(5/25) Carroll Valley Borough Manager Dave Hazlett has been referred to throughout the southwestern Adams County municipality as "King Dave" in reference to his ability to enforce the borough’s code of ordinances and then adjudicate the cases.
The 20-year borough manager hoped to retire his sceptre and orb, but the council decided he should keep it for now.
During May’s meeting, Hazlett proposed naming citizens to a code enforcement appeals board that can determine if the code enforcement officer has correctly interpreted its ordinance. Hazlett and Stephen Beans serve as the borough’s code enforcement officers. If a citizen believes they were unfairly treated, Hazlett will review their case. Hazlett said code enforcement actions have increased since Beans joined the staff and, in turn, more people are seeking to have their case reviewed.
In the 1970s, the borough decided that a code enforcement appeals board would review citizens’ cases. That board has been defunct for some time, but Hazlett requested that the council consider reviving it.
The code enforcement appeals board would handle all appeals not involving zoning matters. Those cases, Hazlett said, would still be handled by the Zoning Hearing Board.
Hazlett suggested the council carefully pick members since the body’s decisions are final. Solicitor Zachary Rice of Salzmann Hughes PC said the board, if enacted, would only determine if enforcement officers properly enforced the ordinance and not grant variances.
Rice said variances tend to weaken ordinances because citizens can refer to the variance when building their case in the future.
"Craft your ordinance to say what you want it to say," Rice said.
Rice also said the board may have to hire a separate attorney who can represent the board independently from the council, which makes the law. Rice stopped short of suggesting the council dissolve the defunct board but did not advocate for its revival.
"It would be fairly rare in my experience with our municipal clients to have a code hearing board that exists for all of the ordinance," he said.
Council President Richard Mathews said citizens who feel that they have been wronged by a code enforcement officer can appeal their case to the district magistrate. Council members David Lillard and Cody Gilbert expressed interest in keeping the board and naming citizens to serve.
The council and staff will continue to review Hazlett’s request and discuss it further at their June meeting.
