred to as "this code."
This code shall be constructed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as residents
are affected by avoiding the creation of nuisances and by insuring
safe and sanitary maintenance of land and improvements. Nothing in
this code shall be construed to cancel, modify or set side any provision
of the Township of Bethlehem Zoning Ordinance.
As indicated in this chapter, the following terms shall have
the meanings indicated:
ABANDONED PERSONAL PROPERTY
Wrecked or derelict property, which has been left abandoned
for more than three months and unprotected from the elements and shall
include wrecked, inoperative, or partially dismantled motor vehicles,
trailers, boats, machinery, refrigerators, washing machines, plumbing
fixtures, furniture, and any other similar article which has been
left abandoned and unprotected from the elements.
ABANDONED REAL PROPERTY
Any property that is vacant and is under a current notice
of default and/or notice of mortgagees sale by the lender or a pending
Tax Assessor's lien sale and/or properties that have been the
subject of a foreclosure sale where the title was retained by the
beneficiary of a mortgage involved in the foreclosure and any properties
transferred under a deed in lieu of foreclosure or sale.
All abandoned personal property and abandoned real property
is hereby declared to be a public nuisance, the abatement of which
pursuant to the police power is hereby declared to be necessary for
the health, welfare, and safety of the residents of the Township.
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 Township Committee, within 15 days after
the day of 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 United States mail with first-class postage prepaid. The Code
Official shall transmit the appeal to the Township Committee 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.
A. Hearing. The Township governing body shall hear the appeal at the
next available Committee meeting. The Township 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.
B. Governing body decisions. Council decisions shall be in writing and
issued within two weeks 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 clean 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.
C. Effect of appeal. 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.