(A) Application for appeal. Any person directly affected by a decision of the property maintenance code official or a notice or order issued under this code shall have the right to appeal such decision, notice, or order or to request a waiver or extension of time, provided that a written application for same is filed within 20 days after the day the decision, notice, or order was served. The postmark date or the date of personal service will establish the filing date of the appeal. If such decision, notice, or order was made or issued by a code official in the employ of the township. If such decision, notice, or order was made or issued by a code official in the employ of the Central Keystone COG, the appeal shall be to the Board of Appeals designated by the COG and shall be addressed according to procedures determined by the COG. The procedures detailed herein shall apply to appeals to the Board of Supervisors.
(B) Basis for appeal. An application for appeal shall be based on a claim that the true intent of the property maintenance code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the property maintenance code do not fully apply, or the requirements of the property maintenance code are adequately satisfied by other means.
(C) Time frame for decision by Board. The Board shall decide an appeal, waiver request, or request for extension of time by reviewing documents and written brief or argument within 20 days unless the owner or owner’s agent requests a hearing when making an application for appeal.
(D) Notice of hearing. To hear an appeal the Board shall meet upon notice from the chairperson, within 20 days of the filing of an appeal, or at a stated periodic meeting, unless the applicant agrees in writing to an extension of time. The owner and property maintenance code official will be notified of the date, time, and place of the hearing. There will also be public notice of the hearing.
(E) Open hearing. All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the property maintenance code official, and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the Board membership.
(F) Postponed hearing. When the full Board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request postponement of the hearing.
(G) Consideration of appeal. The Board shall only consider the following factors when deciding an appeal:
(1) The true intent of the property maintenance code or the rules legally adopted thereunder have been incorrectly interpreted;
(2) The provisions of the property maintenance code do not apply; and
(3) The requirements of the property maintenance code are adequately satisfied by other means.
(H) Consideration of a request for a waiver or extension of time. The Board may consider the following factors when ruling upon a request for a waiver or a request for an extension of time:
(1) The reasonableness of the property maintenance code’s application in a particular case;
(2) The extent to which the granting of a waiver or an extension of time will pose a violation of the property maintenance code or an unsafe condition;
(3) The availability of professional or technical personnel needed to come into compliance;
(4) The availability of materials and equipment needed to come into compliance;
(5) The efforts being made to come into compliance as quickly as possible; and
(6) Compensatory features that will provide an equivalent degree of protection to the property maintenance code.
(I) Board decision.
(1) In making a decision on an appeal or on a request for a waiver or extension of time, the Board may do any of the following:
(a) Deny the request in whole or in part;
(b) Grant the request in whole or in part; or
(c) Grant the request upon certain conditions being satisfied.
(2) A decision shall be made on a concurring vote of a majority of the Board members present at the hearing or at the meeting at which the appeal or request is considered and a decision is to be rendered.
(3) The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the property maintenance code official.
(4) The property maintenance code official shall take immediate action in accordance with the decision of the Board.
(J) Court review. Any person, whether or not a previews party of the appeal, shall have the right to appeal the decision of the Board to the Court of Common Pleas. Such appeal must be filed within 30 days of the date of the Board’s decision.
(K) Stays of enforcement. Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board handling the appeal.
(Ord. 2010-3, passed 8-31-2010)