[Adopted 5-4-2004 by Ord.
No. 586]
A.
Creation. The governing body (Tamaqua Borough Council) hereby creates
an International Property Maintenance Code Appeals Board, herein referred
to as the Board, consisting of residents of the municipality appointed
by the governing body, which shall perform all the duties and have
all the powers prescribed as herein provided.
B.
Appointment. The governing body shall appoint members of the Board.
The Board shall consist of five members. There shall be no term limit
for members of the Board. Members shall be residents of the Borough.
C.
Removal. Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by vote of a majority
of the governing Body which appointed the member, taken after the
member has received 15 days' advance notice of the intent to take
such a vote. A hearing shall be held, if the Board member requests
one in writing.
D.
Vacancies. Vacancies shall be filled by appointment by the governing
body.
E.
Compensation. The members of the Board may receive such compensation
as shall be fixed by the governing body, but in no case shall it exceed
the rate of compensation authorized to be paid to the members of the
governing body.
F.
Organization. The Board may promulgate such rules or procedure, not
inconsistent with this article and the Property Maintenance Code (Ordinance
Number 582),[1] as it may deem necessary to the proper performance of
its duties and to the proper exercise of its powers. Such rules shall
be continued in force and effect, until amended or appealed by the
Board.
G.
Meetings. Meetings of the Board shall be held at the call of the
Chairman and at such other times as the Board may determine. The Chairman
or, in his absence, the acting Chairman may administer oaths and compel
the attendance of witnesses. All meetings of the Board shall be open
to the public.
H.
Minutes and records. The Board shall keep full public record of its
proceedings showing the vote of each member upon each question or
if absent or failing to vote indicating such fact. The Board shall
keep the records of its examinations and other official action, all
of which shall be immediately filed with the Secretary of the governing
body, and shall be a public record. The Board shall submit an annual
report to the governing body.
I.
Hearings. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 15-11 of this article.
The International Property Maintenance Code Appeals Board shall
have the following powers:
A.
Jurisdiction. The International Property Maintenance Code Appeals
Board shall have exclusive jurisdiction to hear and render final adjudications
in the following matters:
(1)
Substantive challenges to the validity of the International Property
Maintenance Code Ordinance.
(2)
Appeals from the Code Enforcement Officer's determination related
to the International Property Maintenance Code.
(3)
Nothing contained herein shall be construed to deny the appellant
the right to proceed directly to court, where appropriate, pursuant
to Rules 1091 through 1098 of the Pennsylvania Code Rules of Civil
Procedure relating to mandamus.
The Board shall act in strict accordance with the procedure
specified by this article. All appeals and applications made to the
Board shall be in writing, on forms prescribed by the Board. Every
appeal or application shall refer to the specific provision of the
ordinance involved and shall exactly set forth the interpretation
that is claimed, the grounds for any challenges to validity of the
ordinance, the use for which a special permit is sought, or the details
of the variance that is applied for and the grounds on which it is
claimed that the variance should be granted, as the case may be.
A.
Appeals.
(1)
Application for appeal. Any person directly affected by a decision
of the Code Enforcement Official or a notice or order issued under
this code shall have the right to appeal to the Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An 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,
or that the strict application of any requirement of this code would
cause an undue hardship.
(2)
Appeals to the Board may be taken by any person or governing body
official aggrieved or affected by any provision of this article or
by any decision of the Code Enforcement Officer. Such appeals shall
be taken within a reasonable time as provided by the rules of the
Board by filing with the Code Enforcement Officer and with the Board
a notice of appeal specifying the grounds thereof. The Code Enforcement
Officer shall forthwith transmit to the Board all papers constituting
the record upon which the action appealed from was taken.
(3)
Applications for appeal shall be submitted to the Borough Secretary.
B.
Hearings and notice of hearings.
(1)
The Property Maintenance Appeals Board shall fix a reasonable time
for the hearing of the appeal, give public notice thereof, as well
as notice to the applicant, the Code Enforcement Officer, other parties
in interest, and other person(s) entitled to notice by law; and the
International Property Maintenance Code Appeals Board shall decide
the same within 45 days after the hearing, or if said hearing is continued
within 45 days after said continued hearing. The reasons for its decision
or in support of its findings shall be given, in writing, to all parties
concerned who are entitled to receive same by law. If the International
Property Maintenance Code Appeals Board does not make a decision within
45 days after the hearing or continued hearing, it shall be deemed
that such Board had decided in favor of the person who is seeking
relief. At the hearing, any party may appear in person, by agent,
or by attorney.
(2)
The hearing shall be conducted by the Board or by a member of the
Board appointed as hearing officer. The decision or findings shall
be made by the Board unless the parties waive such procedure, and
accept decision or findings of the hearing officer as final.
(3)
The Chairman or designee of the Board or Hearing Officer shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
(4)
The Board or Hearing Officer shall not communicate with any party
or his representative in connection with any issue involved except
upon notice and opportunity for all parties to participate, and shall
not take notice of communications or inspect the site unless all parties
are given an opportunity to be present.
(5)
A copy of the final decision or where no decision is called for,
of the findings shall be mailed to the applicant by registered mail
on the day following its date. To all other persons who have filed
their name and address with the Board prior to the hearing, the Board
shall provide by mail a brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
A.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Code Enforcement Officer certifies to the
International Property Maintenance Code Appeals Board facts indicating
that such a stay would, in his opinion, cause imminent peril to life
and property, in which case, proceedings shall not be stayed otherwise
than by a restraining order, which may be granted by the International
Property Maintenance Code Appeals Board or by a court of record on
petition, after notice to the Code Enforcement Officer and due cause
shown.
B.
Any person, taxpayer, or the governing body aggrieved by any decision
of the Board may within 30 days after such decision by the Board seek
review by the Court of Common Pleas of such decision in the manner
provided by the laws of the Commonwealth of Pennsylvania and the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
