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; |
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, sick or elderly. |
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.