[Adopted 10-21-1974 by Ord. No. 894A (Ch. 1, Part 5A, of the 2003 Code
of Ordinances)]
There is hereby established in the City of Lock Haven a board
to be called the "Code Enforcement Board of Appeals and Review," hereafter
referred to as "the Board."
[Amended 3-17-1977 by Ord. No. 17B]
A.
The Board shall receive and decide upon all appeals from any order,
requirement, decision or determination of the City's authorized
Code Enforcement Officer rendered in the administration of the City's
duly adopted housing code, building code, plumbing code, electrical
code, fire prevention code or nonresidential property maintenance
code.
B.
At least twice yearly, the Board shall meet with the chief executive
and the Code Enforcement Officer(s) to review such codes to insure
their currency and adequacy in meeting the City's needs and shall
recommend to Council any changes, deletions or additions which they
may deem appropriate.
[Amended 3-7-1977 by Ord.
No. 17B]
A.
Appointment. The Board shall consist of five members who are qualified
by experience and training to pass upon matters pertaining to law,
building construction, health and safety, plumbing and electricity.
Members shall be appointed by the Council of the City of Lock Haven.
B.
Terms of office. One member of the Board shall be appointed for a
term of one year, one member for a term of two years, one member for
a term of three years, one member for a term of four years, and one
member for a term of five years. Upon expiration of the term of office
of a member, his successor shall be appointed for a term of five years.
A vacancy shall be filled for an expired term in the same manner in
which the original appointment was made. Continued absence of any
member from regular meetings of the Board shall, at the discretion
of the Council, render any such member liable to immediate removal
from office by the Council.
C.
Quorum. Three members of the Board shall constitute a quorum for
the transaction of business. In order to amend, modify or rescind
any provision of any code over which the Board has jurisdiction, or
to amend, modify or rescind any order of the City's authorized
Code Enforcement Officer, affirmative votes of at least three members
of the Board shall be required. No member of the Board shall pass
upon any question before the Board in which he, or any enterprise
by which he is employed, has a vested interest.
[Amended 3-17-1977 by Ord. No. 17B]
A.
Meetings and records. Meetings of the Board shall be held at the
call of the Chairman and at other times as the Board may determine.
All hearings before the Board shall be open to the public. The Board
shall keep minutes of its proceedings showing the vote of each member
upon every question or, if absent or otherwise failing to vote, indicating
such fact and other official actions. The minutes and records of all
Board meetings shall be public records.
B.
Rules and regulations. The Board shall establish such rules and regulations
for its own procedures as it deems necessary, providing that such
rules and regulations are not inconsistent with provisions of the
codes over which it has jurisdiction.
C.
Code review functions. In formulating recommendations for changes
in, deletions from or additions to any code under its jurisdiction,
the Board's consideration shall include, but shall not be limited
to, the following:
(1)
The currency of the latest adopted code or supplement thereof.
(2)
The appropriateness of strict or lenient code standards.
(3)
The adequacy of fee schedules.
(4)
The utilization of new materials and techniques.
(5)
The applicability of new standards.
(6)
The adequacy and efficiency of administrative procedures.
(7)
The adequacy of code provisions and standards to meet various state
and federal program requirements.
D.
Code application functions. The Board may vary the application by
the Code Enforcement Officer of any provision of any code under its
jurisdiction in any particular case when, in its opinion, the determination
of the Code Enforcement Officer should be modified or reversed. A
decision by the Board to vary the application of any provision of
any code under its jurisdiction, and to affirm, modify or rescind
any order of the Code Enforcement Officer, shall specify in what manner
such variation or modification is to be made, the conditions under
which it is to be made and the reasons therefor.
[Amended 3-7-1977 by Ord.
No. 17B]
A.
Any appeal from the provisions of any code over which the Board has
jurisdiction shall be registered by the aggrieved party by filing
with the Code Enforcement Officer whose determination is being appealed
and with the Board, a notice of appeal specifying the grounds upon
which the appeal is based. The Code Enforcement Officer with whom
the appeal is filed shall forthwith transmit to the Board all documentary
material constituting the record upon which the action appealed was
taken.
B.
Any person, firm, corporation or agency may register an appeal for
the review of any decision of any authorized Code Enforcement Officer
of the City of Lock Haven; provided, that such appeal is made in writing
within 10 days after such person, firm, corporation or agency has
been officially notified of such decision by the City's authorized
Code Enforcement Officer. Any such official notification shall include
a statement informing the addressee of his right to appeal and a description
of the procedure to be followed, and shall be accompanied by all forms
required to file such appeal.
C.
Upon receipt of an appeal, the Board shall meet within a reasonable
period of time, not to exceed 35 days, to consider the merits of the
appeal and shall reach a decision without unnecessary or unreasonable
delay. Every decision of the Board shall be in writing and shall indicate
the vote on the decision. The Board's decision shall be promptly
filed in the appropriate code enforcement office and be a public record.
A certified copy of the decision shall be delivered to the person,
firm, corporation or agency by whom the appeal was filed.
D.
Any person, firm, corporation or agency aggrieved by any decision
of the Board, or any administrative officer or agent affected thereby
may appeal such a decision within 30 days to the Court of Common Pleas,
as provided by law.
E.
No action on any case under appeal shall be taken by any Code Enforcement
Officer, except as directed by the Board, until a decision is rendered
by the Board.
