Section 111, Means of Appeal. Delete Section 111, Means of Appeal,
in its entirety and replace it with the following:
111.1, Application for Appeal. Any person aggrieved by a decision
of the Code Official, Deputy Code Official, or a notice or order issued
under this Code shall have the right to appeal, within 20 days after
the date of the decision, notice or order appealed from, to the Building,
Fire and Property Maintenance Codes Appeals Board for the Township
of North Fayette (hereafter referred to as the "Codes Appeals Board"),
which shall have jurisdiction to hear and rule on appeals filed hereunder.
Such appeal shall be filed in writing, shall state the grounds for
appeal and be accompanied by the required appeal fee as may be set
hereafter by Resolution under the Township of North Fayette Fee Schedule
as adopted or modified from time to time and shall be processed and
heard in accordance with the procedural requirements of the Codes
Appeals Board.
111.2, All appeals under the Property Maintenance Code must
be based on a claim that the true intent of this Code or the rules
legally adopted thereunder have been incorrectly interpreted, that
the provisions of this Code do not apply, that the requirements of
this Code are satisfied by other means or that the strict application
of the Code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the Code would prevent the property owner or occupant from making
reasonable use of the property.
111.3, The Board may consider the following factors in deciding
a claim of hardship:
111.3.1 Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property;
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111.3.2 Whether the owner or occupant has a history
of investment or improvement at the property;
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111.3.3 Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property;
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111.3.4 Whether enforcement of the Code would result
in a taking without compensation;
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111.3.5 The length of time any violations have existed;
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111.3.6 Degree of mitigation attempted;
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111.3.7 Number and severity of violations at the
property;
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111.3.8 Visibility of violations from the street
and neighboring properties;
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111.3.9 Existence of similar conditions at neighboring
properties;
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111.3.10 Danger presented by the violations to children,
sick or elderly.
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111.4 The Codes Appeals Board shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to Sections 111.1, 111.2
and 111.3.
111.5 Stays of Enforcement. Appeals of notices and orders of
the Code Official or Deputy Code Official (other than Imminent Danger
notices) shall stay the enforcement of the notice and order until
the appeal is heard by the Codes Appeals Board.
111.6 Codes Appeals Board Hearing and Decision. A hearing shall
be held before the Codes Appeals Board, within 30 days of the appeal,
to determine the propriety of the decision, notice or order in accordance
with the criteria set forth in Section 111.A. The Codes Appeals Board
shall render a Decision in the matter within 45 days of the close
of the hearing. The written Decision shall be served upon appellant
by U.S. Mail, First Class, mailed within five business days of the
date of the Decision.
111.7 Administration of Codes Appeals Board's Decision.
The Code Official and/or Deputy Code Official shall take immediate
action in accordance with the Decision of the Codes Appeals Board.
111.8 Court Review. Any property owner or other person aggrieved
by a Decision of the Codes Appeals Board shall have the right to apply
to the appropriate court for a petition for a writ of certiorari to
correct errors of law. Applications for review shall be made in the
manner and within such time required by law following the Date of
the Notice of Decision.