There is hereby established a Code Hearing Board under 35 P.S. § 102.101 et seq., appointed by the Council of the municipality, consisting of not less than three members nor more than five members who shall serve without compensation but who may be reimbursed for necessary and reasonable expenses. Their terms of office shall be for three years, except that, for those first appointed, the terms shall be so fixed that the term of office of at least one member shall expire each year. Appointments to fill vacancies shall be only for the unexpired portion of the term. The Code Hearing Board shall be comprised as authorized by Pennsylvania Borough Code Chapter
34, § 403.121. Sections of the adopted codes shall be modified from the Board of Appeals to the Code Hearing Board.
The Code Hearing Board shall have the following powers and duties:
A. Interpretation. On appeal from a determination of the Code Enforcement
Officer or on request of any municipal official, the Code Hearing
Board shall decide any questions involving the interpretation of any
provision of this Part 1 or of those other applicable codes and ordinances.
B. Variances. The Code Hearing Board may grant a variance from the strict
application of this Part 1 or of those other applicable codes. Such
variances may be granted only in those cases which would result in
practical difficulty or unnecessary hardship and where the public
health and safety shall not be jeopardized.
C. Deciding appeals. The Code Hearing Board shall hear all appeals made
to it and, depending on its findings, shall decide whether such appeals
shall be granted.
Any person requesting a variance or aggrieved by a decision
of the Code Enforcement Officer or by any other employee or official
charged with the administration and enforcement of this Part 1 and
of those other applicable codes or ordinances may take an appeal to
the Code Hearing Board. All appeals shall be made in writing, stating
the grounds upon which the appeal is based, and shall be transmitted
to the Office of Code Enforcement. An appeal must be taken within
30 days of the action or of the receipt of written notice of any decision
or ruling which is being appealed.
The Code Hearing Board of Appeals shall follow the procedures
set forth Chapter 35 Pa. Code, § 102.101 et seq., including:
A. Public hearing. The Code Hearing Board shall meet and conduct a hearing
within 30 days of the receipt of an appeal or a request for a variance.
All hearings shall be public and all persons whose interest may be
affected shall be given an opportunity to be heard. A record shall
be kept of all evidence and testimony presented at the hearing.
B. Decision of the Board. All decisions of the Board shall be in writing,
and a copy of each decision shall be sent to the applicant and to
the Code Enforcement Officer. The Code Hearing Board shall also retain
in its files a copy of each decision, which files shall be available
for inspection by the public. Each decision shall set forth fully
the reason for the decision of the Code Hearing Board and the findings
of fact on which the decision was based. The Code Hearing Board shall
make an order on its decision, and the Code Enforcement Officer shall
take immediate action to carry out said order.
Any person or persons aggrieved by any final order or decision
of the Code Hearing Board may appeal such order or decision, within
30 days, to the Court of Common Pleas in accordance with, as far as
practicable, the Rules of Civil Procedure of the Supreme Court regarding
appeals from administrative agencies.
The Code Hearing Board shall report to the Council of the municipality
periodically, at intervals of not less than 12 months. The report
shall summarize all applications and appeals made to it since the
last report and shall contain a summary of the Board's decision
on each case. A copy of the report shall be filed with the Code Enforcement
Officer. The Code Hearing Board may also submit to the Council of
the municipality advisory reports recommending changes and modifications
in this Part 1 or in those other applicable codes or ordinances.