[Amended 2-18-2020 by Ord. No. 1368, approved 2-18-2020]
There is hereby established a Code Hearing Board under 35 P.S. § 102.101 et seq., appointed by the Council of the municipality, consisting of not less than three members nor more than five members who shall serve without compensation but who may be reimbursed for necessary and reasonable expenses. Their terms of office shall be for three years, except that, for those first appointed, the terms shall be so fixed that the term of office of at least one member shall expire each year. Appointments to fill vacancies shall be only for the unexpired portion of the term. The Code Hearing Board shall be comprised as authorized by Pennsylvania Borough Code Chapter 34, § 403.121. Sections of the adopted codes shall be modified from the Board of Appeals to the Code Hearing Board.
The Code Hearing Board shall have the following powers and duties:
A. 
Interpretation. On appeal from a determination of the Code Enforcement Officer or on request of any municipal official, the Code Hearing Board shall decide any questions involving the interpretation of any provision of this Part 1 or of those other applicable codes and ordinances.
B. 
Variances. The Code Hearing Board may grant a variance from the strict application of this Part 1 or of those other applicable codes. Such variances may be granted only in those cases which would result in practical difficulty or unnecessary hardship and where the public health and safety shall not be jeopardized.
C. 
Deciding appeals. The Code Hearing Board shall hear all appeals made to it and, depending on its findings, shall decide whether such appeals shall be granted.
Any person requesting a variance or aggrieved by a decision of the Code Enforcement Officer or by any other employee or official charged with the administration and enforcement of this Part 1 and of those other applicable codes or ordinances may take an appeal to the Code Hearing Board. All appeals shall be made in writing, stating the grounds upon which the appeal is based, and shall be transmitted to the Office of Code Enforcement. An appeal must be taken within 30 days of the action or of the receipt of written notice of any decision or ruling which is being appealed.
The Code Hearing Board of Appeals shall follow the procedures set forth Chapter 35 Pa. Code, § 102.101 et seq., including:
A. 
Public hearing. The Code Hearing Board shall meet and conduct a hearing within 30 days of the receipt of an appeal or a request for a variance. All hearings shall be public and all persons whose interest may be affected shall be given an opportunity to be heard. A record shall be kept of all evidence and testimony presented at the hearing.
B. 
Decision of the Board. All decisions of the Board shall be in writing, and a copy of each decision shall be sent to the applicant and to the Code Enforcement Officer. The Code Hearing Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reason for the decision of the Code Hearing Board and the findings of fact on which the decision was based. The Code Hearing Board shall make an order on its decision, and the Code Enforcement Officer shall take immediate action to carry out said order.
Any person or persons aggrieved by any final order or decision of the Code Hearing Board may appeal such order or decision, within 30 days, to the Court of Common Pleas in accordance with, as far as practicable, the Rules of Civil Procedure of the Supreme Court regarding appeals from administrative agencies.
The Code Hearing Board shall report to the Council of the municipality periodically, at intervals of not less than 12 months. The report shall summarize all applications and appeals made to it since the last report and shall contain a summary of the Board's decision on each case. A copy of the report shall be filed with the Code Enforcement Officer. The Code Hearing Board may also submit to the Council of the municipality advisory reports recommending changes and modifications in this Part 1 or in those other applicable codes or ordinances.