[HISTORY: Adopted by the Board of Supervisors of the Township
of Lawrence 5-3-2011 by Ord. No. 2011-02. Amendments noted where applicable.]
Lawrence Township, the Borough of Clearfield, and the Borough
of Curwensville have agreed to enforce and administer their property
maintenance codes for the Township and the Boroughs and agree to utilize
the Board of Appeals currently established by Lawrence Township and
Clearfield Borough for enforcing and administering the Uniform Construction
Code.[1] The Board of Appeals shall adhere to the following:
A.
The Board of Appeals shall hear and rule on appeals. An application
for appeal shall be based on a claim that the true intent of the code
or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of the code do not fully apply, or the requirements
of this code are adequately satisfied by other means, or that the
strict application of any requirement of this code would cause an
undue hardship.
B.
Composition of Board. The Board of Appeals shall consist of the same
members and upon the same terms as the current Board of Appeals for
the Uniform Construction Code created by Lawrence Township and Clearfield
Borough.
C.
Appeals.
(1)
Any owner or owner's agent may appeal a decision of the code
official or a notice or order issued under the code by filing a petition
with the Building Code Official or other person designated by the
Board of Appeals on an acceptable form.
(2)
The postmark date or the date of personal service will establish
the filing date of the appeal.
(3)
An appeal to the Board of Appeals will automatically suspend an action
to enforce an order to correct until the matter is resolved. An action
relating to imminent-danger notices may not be stayed.
(4)
The Board of Appeals shall decide an appeal by reviewing documents
and written brief or argument unless the owner or owner's agent
requests a hearing.
(5)
The Board of Appeals shall hold a hearing within 60 days from the
date of the applicant's request unless the applicant agrees in
writing to an extension of time.
(6)
The Board of Appeals shall only consider the following factors when
deciding an appeal under the code:
(a)
The true intent of the code or the rules legally adopted thereunder
have been incorrectly interpreted.
(b)
The provisions of the code do not fully apply.
(c)
The requirements of the code are adequately satisfied by other
means.
(d)
The strict application of any requirement of the code would
cause an undue hardship.
(7)
If the owner or owner's agent requests a hearing, the Board
of Appeals shall schedule a hearing and notify the owner or owner's
agent and Building Code Official of the date, time and place of the
hearing.
(8)
The Board of Appeals shall provide a written notice of its decision
to the owner and the Building Code Official.
D.
Fees. The Township and the Borough shall set a fee schedule for hearings
and related appeals. The fee schedule may be reviewed from time to
time to determine reasonable rates for hearing costs.
