[HISTORY: Adopted by the Borough Council of the Borough of Clearfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-2011 by Ord. No. 1318]
Lawrence Township, the Borough of Clearfield, and the Borough of Curwensville have agreed to enforce and administer their Property Maintenance Codes for the Township and Boroughs and agree to utilize the Board of Appeals currently established by Lawrence Township and Clearfield Borough for enforcing and administering the Uniform Construction Code. The Board of Appeals shall adhere to the following.
The Board of Appeals shall hear and rule on appeals. An application for appeal shall be based upon a claim that the true intent of the code or rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or the requirements of the code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
The Board of Appeals shall consist of the same members and upon the same terms as the current Board of Appeals for the Uniform Construction Code created by Lawrence Township and Clearfield Borough.
A. 
Any owner or owner's agent may appeal a decision of the code official or notice or order issued under the code by filing a petition with the building code official or other person designated by the Board of Appeals on an acceptable form.
B. 
The postmark date or the date of personal service will establish the filing date of the appeal.
C. 
An appeal to the Board of Appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action relating to imminent danger notices may not be stayed.
D. 
The Board of Appeals shall decide an appeal by reviewing the documents and written brief or argument unless the owner or owner's agent requests a hearing.
E. 
The Board of Appeals shall hold a hearing within 60 days from the date of the applicant's request unless the applicant agrees in writing to an extension of time.
F. 
The Board of Appeals shall only consider the following factors when deciding an appeal under the code:
(1) 
The true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted.
(2) 
The provisions of the code do not fully apply.
(3) 
The requirements of the code are adequately satisfied by other means.
(4) 
The strict application of any requirement of the code would cause an undue hardship.
G. 
If the owner or owner's agent requests a hearing, the Board of Appeals shall schedule a hearing and notify the owner or owner's agent and building code official of the date, time and place of the hearing.
H. 
The Board of Appeals shall provide a written notice of its decision to the owner and the building code official.
The Township and the Boroughs shall set forth a fee schedule for hearings and related appeals. The fee schedule may be reviewed from time to time to determine reasonable rates for hearing costs.
[Adopted 4-18-2013 by Ord. No. 1330]
A certain document, three copies of which are on file in the office of the Borough Secretary of Clearfield Borough, Clearfield County, Pennsylvania, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Clearfield Borough, Clearfield County, Commonwealth of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough Secretary of Clearfield Borough are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 389-7 of this article.
The following sections are hereby revised:
A. 
Section 101.1. Insert: Clearfield Borough, Clearfield County, Pennsylvania.
B. 
Section 103.5. Insert: That fee schedule as may from time to time be adopted by Clearfield Borough Council and which is in effect at the time of the request for activities or services performed under this article.
C. 
Section 112.4. Insert: Fine of not less than $100 or more than $500.
D. 
Section 302.4 Insert: six inches in height.
E. 
Section 304.14. Insert: May 1st to September 1st.
F. 
Section 602.3. Insert: September 1st to May 1st.
G. 
Section 602.4. Insert: September 1st to May 1st.
H. 
Section 606 Delete: Section 606 in its entirety.
Any and all ordinances and all parts of ordinances in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Clearfield Borough Council hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 389-9 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
The Borough Secretary of Clearfield Borough Council is hereby ordered and directed to cause this article to be entered in the official Borough Ordinance Book.
This article and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby are deemed to be necessary in order to assure public safety and well being of the citizens of Clearfield Borough and shall take effect and be in full force and effect immediately from and after the date and time of its final passage and adoption.