(a) Creation and Membership. There is hereby established a Zoning Hearing Board. The membership of the Board shall consist of three residents of the City of Johnstown appointed by City Council. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the City Council of any vacancies, which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the City.
(b) Removal of Members. Any Board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of City Council taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
(c) Organization. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the City and laws of the Commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the City as requested by Council.
(d) Expenditures. Within the limits of funds appropriated by Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties. Alternate members of the Board may receive compensation for the performance of their duties. In no case shall the compensation paid to Board members and alternates exceed the rate of compensation paid to members of City Council.
(e) Meetings. Meetings of the Zoning Hearing Board shall be held within 60 days from the date of any application to the Board, and at such other times as the Board may determine. All meetings, other than executive sessions, shall be open to the public. The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. Quarters for the Board (office space with light and heat, necessary supplies, clerical and other services as required) shall be provided by Council. The Board shall appoint a Secretary who shall keep its records.
(Ord. 5139. Passed 11-27-13.)