The Board shall conduct hearings and make decisions in accordance with the following:
A. Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1) Advertisement.
(a) Notice to the public shall be published once each week for two successive weeks, in a newspaper of general circulation in the City.
(b) The first publication shall not be more than 30 days and second publication shall not be less than seven days from the date of the hearing.
(c) The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) Posting. Written notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(3) Notification requirements. The Board shall give public notice of all matters to be heard at any given hearing and shall give written notice to the owner, appellant, Mayor, City Council, to the governing body of any municipality located within 500 feet of the property at issue, and to all other interested parties who have registered their names and addresses in writing with the City for notices on such matter.
(a) Notice shall also be provided to the last known primary owner of every lot that is abutting, directly across the street or at least partially within 100 feet of the lot in question. However, failure of such notice to be provided shall not delay or negate the hearing and the decision and shall not be a grounds for appeal.
(b) The notices herein required shall state the location of the building or lot, the general nature of the question involved and the time and place of the hearing.
B. Fees and costs. City Council may establish by ordinance a reasonable fee schedule to be paid by the applicant.5,6
C. Time constraints. The first hearing shall be held before the Board or Hearing Officer within 60 days from the date of receipt of the applicant's complete application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record.
D. Persons entitled to present appeals before the Board. An appeal of the decision of the Zoning Administrator must be presented before the Zoning Hearing Board by one or more of the following persons:
(1) The landowner.
(2) A party with equitable interest in the property.
(3) An attorney licensed to practice in the Commonwealth of Pennsylvania.
(4) A person with a properly executed power of attorney.
E. Parties. The parties to the hearing shall be the applicant(s), the City and any person affected by the application. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
F. Oaths and subpoenas. The Chairman or acting Chairman of the Board presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
G. Representation by Counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witness on all relevant issues.
H. Conduct of hearings. Hearings shall be conducted by the Board or the Board may appoint any member as a Hearing Officer. The decision, or where no decision is called for, the findings, shall be made by the Board. The parties may, however, waive the decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.
I. Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
J. Record.
(1) The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board.
(2) The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
K. Ex parte communications.
(1) The Board shall not communicate, directly or indirectly, with any party or its representative in connection with any issues involved, except upon notice and opportunity for all parties to participate.
(2) The Board shall not take notice of any communication, reports, staff memoranda or other materials (except advice from its Solicitor), unless the parties are afforded an opportunity to contest the material so noticed.
(3) After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or its representative, unless all parties are given an opportunity to be present.
L. Conflicts of interest. No member of the Board shall vote upon or participate in deliberations concerning any application for which the member has a conflict of interest. Grounds for disqualification on an individual appeal include, but are not restricted to, the following:
(1) Direct or indirect financial or property interest.
(2) Direct business association with one of the parties involved.
(3) A close familial relationship with one of the parties involved.
(4) An overt expression or affiliation with an organization whose ideology expresses a predisposition toward the parties or the intent of the parties involved.
5. Editor's Note: See Ch. 212, Fees.
6. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).