NORTH WHITEHALL TOWNSHIP, LEHIGH COUNTY, PENNSYLVANIA Notice is hereby provided pursuant to Subsection 1601(a) of the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, as amended (the "SCTC"), 53 P.S. § 66601(a), that the Board of Supervisors of North Whitehall Township, Lehigh County, Pennsylvania (the "Board") intends to consider for adoption at its regularly scheduled public meeting commencing at 7:00 P.M. on MONDAY, NOVEMBER 9, 2026, at the North Whitehall Township Municipal Building located at 3256 Levans Road, Coplay, Pennsylvania 18037, proposed Ordinance No. 2026-11 (the "Ordinance"). The purpose of the Ordinance is to amend Chapter 290 (Nuisances) and Chapter 321 (Property Maintenance) of the Township's Code of Ordinances (the "Code") to provide for procedures applicable to a landowner's appeal from a notice of violation or nuisance abatement/removal order issued under Chapter 290 and to expressly grant jurisdiction to the Township's International Property Maintenance Code (IPMC) Board of Appeals to hear and decide such appeals. The following constitutes the title and a brief summary of the Ordinance, prepared by the Township Solicitor, setting forth all the provisions of the Ordinance in reasonable detail in accordance with Subsection 1601(a) of the SCTC, 53 P.S. § 66601(a). The title of the Ordinance is: "AN ORDINANCE OF THE TOWNSHIP OF NORTH WHITEHALL, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 290 OF THE CODE OF THE TOWNSHIP OF NORTH WHITEHALL TO ESTABLISH A RIGHT OF APPEAL FROM A NOTICE OF VIOLATION OR AN ORDER TO ABATE OR REMOVE A NUISANCE ISSUED UNDER SAID CHAPTER AND AMENDING CHAPTER 321 OF THE CODE OF THE TOWNSHIP OF NORTH WHITEHALL TO GRANT THE IPMC BOARD OF APPEALS JURISDICTION TO HEAR AND DECIDE APPEALS BROUGHT UNDER CHAPTER 290." The Ordinance contains a statement of legislative findings identifying the Ordinance's purposes and setting forth the authority of the Board to adopt the Ordinance. Section 2 amends Chapter 290 of the Code as follows. Existing Section 290-5, titled "Opportunity to cure violation," is amended to correct a typographical error contained therein. A new Section 290-5.1, titled "Appeals," is inserted, which establishes a right of appeal from a notice of violation or nuisance abatement/removal order issued pursuant to Section 290-4. Appeals are directed to the IPMC Board of Appeals established under Chapter 321 of the Code. An appeal must be filed in writing within fourteen (14) days of the date of service of the notice or order. Failure to timely appeal renders the notice of violation or order conclusive and unassailable. The written appeal must identify the notice of violation or order appealed from and the specific grounds for the appeal. The timely filing of an appeal stays the running of the cure period prescribed by Section 290-5 and stays enforcement action under Section 290-6 pending issuance of the Board of Appeals' written decision. The Board of Appeals reviews the appeal de novo and determines whether the Code Enforcement Officer has provided substantial evidence of a violation as alleged. The Board of Appeals may only uphold or reverse the notice of violation or order, in whole or in part. The Board of Appeals must conduct a hearing at which the appellant and the Township are each afforded the opportunity to present evidence and argument. The Board of Appeals must issue a written decision within forty-five (45) days following the close of the hearing, containing findings of fact and conclusions supporting its determination. The decision of the Board of Appeals is final and binding on the parties, subject only to any right of further appeal as may be available under applicable law. If the Board of Appeals upholds the notice of violation or order, the cure period prescribed by Section 290-5 commences upon the date of issuance of the written decision. A new Section 290-5.2, titled "Imminent Hazard; No Right of Appeal," is inserted, which provides that no appeal may be taken under Chapter 290 where the Township's Code Enforcement Officer determines, in his or her sole discretion, that the violation constitutes an imminent hazard. Where the Code Enforcement Officer determines that an imminent hazard exists, the notice of violation or order must include a written statement setting forth: (a) a description of the specific condition, activity, or occurrence constituting the imminent hazard; (b) the factual basis for determining that such condition creates an immediate and substantial danger or imminent threat; (c) the reasons why the delay occasioned by the appeal process would cause or exacerbate irreparable harm; and (d) a statement that no right of appeal exists and that the owner or person responsible must comply within the time frame prescribed. Upon the Code Enforcement Officer's determination of an imminent hazard, the cure period commences immediately upon issuance of the notice or order, and the Township may exercise its enforcement remedies upon expiration of the cure period without further notice. Section 3 amends Chapter 321 (Property Maintenance) by adding a new subsection that grants the IPMC Board of Appeals jurisdiction to hear and decide appeals from notices of violation and nuisance abatement/removal orders issued pursuant to Chapter 290 of the Code. Section 4 contains a severability clause, and Section 5 provides that the Ordinance shall become effective immediately upon adoption. Copies of the full text of the Ordinance may be examined, without charge, or obtained at the North Whitehall Township Municipal Building located at 3256 Levans Road, Coplay, Pennsylvania 18037, during normal business hours, Monday through Thursday, 7:30 a.m. to 5:00 p.m. In accordance with Subsection 1601(a) of the SCTC, 53 P.S. § 66601(a), a complete copy of the Ordinance has been supplied to the Times News newspaper. NORTH WHITEHALL TOWNSHIP BOARD OF SUPERVISORS DENNIS KLUSARITZ, CHAIRMAN Oct 21-22