[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 3-10-1983
by Ord. No. 1420, approved 3-10-1983.
Amendments noted where applicable.]
[Amended 3-10-1988 by Ord. No. 1576,
approved 3-10-1988; 6-10-2004 by Ord.
No. 2012, approved 6-14-2004]
In order to determine the suitability of alternate materials, methods of construction, appeals, variances, requests for extensions of time or to provide a reasonable interpretation of the Building Construction Chapter (Chapter 89), the Property Maintenance Chapter (Chapter 183), and the curb and sidewalk provisions of Chapter 223, there is hereby created a Board of Appeals consisting of three members who are qualified by experience or training to pass upon matters pertaining to the chapters mentioned and who satisfy the qualifications set forth in the Pennsylvania Construction Code (Chapter 89).
The Board of Appeals shall have all the powers and duties with regard
to appellate review of decisions as such power of review has heretofore been
conferred upon the Building Code Board of Appeals, the Housing Board, the
Plumbers Board, the Curb and Sidewalk Ordinance Board of Appeals and the Shade
Tree Commission. The Board of Appeals shall adopt and make available to participants
in proceedings before it guidelines and standards to be used in formulating
and rendering decisions.
[Amended 6-10-2004 by Ord. No. 2012,
approved 6-14-2004]
The Board of Appeals shall consist of three members appointed by Borough
Council, and appointments shall be as follows: one member to be appointed
for five years, one for four years and one for three years, and thereafter
each new member shall serve for five years or until a successor has been appointed.
Each member shall serve at the pleasure of the Borough Council. Members of
Borough Council and code administrators employed by the Borough are prohibited
from serving on the Board of Appeals.
During the absence of a member, the appointing officer shall designate
a qualified substitute. The appointing officer shall appoint alternate members,
who may sit on the Board of Appeals in the absence of any regular members.
Such alternate members shall meet the same qualifications as required for
regular members of the Board and, while sitting on the Board, shall have full
power and authority as a regular member.
The Board shall select one of its members to serve as Chairperson, and
the appointing official shall designate a clerk from the municipality to serve
as Secretary to the Board, who shall keep a detailed record of all proceedings
on file with the Code Administration Office of the Borough.
[Amended 6-10-2004 by Ord. No. 2012,
approved 6-14-2004]
A member of the Board shall not pass on any question in which that member
is engaged as contractor or material dealer or in which the Board member has
any personal, professional or financial interest.
A.
Any person aggrieved by a decision of any Borough official
or body who or which is responsible for the enforcement of the codes and ordinances
which are the subject of this chapter shall file a written notice of appeal
with the Board of Appeals within 10 days after the rendering of such decision.
The Board shall meet upon written notice of the Chairman given to the
appellant and the Board members within 10 days of the filing of an appeal
or at a stated periodic meeting if warranted by the volume of work.
[Amended 6-10-2004 by Ord. No. 2012,
approved 6-14-2004]
All hearings shall be public and conducted under the requirements of
the Pennsylvania Sunshine Law.[1] The appellant, the appellant's representative, the relevant Borough official and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard. With respect to proceedings pertaining to matters governed by Chapter 89, Building Construction, and in addition to all other applicable provisions of the Pennsylvania Construction Code adopted by Chapter 89, the following shall apply:
A.
An appeal or request for variance or extension of time
will automatically suspend an action to enforce an order to correct until
the matter is resolved; excepting that any action relating to an unsafe building,
structure or equipment shall not be stayed.
B.
The Board shall decide an appeal, variance request or
request for extension of time by reviewing documents and written brief or
argument unless the owner or owner's agent requests a hearing.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
When three qualified members are not present to consider a specific
appeal, either the appellant, the enforcing official or their representative
may request a postponement of the hearing.
The Board shall affirm, modify or reverse the decision of the enforcing
official by a concurring vote of a majority.
Every action of the Board shall be by resolution, and certified copies
shall be furnished to the appellant within 15 days of the decision. A copy
shall also be provided to the Code Administration Office of the Borough.
Nothing in this chapter shall be construed to affect any suit or proceedings
now pending in any court, or any rights acquired or liability incurred, or
any cause or causes of action accrued or existing, under any act or ordinance
repealed hereby. No right or remedy of any character shall be lost, impaired
or affected by this chapter.
