Bakersfield Municipal Code Ch. 15.54 Handicapped Access Appeals Board

There is created the board of appeals for handicapped access consisting of five members appointed by the city council. Two members shall be physically handicapped persons, two shall be persons experienced in construction, and one member shall be a public member. (Ord. 3287 § 1, 1990)

A. The board of appeals for handicapped access shall hear written appeals brought by any person regarding action taken by the building department of the city in enforcement of the requirements of Part 5.5 of Division 13 (Sections 19955 through 19959) of the California Health and Safety Code.

B. The board shall conduct hearings on written appeals made under subsection A, above, and may approve or disapprove interpretations of the specified Health and Safety Code sections and enforcement actions taken by the building department of the city. All such approvals or disapprovals shall be final and conclusive as to the building department in the absence of fraud or prejudicial abuse of discretion.

C. The board shall adopt reasonable rules and regulations, consistent with the purposes of the Health and Safety Code and provisions of this chapter for conducting its hearings.

D. The planning director and the building director shall serve in an advisory capacity to the board on all matters which may come before it. (Ord. 3287 § 1, 1990)

A. Appeals shall be filed in writing with the building director within ten days of the action taken by the building department, and shall be heard by the board within thirty days of filing. No appeal shall be accepted unless it is accompanied by the applicable fee, which shall be in an amount necessary and appropriate to reimburse the city for all costs related to the processing of and acting upon each such appeal, as set forth in Section 3.70.040 of the Bakersfield Municipal Code.

B. Notice of the time, place and subject matter of the hearing shall be mailed not less than ten days prior to the hearing to the applicant, to each member of the board, and to any person having a direct property interest in the subject matter of the hearing.

C. At its hearing, the board shall hear testimony of all interested persons. A summary of all pertinent testimony offered at the hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued to a time and place certain.

D. Within thirty days after the conclusion of the hearing, the board shall render its decision on the matter so heard. The failure of said board to render such decision within thirty days shall be deemed to constitute a denial of the appeal in favor of the decision of the building department. Within five days of the final decision, the board shall mail notice of such decision to the applicant at the address shown upon the application, to the building director, and to any other person who has filed notice in writing with the building director requesting a copy of the notice of decision. (Ord. 3287 § 1, 1990)