§ 5-5. Board of Appeals., Part 1. CONSTRUCTION CODE, Chapter 5. Code Enforcement, Municipal Code, Code of Ordinances, Aspinwall

The Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., as amended, and the Uniform Construction Code, 34 Pa. Code, Part XIV, as amended, shall govern the Borough Board of Appeals established pursuant to § 501(c) of the Pennsylvania Construction Code Act, 35 P.S. § 7210.501(c), as amended, and shall be further supplemented as follows:

(1)

Application for Appeal. Any applicant or person aggrieved by a decision of a Borough official related to the Uniform Construction Code or a notice or order issued under the Uniform Construction Code shall have the right to appeal to the Board of Appeals of Aspinwall Borough established under this section, provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Borough Council. An application for appeal shall be based on a claim that the true intent of the Pennsylvania Construction Code Act, or the Uniform Construction Code, or this Part, or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of the Pennsylvania Construction Code Act, or the Uniform Construction Code, or this Part do not fully apply, or an equivalent form of construction is to be used. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of the Borough official's decision and/or a waiver of the individual's right to appeal.

(2)

Establishment. In order to hear and decide appeals of orders, decisions or determinations made by Borough officials relative to the application and interpretation of the Pennsylvania Construction Code Act and the Uniform Construction Code, as well as requests for variances or extensions of time thereunder, there shall be and is hereby created a Board of Appeals for Aspinwall Borough pursuant to § 501(c) of the Pennsylvania Construction Code Act, 35 P.S. § 7210.501(c), as amended.

(3)

Membership. The Borough Board of Appeals shall consist of three persons appointed by the Borough Council to hold office at the pleasure of the Borough Council. Each member of the Board of Appeals shall be appointed for a term of three years or until his/her successor is appointed and qualified, which term shall expire on the first Monday of January of the year designated for the expiration of his/her term, except that the terms of the members first appointed pursuant to this Part shall be so fixed so that the term of office of one member shall expire each year. An appointment to fill a vacancy shall be only for the unexpired team.

(4)

Alternate Members. The Borough Council shall appoint two alternate members who shall be called to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for a term of two years or until his/her successor is appointed and qualified, which term shall expire on the first Monday of January of the year designated for the expiration of his/her term, except that the terms of the alternate members first appointed pursuant to this Part shall be so fixed so that the term of office of one alternate member shall expire each year. An appointment to fill a vacancy shall be only for the unexpired term.

(5)

Qualifications. Each member or alternate member of the Board of Appeals shall satisfy the following qualifications:

(a)

A member of the Board of Appeals shall be qualified pursuant to the requirements of § 403.121(c)(1) of the Uniform Construction Code, 34 Pa. Code § 403.121(c)(1), as amended.

(b)

Members of the Borough Council and its code administrators shall not serve on the Board of Appeals pursuant to § 403.121(c)(3) of the Uniform Construction Code, 34 Pa. Code § 403.121(c)(3), as amended.

(c)

A qualified person who resides outside of the Borough may be appointed as a member of the Board of Appeals when the Borough Council cannot find a person residing within the Borough who satisfies the requirements of § 403.121(c) of the Uniform Construction Code, 34 Pa. Code § 403.121(c), as amended.

(6)

Regulations and Procedures. The Board of Appeals is authorized to establish policies and procedures necessary to carry out its duties as long as any such policies and procedures do not conflict with the provisions of the Pennsylvania Construction Code Act, the Uniform Construction Code, this Part or any other ordinance of the Borough.

(7)

Organization of Board.

(a)

The Board of Appeals shall elect from its own membership a Chairperson, Vice-chairperson and such other officers as it deems appropriate, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing or meeting and the taking of any action, a quorum shall be not less than a majority of all the regular members of the Board.

(b)

If, by reason of absence or disqualifications of a member, a quorum is not reached, the Chairperson of the Board of Appeals shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis.

(c)

The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Borough Council as requested.

(8)

Hearing Procedures. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Borough's representative and any applicant or person aggrieved pursuant to Subsection 1A above shall be given the opportunity to be heard. The Chairperson of the Board of Appeals, or its counsel, shall have the power and duty to direct the meeting, rule upon the acceptance of evidence and oversee the record of all proceedings. These hearing procedures shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received.

(9)

Jurisdiction and Powers. The Board of Appeals shall have the powers and duties as provided by the Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., as amended, the Uniform Construction Code, 34 Pa. Code, Part XIV, as amended, this Part and any other ordinances adopted from time to time by the Borough Council.

(10)

Assignment of Additional Duties and Responsibilities. The Board of Appeals shall have such other duties and responsibilities as may be assigned to it from time to time by appropriate action of the General Assembly of the Commonwealth of Pennsylvania or the Borough Council.