Alameda Municipal Code § 2-17 Housing and Building Code Hearing and Appeals Commission

Footnotes:

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Editor's note— Ord. No. 3029 N.S., § 1, adopted April 5, 2011, amended § 2-17 in its entirety and enacted the provisions set out herein. The former § 2-17 pertained to Commission on Disability Issues and derived from Ord. No. 2931 N.S., § 1. Ord. No. 3046 N.S., § 3, adopted June 6, 2012, changed the name of § 2-17 from Housing and Building Code Hearing and Appeals Board to Housing and Building Code Hearing and Appeals Commission.

State Law reference— Uniform Codes Relating to Building, Housing and Technical Codes, §§ 13-1—13-11.

Editor's note— Ord. No. 3240 N.S., § 1, adopted May 7, 2019, repealed §§ 2-17, 2-17.1.1 and 2-17.1.2, which pertained to definitions and derived from Ord. No. 3029 N.S., adopted April 5, 2011 and Ord. No. 3046 N.S., adopted June 6, 2012.

There is hereby created a commission, which shall be known as the Housing and Building Code Hearing and Appeals Commission.

(Ord. No. 3029 N.S., § 1, 4-5-2011; Ord. No. 3046 N.S., § 3, 6-6-2012)

a. The Commission shall consist of three (3) members of the Historical Advisory Board as outlined in AMC Section 2-11.5, subsections a through c.

b. Upon nomination of the Mayor, the City Council shall appoint, between May 1 and July 1 of each year, such members as are necessary to maintain a full Board, for terms commencing on the first day of July following such appointment and continuing for four (4) years thereafter until the successor of such member is appointed and qualified.

c. No person shall be eligible for the office held by that person for two (2) consecutive terms immediately prior to the term for which the person seeks appointment.

d. A member of the Commission may be removed by the vote of a majority of the Council. A vacancy in the office of a member shall be filled for the unexpired term by nomination and appointment by the Mayor and the City Council, respectively, for the duration of the unexpired term of office.

(Ord. No. 3029 N.S., § 1, 4-5-2011; Ord. No. 3046 N.S., § 3, 6-6-2012; Ord. No. 3240 N.S., § 1, 5-7-2019)

a. The Commission shall meet as necessary to perform the duties outlined in subsection 2-17.4. Meetings shall be held on a fiscal year schedule, running July 1 through June 30. The Commission shall have the power to establish rules for its proceedings.

b. The votes of a majority of the entire membership of the Commission shall be necessary to take any action thereof, except where one or more members are unavailable due to recusal (conflicts of interest), the remaining Commissioners may hear the matter, but unanimity will be required where applicable.

(Ord. No. 3029 N.S., § 1, 4-5-2011; Ord. No. 3046 N.S., § 3, 6-6-2012; Ord. No. 3240 N.S., § 1, 5-7-2019)

It shall be the duty of the Housing and Building Code Hearing and Appeals Commission to:

a. Hear and decide appeals from orders, decisions or determinations made by the Building Official regarding the application and interpretation of the Alameda Administrative Code, the Alameda Building Code, the Alameda Residential Code, the Alameda Historical Building Code the Alameda Electrical Code, the Alameda Plumbing Code, the Alameda Mechanical Code, the Alameda Code for the Abatement of Dangerous Buildings, the Alameda Housing Code, the Alameda Energy Code, the Alameda Mechanical Code, the Alameda Green Building Standards Code and all determinations made by the Fire Chief regarding the application of the Alameda Fire Code.

b. Hear and decide appeals from orders, decisions or determinations made by the Building Official regarding the requirements of the City relating to the use, maintenance and change of occupancy of hotels, motels, lodging houses, apartment houses and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alterations, additions, repair, demolition and moving of such buildings.

c. Render all decisions and findings in writing to any appellant with a duplicate copy to the Building Official.

d. To perform such other duties as may be assigned to it by the City Council.

(Ord. No. 3029 N.S., § 1, 4-5-2011; Ord. No. 3046 N.S., § 3, 6-6-2012; Ord. No. 3240 N.S., § 1, 5-7-2019)

a. Members of the Commission shall be persons who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City of Alameda. The City Council shall endeavor to appoint persons who are knowledgeable in the construction or design of buildings and who are familiar with the content and application of the Uniform Codes.

b. The Building Official, or his/her designee, shall be an ex officio member of the Commission, but shall have no vote on any matter before the Commission.

c. The Commission shall have no authority relative to interpretation of the administrative provision of the Building Code nor shall the Commission be empowered to waive requirements of the Building Code.

(Ord. No. 3029 N.S., § 1, 4-5-2011; Ord. No. 3046 N.S., § 3, 6-6-2012; Ord. No. 3240 N.S., § 1, 5-7-2019)