Adelanto Municipal Code Ch. 2.26 Access Appeals Board

There is created an Access Appeals Board for the City. It shall consist of five (5) regular members recommended by the City Manager and subject to approval by the City Council. Pursuant to Health and Safety Code Section 19957.5, those members recommended by the City Manager and approved by the City Council shall include two (2) physically disabled persons, two (2) members experienced in construction, and one (1) public member.

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 shall serve, subject to reappointment as herein above prescribed.

The Chairman for 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 a written appeal is filed, by the Building Official, or by the City Council, 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 Access Appeals Board shall have the power to hear and act upon written appeals filed by any person who wishes to appeal disabled access orders, decisions or determinations made by the City Building and Safety Division.

B. The Board shall conduct hearings on written appeals and may approve or disapprove interpretations of the accessibility provisions of the State of California Health and Safety Code and Title 24 and may approve or disapprove the enforcement actions taken by the City's Division of Building and Safety. All such approvals or disapprovals shall be final and conclusive as to the Division of Building and Safety, in the absence of fraud or prejudicial abuse of discretion. Items which are subject to appeal are those which are not mandated by Code or State or Federal law.

C. Ratification of a determination of an unreasonable hardship exemption from the application of a disabled access requirement shall be made by the Access Appeals Board whenever reference is made to California Title 24, Section 110(10)d prior to such determination becoming effective.

D. The Board shall not be empowered to waive disabled access requirements of the State mandated Codes.

E. The Board shall receive and consider suggestions for changes in Building and Safety disabled access policy matters from interested citizens and other persons interested in the City. Upon review of any suggestion relative to Building and Safety disabled access 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.

F. The functions, powers and duties of the Access Appeals Board shall not be construed as preempting or otherwise interfering with the function of other commissions or boards or committees or officers 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.

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