[Ord. 1372-10, 3/8/2010, § 1; as amended by Ord.
1404-12, 12/10/2012, § 1]
In order to determine appeals filed pursuant to the Regulated Rental Unit Occupancy Ordinance (Chapter 4, Part 3) and the Property Maintenance Code (Chapter 5, Part 2), there is hereby created a Code Enforcement Appeals Board. In order to determine appeals filed pursuant to the Gettysburg Stormwater Management Ordinance (Chapter 17), the jurisdiction of the Code Enforcement Appeals Board has been amended and expanded by subsequent ordinance of the Borough Council.
[Ord. 1372-10, 3/8/2010, § 2; as amended by Ord.
1404-12, 12/10/2012, § 2]
As used in this Subpart, the following terms shall have the
meanings indicated:
The Code Enforcement Appeals Board of the Borough of Gettysburg,
Adams County, Pennsylvania.
The Borough of Gettysburg, Adams County, Pennsylvania.
The Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania.
The person or company duly appointed by the Borough as the
code official to administer and enforce applicable codes and ordinances,
to include any assistants or deputies designated by the Borough.
Collectively the Regulated Rental Unit Occupancy Ordinance,
the Property Maintenance Code, the Stormwater Management Ordinance
and the Illegal Discharges and Illicit Connections Ordinance.
[Amended by Ord. No. 1464-19, 8/12/2019]
The ordinance (Ordinance No. 1461-19, enacted on June 10,
2019) prohibiting illegal discharges into and illicit connections
to the storm drain systems, the storm sewer systems and the watercourses
in the Borough of Gettysburg, as subsequently codified in the Code
of Ordinances of the Borough of Gettysburg.[1]
[Added by Ord. No. 1464-19, 8/12/2019]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Gettysburg Stormwater Management Ordinance, which is codified at Chapter 17 of the Code of Ordinances of the Borough of Gettysburg.
[Ord. 1372-10, 3/8/2010, § 3]
The Board shall consist of five members and up to three alternate
members who are qualified by education, training or experience to
review and consider matters pertaining to building construction, property
and rental unit maintenance.
A.
Membership. The membership of the Board shall consist of five resident
property owners of the Borough appointed by resolution of the Borough
Council. The terms of office of the Board members shall be five years
and the terms shall be so fixed that the term of office of one member
of the Board shall expire each year. The Board shall promptly notify
the Borough Council of any vacancies which occur in the membership
of the Board. Appointments by the Borough Council to fill vacancies
shall be only for the unexpired portion of the term. A member of the
Board shall hold no other Borough office, either elected or appointed,
and shall not be an employee of the Borough. Members of the Board
shall serve without compensation.
B.
Alternate Members. The Borough Council may appoint by resolution
at least one but no more than three resident property owners of the
Borough to serve as alternate members of the Board. The term of office
of an alternate member shall be three years. Once seated, an alternate
member shall be entitled to participate in the proceedings and discussions
of the Board to the same and full extent as other Board members, including
specifically the right to cast a vote as a voting member during proceedings
of the Board. An alternate member of the Board shall hold no other
Borough office, either elected or appointed, and shall not be an employee
of the Borough. Alternate members of the Board shall serve without
compensation.
C.
Organization of Board. The Board shall elect from its membership
a Chairperson and a Vice Chairperson who shall each serve annual terms
as such and may succeed themselves. The Borough shall designate a
qualified person to serve as Secretary of the Board from outside the
membership of the Board in order to assist with Board proceedings.
D.
Quorum. For the conduct of any hearing and the taking of any action,
a quorum of the Board shall not be less than a majority of all of
the members of the Board. If by reason of absence or disqualification
of a member of the Board, a quorum is not reached, the Chairperson
of the Board or the Vice Chairperson in the absence or disqualification
of the Chairperson may 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 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 member pursuant
to this provision shall be made on a case-by-case basis and shall
rotate according to declining seniority among all alternate members.
E.
Meetings. The Board shall meet on an as-needed basis. The meetings
of the Board shall be conducted in accordance with the applicable
provisions of the Pennsylvania Sunshine Act (65 Pa.C.S.A. §§ 701
to 716), as amended.
