Wharton |
Code of Ordinances |
Part II. General Legislation |
Chapter 231. Property Maintenance |
Article II. Administration |
§ 231-11. Means of appeal.
Latest version.
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A.Any person affected by a decision of the Housing Officer or a notice or demolition issued under this chapter, except when the Housing Officer has filed a summons and complaint in the Municipal Court, shall have the right to appeal to a committee consisting of three members of the Council of the Borough, appointed by the Mayor, provided that a written application for appeal is filed within 20 days after the date of the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.B.Notice of meeting. The Committee shall meet upon notice from the Clerk, within 10 days of the filing of an appeal or at scheduled regular meetings.C.Open hearing. All hearings before the Committee shall be open to the public. The appellant, the appellant's representative, the Housing Officer, and any person whose interests are affected shall be given an opportunity to be heard.D.Procedure. The Council shall adopt and make available to the public through the Clerk procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.E.Postponed hearing. When two members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.F.Decision. The Committee may modify or reverse the decision of the Housing Officer by a concurring vote of a majority of members eligible to vote.G.Resolution. The decision of the Committee shall be by resolution. Certified copies shall be furnished to the appellant and to the Housing Officer.H.Administration. The Housing Officer shall take immediate action in accordance with the decision of the Committee.I.Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to an appropriate court to correct errors of law. Application for review shall be made in the manner and time required by law.