Apple Valley Municipal Code Ch. 2.26 Board of Building and Safety Appeals

There is created a Board of Building and Safety Appeals for the Town. It shall consist of five regular members recommended by the Town Manager and subject to approval by the Town Council. Those members recommended by the Town Manager and approved by the Town Council should be qualified by experience and training in one or more areas relating to the construction industry, engineering, architecture or related matters. The Board shall consist of one registered civil engineer, one registered architect, one registered professional engineer, one licensed general contractor and one licensed specialty contractor.

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

The Chairperson for the Board shall be elected by the Board and shall preside at all meetings of the Board. The Board shall select a Vice-Chairperson who acts in the Chairperson'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 shall be called when an appeal is filed, by the Town Council, or by the Chair or a majority of the Board, provided notice has been given to all members at least 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, 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 Town Council.

The Board of Building and Safety Appeals for the Town 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 Town Building and Safety Division relative to the application and interpretation of the Municipal Code as adopted by the Town of Apple Valley. Items which are subject to appeal are those which are not Code mandated.

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 Town.

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

All Board decisions are appealable to the Town Council in accordance with Chapter 2.04.110 of Title 2.

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

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

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 officers which are empowered or mandated by law or ordinance of other regulation to act upon certain matters or make recommendations to the Town Council concerning the repeal of or amendment to Town ordinances or regulation or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.

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 Building and Safety Division.

(Ord. 80, 3-12-91)