[HISTORY: Adopted by the Borough Council of the Borough of
Trainer 7-10-2008 by Ord. No. 705. Amendments noted where applicable.]
A Board of Appeals is hereby established pursuant to Section
111.1 of the International Property Maintenance Code (2003 Edition),
adopted by the Borough of Trainer when Ordinance No. 687 was enacted
by the Council of the Borough of Trainer on August 10, 2006. The Board
of Appeals shall consist of three persons, one from the Borough of
Trainer, one from the Township of Chester, and one from the Township
of Lower Chichester, each appointed by resolution of the governing
body of the respective municipalities. A member of the Board of Appeals
shall be qualified by experience and training to pass on matters pertaining
to property maintenance. A member of the Board of Appeals shall hold
no other office in the Borough of Trainer, in the Township of Chester,
or in the Township of Lower Chichester.
The governing body of a municipality shall establish the term
of the member of the Board of Appeals appointed from that municipality.
The Board of Appeals shall promptly notify the governing body of any
vacancies that occur. Appointments to fill vacancies shall be only
for the unexpired portion of the term. A member of the Board of Appeals
shall hold office at the pleasure of the governing body.
A.
The Board of Appeals shall hold a reorganization meeting during the month of January of each year and elect from its membership a Chairman, Vice Chairman and a Secretary, who shall serve until the next reorganization meeting of the Board of Appeals. The reorganization meeting may be held by members of the Board of Appeals at the administrative office of any of the three municipalities identified in § 9-1 above, following public notice of the meeting. For the conduct of any hearing and the taking of any action, a quorum shall be no less than a majority of all the members of the Board of Appeals.
B.
The
Board of Appeals may make, alter and rescind rules and forms of its
procedure, consistent with this chapter and the laws of the commonwealth.
The Board of Appeals shall keep a record of its business.
A.
The
Board of Appeals shall schedule meetings and provide public notice
of hearings and meetings in accordance with the Sunshine Act, 65 Pa.C.S.A.
§§ 701 through 716.
B.
The
Board of Appeals shall conduct hearings and make decisions in accordance
with the following requirements:
(1)
Hearings shall be conducted in the municipality where the property
which is the subject of the appeal is located.
(2)
Public notice and written notice of hearings shall be given to the
applicant, the building official in the municipality where the property
which is the subject of the appeal is located, other persons whose
interests are affected by the application and to any person who has
made timely request for the same. In addition to the written notice
provided herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Secretary of the Board of Appeals shall arrange for the
giving of notice as provided herein.
(3)
The governing body of each municipality shall, by resolution, prescribe
a reasonable fee with respect to hearings before the Board of Appeals
held in that municipality. Fees for said hearings may include notice
and advertising costs, the cost of a court stenographer and necessary
administrative overhead connected with the hearing. The fee shall
be paid by the applicant to the municipality where the appeal is filed
at the time the application is filed.
(4)
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
(5)
The parties to the hearing shall be the applicant, the governing
body of the municipality where the property which is the subject of
the appeal is located, any person affected by the application who
has made timely appearance of record before the Board of Appeals,
and any other person permitted to appear by the Board of Appeals.
The Board of Appeals shall have the power to require that all persons
who wish to be considered parties enter appearances in writing on
forms provided by the Board of Appeals for that purpose.
(6)
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 cross-examine adverse witnesses on all relevant issues.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(8)
The Board of Appeals shall keep a stenographic record of the proceedings.
The applicant and the Board of Appeals shall share the appearance
fee for a stenographer equally. The cost of the original transcript
shall be paid by the Board of Appeals if the transcript is ordered
by the Board of Appeals or shall be paid by the person appealing from
the decision of the Board of Appeals 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.
(9)
The Board of Appeals shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate;
shall not take notice of any written communication, reports, staff
memoranda, or other written materials not presented at a hearing before
the Board of Appeals; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(10)
The solicitor of the municipality where the property which is the
subject of the appeal is located shall act as counsel to the Board
of Appeals for that appeal.
(11)
The Board of Appeals shall render a written decision or, when no
decision is called for, make written findings on the appeal within
45 days after the last hearing before the Board of Appeals. Where
the application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon together with the
reasons therefor.
(12)
A copy of the final decision or, where no decision is called for,
a copy of the findings shall be delivered to the applicant personally
or mailed to him and to all other persons who have filed their names
and addresses with the Board of Appeals not later than the day following
its date.
