Ceres Municipal Code Ch. 14 Board of Building and Construction Appeals

In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Green Building Standards, the California Historical Code, the California Existing Building Code, and the California Residential Code, and to hear appeals as provided for in said codes, the City Council may appoint a Board of Building and Construction Appeals (hereinafter referred to as the "Board") consisting of five members who are not City staff or members of City Council, who are qualified by experience and training to pass upon matters pertaining to building construction and safety. The Building Official shall be an ex-officio member of the Board without power to vote and shall act as secretary of the Board.

(Ord. No. 2020-1058, § 1, 3-23-2020)

The Board shall be appointed by the City Council and shall hold office at its pleasure. Board members may be removed by a majority of the City Council for cause or otherwise. The employment, performance evaluation, compensation, and benefits of the Board shall not be directly or indirectly conditioned upon the amount of administrative decisions, orders, or determinations made by the Building Official upheld by the Board.

(Ord. No. 2020-1058, § 1, 3-23-2020)

The Board may recommend to the City Council such new legislation but these recommendations shall not be binding upon the City Council. The Board may advise and make recommendations to the Building Official in the interpretation of the codes set forth in this title, but such interpretations shall not be binding of the Building Official.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Except as otherwise provided herein, the Board shall adopt reasonable rules and regulations for conducting its business. A quorum for conducting business shall be at least three voting members.

(Ord. No. 2020-1058, § 1, 3-23-2020)

A. The Board shall hear appeals relating to decisions, orders, or determinations made by the Building Official relating to the application of the various codes set forth under this title, which adversely affect any person, firm, or corporation.

B. All appeals shall be in writing and shall be directed to the Building Official within ten days of the appellant(s)'s receipt of written notice of the decision to be appealed. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than ten days nor more than 45 days from the date the appeal was filed with the Building Official.

C. Written notice of the date, time, and location of the hearing shall be served to the appellant (s) at least ten days prior to the date of the hearing by the Building Official either by personal service or by certified mail where postage thereof is prepaid and return receipt requested. Mailings shall be addressed to the appellant(s) at the address(es) shown on the appeal.

D. The hearing shall be informal in nature and the Board may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which shall provide a fair and impartial hearing. The administrative decision upon which the appeal is based may be reversed or modified only by an affirmative vote of a majority of the authorized membership of the Board. A vote of less than a majority of the Board shall result in upholding the original administrative decision.

E. The Board's decision shall be in writing and shall be rendered within 15 days after the close of the hearing. All decisions shall be delivered to the Building Official with a copy to the appellant. The Board's decisions relating to appeals shall be binding.

F. Decisions made by the Board may be appealed to City Council pursuant to title 1 General Appeal Process.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Notwithstanding sections 15.14.010 to 15.14.050 of this chapter, the City may authorized the Stanislaus County Building Code Board of Appeals to hear appeals relating to decisions, orders, or determinations made by the Building Official relating to the application of the various codes set forth under this title, which adversely affect any person, firm, or corporation. If authorized, the Stanislaus County Building Code Board of Appeals shall be authorized to hear such appeals subject to the rules of the Stanislaus County Building Code Board of Appeals.

(Ord. No. 2020-1058, § 1, 3-23-2020)