BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2020-01  AN ORDINANCE ESTABLISHING A BOARD OF APPEALS UNDER THE INTERNATIONAL PROPERTY MAINTENANCE CODE  WHEREAS, the Borough of Clarks Summit (the "Borough") adopted and enacted Ordinance No 2012-02 at its public meeting held on the 4th day of January 2012;  WHEREAS, through the enactment of Ordinance No. 2012-02, the Borough adopted the 2009 edition oft the International Property Maintenance Code ("Maintenance Code"), which regulates and governs the conditions and maintenance ofall property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the  demolition of such existing structures in the Borough;  WHEREAS, through the enactment ofOrdinance No. 2018-01, the Borough adopted WHEREAS, Section 111.1 of the Maintenance Code provides that any person directly affected by a decision of a code official or notice or order issued under the Maintenance Code  Penalties for Violations ofOrdinance No. 2012-02 and the Maintenance Code;  shall have the right to appeal to a board of appeals;  WHEREAS, Section 111.2 oft the Maintenance Code provides that the board of appeals shall consist of a minimum of three (3) members who are qualified by experience and training to pass oni matters pertaining toj property maintenance and who are not employees of the Borough;  and  WHEREAS, pursuant to Section 111.2 oft the Maintenance Code, the Borough Council  shall appoint members to the board of appeal for staggered and overlapping terms.    NOWTHEREFORE, it is hereby ORDAINED and ENACTED by the Council ofthe Borough of Clarks Summit, County ofLackawanna and Commonwealth of Pennsylvania, as  follows:  Section1. Establishment of Board of Appeals  The Borough Council hereby establishes a Maintenance Code Board of Appeals"to adjudicate all appeals taken pursuant to Section 111 oft the Maintenance Code. The Maintenance Code Board of Appeals will be comprised ofat least three (3) members appointed by Borough Council and who will serve at the pleasure of Borough Council  and in compliance with Section 111 ofthe Maintenance Code.  Section 2. Purpose  The purpose of the Maintenance Code Board of Appeals is to adjudicate all appeals  taken pursuant to Section 111 of the Maintenance Code.  Section 3. Membership  Members of the Maintenance Code Board of Appeals will be appointed by Borough Council in conformance with Section 111.2 oft the Maintenance Code and applicable law. No employee oft the Borough may be appointed tot the Maintenance Code Board of  Appeals.  Section 4. Severability, Conflict and Amendment  Ifany provision, paragraph, word, section, or subsection of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsections shall not be affected and shall remain in full force and effect. All relevant ordinances, regulations, and policies of the Borough of Clarks Summit, Pennsylvania not amended shall remain in full force and effect. Any Ordinance or part ofa an Ordinance conflicting with the provisions of this Ordinance shall be and the same  is hereby repealed to the extent of such conflict.  Section 5. Effective Date manner prescribed by law.  This Ordinance shall be effective immediately upon passage and approval in the  2    ORDAINED AND ENACTED into an Ordinance this 5th day ofl February, 2020  Council of the Borough of Clarks Summit  se eha GERMAINE CAREY Council President  a  APPROVED:  Approved this 5th day of] February, 2020 Wey C HERMAN. JOHNSON Mayor; Borough of Clarks Summit  ATTEST: Adopted by the Clarks Summit Borough Council this 5th day of February, 2020  ARK'  Borough)  -  Manager/Secretary   E  CLASS  3