[Ord. 571-96, 11/6/1996, § 1; as amended by Ord.
757-2009, 7/1/2009]
There is hereby created a Board of Appeals, which shall have the purpose and function of hearing all appeals taken pursuant to § 111 of the International Property Maintenance Code, 2006 edition [Chapter 5, Part 2]. The Board of Appeals hereby created shall consist of the Board of Commissioners of the Township of East Pennsboro. Three members shall constitute a quorum, and all decisions shall be by a majority vote of those members present.
[Ord. 571-96, 11/6/1996, § 2]
A member of the Board shall not participate in any hearings
or vote on any appeal in which he or she has a direct or indirect
financial interest, or is engaged as a contractor, or is engaged in
the preparation of plans and specifications, or in which he or she
has any personal interest.
[Ord. 571-96, 11/6/1996, § 2]
The members of the Board of Appeals shall receive no compensation,
unless permitted by law and established by resolution or ordinance,
whichever shall be deemed proper.
[Ord. 571-96, 11/6/1996, § 2; as amended by Ord.
757-2009, 7/1/2009]
All appeals filed pursuant to International Property Maintenance Code referenced in § 1-411, shall be filed within 30 days after written notice of the decision of the enforcement authority, officer or official designated in the International Property Maintenance Code from which the appeal is taken. The appeal shall be filed upon such forms as the Board of Commissioners shall prescribe, shall be filed in duplicate, and shall be filed with the Township Manager. One copy of the appeal shall be given by the Township Manager to the said enforcement authority, official or officer. The parties to the appeal shall be the person filing the appeal, the owner of the subject property, and the said enforcement authority, official or officer.
[Ord. 571-96, 11/6/1996, § 2]
The Township Manager shall give to all parties not less than
10 days' written notice of the hearing date.
[Ord. 571-96, 11/6/1996, § 2]
The Board of Appeals shall hold a public hearing within 30 days
after the appeal is filed. Unless a party requests a stenographically-recorded
hearing not less than five days before the hearing date, the testimony
shall be tape recorded. If a stenographically-recorded hearing is
requested, the party making the request shall pay the cost thereof.
All parties shall be given an opportunity to be heard, and reasonable
examination and cross-examination shall be permitted.
[Ord. 571-96, 11/6/1996, § 2]
The Board of Appeals shall not be bound by technical rules of
evidence, and all relevant evidence of reasonable probative value
may be permitted.
[Ord. 571-96, 11/6/1996, § 2]
The Board of Appeals shall in every case reach a decision within
30 days after the hearing, or if such hearing is continued, within
30 days after the continued hearing. Every decision shall be in writing
and shall contain findings and the reasons for the adjudication. Every
decision shall be filed in the office of the relevant enforcement
authority, official or officer, and shall be open to public inspection.
A certified copy of the decision shall be served upon all parties
or their counsel, personally, or by mail, not later than five days
following the date of the decision.
[Ord. 571-96, 11/6/1996, § 2]
Any person aggrieved by a final adjudication, and who has a
direct interest in such adjudication, shall have the right to appeal
therefrom. Such appeal, unless otherwise provided by statute authorizing
a particular appeal, shall be taken to the Court of Common Pleas of
Cumberland County, Pennsylvania, within 30 days of the adjudication
date.