F.
Rules and Forms. The Board may make, alter and rescind rules and
forms for its procedures consistent with the ordinances of the Borough
and the laws of the Commonwealth of Pennsylvania.
G.
Public Records and Reports. The Board shall keep full public records
of its proceedings, which records shall be the property of the Borough.
As requested by Borough Council, the Board shall file an annual written
report of its activities to the Borough Council. The report shall
summarize all appeals made and waivers requested since the last report
and shall contain a summary of the Board's decision on each case.
A copy of the report shall also be filed with the Code Enforcement
Officer and the Borough Secretary. The Board may also submit to the
Borough Council advisory reports recommending changes and modification
of applicable codes or ordinances.
[Ord. 1372-10, 3/8/2010, § 4]
1.
Appeals. Appeals from the determination of the Code Enforcement Officer
or other Borough officer involved in the administration and enforcement
of the Codes, including, but not limited to, the granting or denial
of any permit, or the failure to act on the application therefor,
the issuance of any cease and desist order, or the issuance of an
official enforcement notice or order.
2.
Waiver. Applications for waivers from the terms of the Codes. In
such cases where the strict application of the Codes would result
in unnecessary hardship, the Board may grant a waiver, provided that
all of the following findings are made where relevant in any given
case:
A.
That there are unique physical circumstances or conditions or other
physical conditions peculiar to the particular property or dwelling
and that such unnecessary hardship is due to such conditions and not
the circumstances or conditions generally created by the provisions
of the Codes in the neighborhood or district in which the property
is located.
B.
That, because of such physical circumstances or conditions, there
is no possibility that the property can be maintained in strict conformity
with the provisions of the Codes and that the authorization of a waiver
is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the waiver, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located nor
substantially or permanently impair the appropriate use or development
of adjacent property nor be detrimental to the public welfare.
E.
That the waiver, if authorized, will represent the minimum waiver
that will afford relief and will represent the least modification
possible of the Codes regulation in issue.
F.
In granting any waiver, the Board may attach such reasonable conditions,
safeguards, and time frames as it may deem necessary to implement
the purposes of the Codes. The Board shall grant a waiver only for
the specific time frame necessary to adequately address the unnecessary
hardship of the applicant.
[Ord. 1372-10, 3/8/2010, § 5]
Any person aggrieved by a decision of the Code Enforcement Officer,
or by any other Borough employee or official charged with the administration
and enforcement of the Codes, may make an appeal to the Board. A written
application, on a form prescribed by the Borough, shall be filed with
the Borough Secretary not later than 30 days after notice of the decision
is issued. The application for an appeal shall specifically set forth
the basis for the appeal and shall specifically identify any provisions
of the Codes which are applicable to the appeal. The appeal will be
heard within 45 days of receipt of the appeal by the Borough unless
the appellant has agreed in writing to an extension of time.
[Ord. 1372-10, 3/8/2010, § 6]
A request for a waiver under the Codes may be made to the Board.
A written application for a request for a waiver shall be filed with
the Borough Secretary. The hearing on the request for waiver shall
be held within 45 days of the receipt of the application by the Borough
unless the applicant has agreed in writing to an extension of time.
[Ord. 1372-10, 3/8/2010, § 7]
The Borough Council shall prescribe reasonable fees with respect
to hearings conducted before the Board. Fees for said hearings may
include compensation for the Borough-appointed Secretary, notice and
advertising costs, the appearance fee for a stenographer, and any
necessary administrative overhead costs connected with the hearing.
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.
[Ord. 1372-10, 3/8/2010, § 8]
1.
Hearings. The Board shall conduct hearings in accordance with the
Local Agency Law, 2 Pa.C.S.A. §§ 551-555. The appellant
or applicant and all other parties having an interest may be heard.
