Chapter 2.24 — BOARD OF BUILDING AND SAFETY APPEALS

Sections:

2.24.010 Created

2.24.012 Term of Office

2.24.014 Chair - Committees - Staff

2.24.016 Meetings

2.24.018 Compensation of Members

2.24.020 Functions, Powers and Duties

2.24.022 Rules - Records and Meetings

There is created a Board of Building and Safety Appeals for the City. The Board shall consist of five (5) regular members recommended by the Building Official and subject to approval by the City Council. Those members recommended by the Building Official and approved by the City Council should be qualified by experience and training in one (1) or more areas relating to the construction industry, engineering, architecture or related matters. The Board shall consist of one (1) registered civil engineer, one (1) registered architect, one (1) registered professional engineer, one (1) licensed general contractor and (1) one licensed specialty contractor. The members of the Board need not reside in the City.

Terms of office for regular Board members shall be four (4) years. There shall be no limit to the number of terms any Board member may serve, subject to reappointment as herein above prescribed.

The Chairman of the Board shall be elected by the Board and shall preside at all meetings of the Board. The Board shall select a Vice Chairman who acts in the Chairman's absence. The Board shall be authorized to appoint and fix the membership of such number of standing and temporary sub-committees as it may find expedient for the performance of its duties. The Building Official shall be an ex officio member of the Board and shall act as secretary to the Board and review any appeal to verify its validity but shall have no vote upon any matter before the Board.

Meetings of the Board shall be called when an appeal is filed, by the City Council, by the Building Official or by the Chairman or a majority of the Board, provided notice has been given to all members at least twenty-four (24) hours prior to the meeting and as otherwise required by law. A majority of the Board members shall constitute a quorum. A majority vote of the quorum, but not less than two (2), shall be required to pass a motion or other enactment.

No direct compensation shall be paid to Board members; however, members shall be reimbursed for actual and necessary expenses, including travel expenses incurred in the discharge of their duties as members of the Board, authorized by the City Council.

A. The Board of Building and Safety Appeals for the City shall have the power to hear and act upon appeals filed by an applicant who wishes to appeal orders, decisions or determinations made by the City Building and Safety Division relative to the application and

interpretation of the Municipal Code as adopted by the City. Items which are subject to appeal are those which are not mandated by the Code or State law.

B. The Board shall have no authority relative to interpretation of the administrative provisions of the Code nor shall the Board be empowered to waive requirements of the Code adopted by the City.

C. The Board shall receive and consider suggestions for changes in Building and Safety policy matters from interested citizens and other persons interested in the City. Upon review of any suggestion relative to Building and Safety policy matters, the Board shall refer its recommendations for changes to the City Council. If no changes are recommended, then no referral will be made.

D. The Board shall have the power to act in other situations as provided by City ordinance or law and may act as the appeals board for public nuisances or for appeals of vehicle abatement.

E. The functions, powers and duties of the Board of Building and Safety Appeals shall not be construed as preempting or otherwise interfering with the function of other commissions or boards or committees or offices which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the City Council concerning the repeal of or amendment to City ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

F. Appeals.

1. All Board decisions are appealable to the City Council in accordance with Section2.04.080 et seq. of this Code.

2. The Building Official shall reserve the right to refer any decision on appeal to the City Council.

The Board of Building and Safety Appeals shall keep a public record of its proceedings, findings and determinations. Minutes of the Board shall be kept on file with the City's Building and Safety Division.