[Ord. 1059, 6/15/2004, § 1]
This Part shall be known and may be cited as the "Pennsylvania
Uniform Construction Code (UCC) Joint Board of Appeals Ordinance."
[Ord. 1059, 6/15/2004, § 2]
The background of this Part and the legislative intention of
the Borough Council in enacting it are as follows:
A.
The Borough of Mechanicsburg is a Pennsylvania borough.
B.
The Act of December 19, 1996, P.L. 1158, No. 177, referred to as
the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301
et seq., provides that a borough and other municipalities may jointly
cooperate in the exercise or in the performance of their respective
governmental functions, powers or responsibilities.
C.
The Joint Board of Appeals is formed to decide appeals, variance
requests and requests for extensions of time under the Pennsylvania
Construction Code (UCC), 35 P.S. § 7210.101 et seq.
D.
The Borough Council of the Borough of Mechanicsburg, Cumberland County,
Pennsylvania, determines that it is in the best interest of the public
health, safety and welfare of its citizens to establish a joint Board
of Appeals to hear matters arising under the UCC.
[Ord. 1059, 6/15/2004, § 3]
1.
The conditions of membership, duration, purpose and objectives of
the joint agreement, including the powers and scope of authority delegated
therein, manner and extent of financing, organizational structure
necessary to implement the Board of Appeals and manner in which personal
property will be acquired, managed and disposed of are set forth in
the Agreement, a copy of which is attached to this Part as Exhibit
"A"[1] and incorporated herein as if set forth in full.
[1]
Exhibit "A" is on file at the Borough Office.
2.
No real estate will be acquired, managed, licensed or disposed of
under this Part, excepting that the respective municipalities will
make hearing rooms available to the Board of Appeals for the conduct
of its business.
3.
Each party has the power to enter into contracts for policies of
group insurance and employee benefits, including social security,
for all of their employees, including those whose duties further the
purposes of the Agreement.
[Ord. 1059, 6/15/2004, § 4]
The President of the Borough Council of the Borough of Mechanicsburg
is hereby authorized to execute all documents and perform all actions
necessary to cause the Borough to enter the joint agreement.
[1]
Editor's Note: Former § 5-205, Amendment to Code,
was repealed 3-16-2021 by Ord. No. 1170.
[Ord. 1059, 6/15/2004, § 6]
1.
If any sentence, clause, phrase or section of this Part is for any
reason found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, phrases, sections or parts of this
Part.
2.
It is hereby declared as the intention of the Borough Council of
the Borough of Mechanicsburg that this Part would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, phrase,
section or part thereof not been included therein.