The parties to the hearing shall be the Borough, any person affected
by the application or appeal who has made a timely appearance of record
before the Board and any other person, including civic or community
organizations, permitted to appear before the Board. The Board shall
have the power to require that all persons who wish to be considered
as parties enter appearances in writing on forms provided by the Board
for that purpose. 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 to cross-examine adverse witnesses on all
relevant issues. The Board shall not be bound by the formal rules
of evidence, but irrelevant, immaterial or unduly repetitious evidence
may be excluded by the Board. Within the limits of funds approved
by the Borough Council, the Board shall have the power to appoint
or employ a solicitor or legal counsel to advise and represent the
Board during its proceedings.
2.
Written Notice. Written notice of the hearing shall be given to the
appellant or the applicant, the Code Enforcement Officer and, in the
case of an appeal of a notice of disruptive conduct under the Regulated
Rental Unit Occupancy Ordinance, the tenants and the complainant.
Such written notice of the hearing shall include the hearing date,
its time and its location.
3.
Continuances. If the Board deems it necessary or desirable, it may
continue a hearing which has not been completed to a subsequent time
and date not later than 45 days from the initial hearing date, which
time and date shall be set by public notice. In such case, the time
for rendering the decision and reducing it to writing as set forth
herein shall be calculated from the last hearing date in a matter
before the Board.
4.
Decisions. Based on the facts and the arguments of the appellant,
applicant, and the Code Enforcement Officer and any police or other
public officials involved, and any relevant factual presentations
of other parties, the Board shall make a decision by majority vote
either affirming, reversing or modifying the action of the Code Enforcement
Officer from which the appeal was taken or granting or denying any
requests for waiver. Such decision shall be rendered at a public meeting
either immediately following the completion of the hearing or within
45 days thereafter. The decision of the Board shall be reduced to
writing stating clearly the factual and legal basis for the decision
within 30 days of the Board rendering its decision. A copy of the
final written decision of the Board shall be delivered to the applicant
or appellant personally or mailed to him or her not later than the
day following its date. A copy of each written decision shall be provided
to the Code Enforcement Officer and to the Borough Secretary in order
that the same shall be available for inspection by the public. Where
the Board fails to render a decision within the period required by
this Subpart or fails to commence, conduct or complete the required
hearing as provided herein, the decision shall be deemed to have been
rendered in favor of the applicant or appellant unless the applicant
or appellant has agreed in writing or on the record to an extension
of time.
5.
Conflicts of Interest. Any member or alternate member of the Board
who has a financial interest in a matter, or has a personal interest
to the extent it would have an appearance of impropriety if he or
she were to be involved in the adjudication of a matter, shall disclose
the nature of the interest and shall disqualify himself or herself
from conduct of the hearing on the matter and in making any decisions
thereon. If possible, such disclosures shall be made in a manner which
will enable an alternate member to be seated in order for the full
Board to hear the matter.
6.
Stay of Enforcement. During the pendency of any appeals, any enforcement
notices or cease and desist orders, unless the same constitutes substantial
and imminent danger to others, shall be stayed until such time that
a final decision is made on the appeal by the Board and the expiration
of any appeal periods following the entry of such a decision.
[Ord. 1372-10, 3/8/2010, § 9]
Any person or persons aggrieved by any final order, decision
or adjudication of the Board may appeal such order, decision or adjudication
to the Court of Common Pleas of Adams County, Pennsylvania, consistent
with the laws of the Commonwealth of Pennsylvania governing appeals
of orders, decisions and adjudications of a local agency.
[Ord. 1372-10, 3/8/2010, § 10]
Nothing in this Subpart shall be construed to prohibit the Borough
from taking immediate action to remedy a violation of its ordinances
when there is reason to believe that the violation presents a serious
threat to the public health, safety and general welfare, or if in
the absence of immediate action, the effects of the violation will
be irreparable or irreversible.
[Ord. 1372-10, 3/8/2010, § 11]
Upon the effective date of this Subpart, the existing Regulated
Rental Unit Appeals Board, the Property Maintenance Appeals Board,
and the Board of Code Enforcement Appeals shall be dissolved and replaced
with the Board established herein. However, any appeals pending before
these boards at the time of the effective date of this Subpart shall
be finalized and the board presiding dissolved at the termination
of the matter pending as of the effective date of this Subpart.
