[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:
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."
Any or all of the following, as adopted by the Township of
Carroll, as now or hereafter amended:
The BOCA National Building Code; Thirteenth Edition, 1996;
The BOCA National Property Maintenance Code, Fifth Edition,
1996;
Any subsequent editions of said codes as hereafter adopted by
the Township of Carroll and/or as replaced and/or amended by law;
and
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.
