Any person directly affected by a decision of the code
official, or a notice or order issued under this code shall
have the right to appeal to the Manheim Township Uniform Construction
Code (UCC) Board of Appeals, provided that a written application for
appeal is filed within 20 days after the day the decision, notice
or order was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or the requirements of this code are adequately
satisfied by other means.
The board shall meet upon notice from the chairman at the published
bi-monthly meeting of the board of appeals.
Hearings before the board shall be open to the public. The appellant,
the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity
to be heard. A quorum shall consist of a minimum of two-thirds of
the board membership.
111.3.1 Procedure.
The board shall adopt and make available to the public through
the secretary procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
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 a postponement of the hearing.
The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of
the total number of appointed board members.
111.5.1 Records and copies.
The decision of the board shall be recorded. Copies shall be
furnished to the appellant and to the code official.
111.5.2 Administration.
The code official shall take immediate action
in accordance with the decision of the board.
Any person aggrieved by any decision of the Manheim Township
UCC Board of Appeals or any officer or department of the Township,
may appeal the decision to the Court of Common Pleas of Lancaster
County, Pennsylvania pursuant to the Local Rules of Court governing
Local Agency and Administrative Agency Appeals Other than Land Use
Appeals; which appeal must be filed with the Court within 30 days
after service of the decision filed by the board.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until
the appeal is heard by the appeals board.