Section 111, Means of Appeal. Delete Section 111, Means of Appeal
in its entirety and replace it with the following:
111. Means of Appeal.
111.1. Application for Appeal. Any person aggrieved
by a decision of the 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 Kilbuck
Township Board of Supervisors ("Board") which Board shall have jurisdiction
to hear and rule on appeals filed hereunder or to refer such appeals
to a hearing officer or hearing tribunal for hearing and/or decision.
Such appeal shall be filed in writing, shall state the grounds for
appeal, be accompanied by the required appeal fee, and shall be processed
and heard in accordance with the Local Agency Law.
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 following factors may be considered
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;
111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property;
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;
111.3.4. Whether enforcement of the Code would
result in a taking without compensation;
111.3.5. The length of time any violations have
existed;
111.3.6. Degree of mitigation attempted;
111.3.7. Number and severity of violations at the
property;
111.3.8. Visibility of violations from the street
and neighboring properties;
111.3.9. Existence of similar conditions at neighboring
properties;
111.3.10. Danger presented by the violations to
children or the sick or elderly.
111.4. The appeal body or officer 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.