[Amended 8-1-2005 by Ord.
No. 1195, approved 8-1-2005; 11-1-2016 by Ord. No.
1331, approved 11-1-2016]
For purposes of this chapter, all chapters to which this chapter
applies, and any reference to the Code Hearing Board within the Code,
the Council of the Borough of Middletown shall act as the Code Hearing
Board and be the appellate body.
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 chapter or of those other applicable codes and ordinances.
B.
Variances. The Code Hearing Board may grant a variance from the strict
application of this chapter 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.
Decide 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.
A.
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 chapter 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 10 days of the
action or of the receipt of written notice of any decision or ruling
which is being appealed.
B.
The fee for an appeal to the Borough Council of the Borough of Middletown
or for a request for variance or similar relief, such as a special
exception, shall be established, from time to time, by resolution
of the Borough Council and shall be in keeping with the policies and
procedures established by the Borough Council. The fees shall be collected
by the Code Enforcement Office at the time of the filing of the appeal
or at the request for a variance or a special exception. The fee shall
be used in each case by the Code Enforcement Office to cover stenographic
services and compensation to personnel required to attend hearings
on behalf of the Code Enforcement Office and to help defray the other
necessary and legal expenses of the Borough Council pertaining to
the appeal. No appeal shall be considered complete and in compliance
with the filing requirements unless and until the fee is paid in full.
[Added 6-13-1977 by Ord.
No. 706, approved 6-13-1977; amended 4-17-1978 by Ord. No. 726, approved 4-17-1978; 4-5-1993 by Ord. No.
1039, approved 4-5-1993; 8-1-2005 by Ord. No.
1195, approved 8-1-2005]
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 reasons 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.
C.
The Borough Council of the Borough of Middletown may, from time to
time, adopt policies and procedures necessary for the proper administration
of the code appeal and code variance process.
[Added 8-1-2005 by Ord.
No. 1195, approved 8-1-2005]
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.
[1]
Editor's Note: Former § 127-21, Reports by
Code Hearing Board, was repealed 11-1-2016 by Ord. No. 1331, approved
11-1-2016.
