[HISTORY: Adopted by the Board of Supervisors of the Township of Carroll 8-6-2002 by Ord. No. 2002-3. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 112.
As used in this chapter, the following terms shall have the meanings indicated:
BOCA APPEALS BOARD, BOARD OF APPEALS and BOARD
The board designated in BOCA codes as adopted by the Township of Carroll for consideration of appeals and/or related matters, to be known as the "BOCA Appeals Board."
BOCA CODE
Any or all of the following, as adopted by the Township of Carroll, as now or hereafter amended:
A. 
The BOCA National Building Code; Thirteenth Edition, 1996;
B. 
The BOCA National Property Maintenance Code, Fifth Edition, 1996;
C. 
Any subsequent editions of said codes as hereafter adopted by the Township of Carroll and/or as replaced and/or amended by law; and
D. 
Any other codes published by the publishers of the codes and/or similar entities as now or hereafter adopted by the Township of Carroll and/or replaced and/or amended by law.
A. 
The owner of a building or structure or any other person with a material interest in the matter may appeal to the BOCA Appeals Board, also known as the "Board of Appeals," from notices of violations alleging violations of any provision of any BOCA code. Applications for appeal shall be based on a claim that the provisions of a BOCA code have been incorrectly interpreted; the provisions of such code do not fully apply; an equally good or better form of construction can be used, or other arguments which would warrant action different from that asserted or taken as set forth in a notice of violation. The appeal must be perfected, in writing, on the required form, no later than 30 calendar days following the date of service of such notice of violation.
B. 
All fees, costs and expenses shall be charged and borne by the applicant in accordance with a schedule fixed by resolution of the Township of Carroll for any appeal or proceedings filed with the Board of Appeals.
A. 
The Board of Appeals shall consist of three residents of the Township of Carroll, each of which is appointed by a majority of the Board of Supervisors of the Township of Carroll. The members need not possess any particular qualifications, designations or experience. The term of each member shall be three years or until a successor has been appointed. The terms of each member shall be fixed in such a manner that no more than one term shall expire each calendar year.
B. 
Chairman. One member of the Board, selected by a majority vote of the Board, or his or her designee, shall act as Chairman of the Board. The Chairman shall preside over all proceedings of the Board.
C. 
Secretary. One member of the Board, selected by a majority vote of the Board, or his or her designee, shall act as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the Township Secretary's office.
The Board of Appeals shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, take testimony under oath, and render decisions in writing, all as may be required by law. The Board of Appeals shall have the functions, power and duties specifically granted by law and by this chapter of the Code of the Township of Carroll.
The Board shall meet upon notice of the Chairman within 45 days of the filing of an appeal. Public notice of all meetings shall be given to the extent required by law. Periodic meetings will be held if warranted by the volume of work.
All hearings shall be public. The appellant, his or her representative, one or more representatives of the Township of Carroll, and any other person whose interest may be materially affected by the matter on appeal, shall be given an opportunity to be heard; however, the Board may prohibit repetitive testimony.
The attached form shall be utilized to perfect a notice of appeal to the BOCA Appeals Board and shall be completed in its entirety and signed by the appellant.[1]
[1]
Editor's Note: The form for notice of appeal is on file and available in the Township's office.