[HISTORY: Adopted by the Municipal Council of the Municipality
of Norristown 11-21-2006; amended in its entirety 6-3-2014 by Ord. No 14-07. Subsequent amendments
noted where applicable.]
A.
The
Norristown Municipal Council hereby establishes the Municipality of
Norristown Board of Code Appeals, which shall consist of three members
who are qualified by experience and training to pass on matters pertaining
to building construction, property maintenance, hazards of fire, explosions,
hazardous and dangerous conditions and fire protection systems, and
who are not employees or elected officials of the Municipality nor
members of the Municipality's Code Administrators.
B.
The
members of the Board of Code Appeals shall be appointed by Municipal
Council and shall have staggered and overlapping terms of three years.
Members may be reappointed by Council following the expiration of
their terms.
C.
The
Municipal Council may appoint an alternate member, who may be called
upon by the Chairman of the Board to consider appeals during the absence
or disqualification of a member of the Board. Alternate members shall
possess the same qualifications required for Board membership.
D.
The
members of the Norristown Board of Code Appeals shall serve without
compensation but may be reimbursed for such expenses as may be related
to the performance of their duties.
E.
The
Board shall meet on at least an annual basis in January, and thereafter
as required, and shall elect a Chairman, Vice Chairman and Secretary
to serve for each year.
F.
The
members of the Norristown Board of Code Appeals shall serve at the
pleasure of the Municipal Council and may be removed at any time for
any reason or no reason by an affirmative vote of the majority of
the members of the Municipal Council.
A.
The
members of the Norristown Board of Code Appeals shall hear all appeals
arising from or relating to any matter arising out of the Municipality's
enforcement of the Pennsylvania Uniform Construction Code, the Norristown
Property Maintenance Code and the Norristown Fire Code, or any successor
editions, legally adopted by Norristown Municipal Council, except
appeals, requests for variances or requests for extensions of time
relating to accessibility under the Pennsylvania Construction Code
Act, 35 P.S. § 7210-101 et seq.
B.
The
Board members shall adopt and make available to the public, through
the Municipality, such procedures as the Board may deem necessary
or appropriate to conduct its hearings and business. The procedures
need not require compliance with the strict rules of evidence but
shall afford the Board an opportunity to consider any relevant information
received during a hearing before the Board. In the absence of adoption
or promulgation of such rules of procedure, the Board shall follow
the administrative procedures governing hearings before a zoning hearing
board as set forth under the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
The
Board shall meet upon notice from the Chairman and shall consider
such appeals as are scheduled to come before it. Notice of hearings
scheduled by the Board shall be given in accordance with the Pennsylvania
Sunshine Act, 65 Pa.C.S.A. § 701 et seq. Notwithstanding
any other term, condition or provision of this chapter, the Board
shall meet to consider the merits of any appeal within 30 days of
the filing of such an appeal application accompanied by the required
application fee.
D.
All
proceedings before the Board shall be subject to the provisions of
the Pennsylvania Sunshine Act, 65 Pa.C.S.A. § 701 et seq.,
and the Board shall maintain a stenographic record of the hearings.
The Board may continue any hearing for so long as the Board deems
it advisable to take evidence and receive information necessary for
the determination of an appeal.
E.
Upon
conclusion of the hearing, the Board shall, within five days, issue
a written decision regarding the outcome of the appeal. A majority
vote of the Board shall be required to modify or reverse the decision
of the Code Official. Copies of the decision shall be furnished to
the appellant and to the Code Official as well as any other party
granted standing before the Board at the hearing on the appeal.
F.
The
Municipal Council may, by resolution, establish a fee schedule for
the filing of appeals for such matters as pertain to the hearing of
appeals by the Municipality of Norristown Board of Code Appeals, which
fees may be amended from time to time by resolution of Council. The
fee shall not exceed the actual costs of publishing the hearing notice,
court reporter services and other necessary administrative services.
A hearing will not be scheduled until such time as the fee has been
paid to the Municipality of Norristown.
G.
Upon
final determination of any appeal, the appropriate Code Official shall
take immediate action in accordance with the decision of the Board.
In all other respects, the filing of an appeal to the Board (other
than imminent danger notices) shall act as a stay of enforcement proceedings
related to matters under the Board's review.
