1. A Building Appeals Board is hereby established to hear and determine appeals filed under this Part. The Building Appeals Board shall consist of three members who shall be residents of the Borough of Dauphin. The Borough Council shall appoint the members of the Building Appeals Board, and may also appoint one alternate member for the Board. The term of office for the members and alternate member of the Building Appeals Board shall be 3 years, which terms shall run from January 1 to December 31, of the applicable years; except for the initial Building Appeals Board which shall have one of its regular members appointed for 1 year, one of its regular members appointed for 2 years, and one of its regular members appointed for 3 years. After the appointment of the initial members of the Building Appeals Board, the terms of all subsequent members of the Building Appeals Board shall be staggered so that each will end in a different year. If the Borough Council appoints an alternate member of the Board, such alternate member may act as a member of the Building Appeals Board only where a regular member of the Board is absent.
2. The Building Appeals Board may establish such rules and regulations to regulate the conduct of its hearings as it may deem appropriate. The Board shall elect from its members a Chairperson, Vice-Chairperson and Secretary annually.
3. The burden of proof shall be on the Codes Enforcement Officer to establish a violation of this Part. The determination of the Codes Enforcement Officer shall be affirmed if supported by substantial evidence. Formal rules of evidence shall not apply so long as the decision of the Building Appeals Board is based on reliable information, but the decision of the Building Appeals Board may not be based solely on hearsay evidence.
(Ord. 2012-03, 12/4/2012)