Chula Vista Municipal Code Ch. 2.26 Board of Appeals and Advisors

Sections:

• 2.26.010 Creation.

• 2.26.020 Purpose and intent.

• 2.26.030 Functions and duties.

• 2.26.040 Membership. 2.26.050 Meeting frequency.

***** For state law adopting building codes and other codes to apply as housing construction regulations throughout the state, see Health & Safety Code § 17922.

There is hereby created a Board of Appeals and Advisors. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Board. (Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1; Ord. 1002 § 1; prior code § 2.91).

It is the purpose and intent of the City Council in establishing the Board of Appeals and Advisors to create an advisory body to serve as a resource to advise and make recommendations to the City Council, the City Manager, the Building Official, and the Fire Chief on matters relating to building construction. The Board of Appeals and Advisors shall also, when appointed to do so by the City Manager or designee, act as an appellate body for persons affected by decisions of specified City officers (as defined in CVMC 2.26.030(D)) arising out of the current California Building Codes as adopted and amended by the City. The Board of Appeals and Advisors shall be those appeal boards required by California Building Code Section 1.8.8.2 and Health and Safety Code Sections 17920.5 and 17920.6, unless otherwise agreed upon by the involved parties. (Ord. 3435 § 1, 2018; Ord. 3211 § 1, 2011; Ord. 2790, 1999; Ord. 2439 § 2, 1991; Ord. 1465 § 1, 1973; Ord. 1235 § 1; Ord. 1002 § 1; prior code § 2.91(a)).

The function and duties of the Board of Appeals and Advisors shall be as follows:

• A. Create a forum for City-wide discussions, research, and analysis of critical issues of building construction.

B. Where authorized by a building code adopted by the City, to investigate, to advise, and to act as an appellate body on decisions by City officials as to the suitability of alternate materials or methods of construction.

C. Conduct public hearings and recommend to the City Council the passage of new legislation pertaining to the design and construction of buildings.

D. Act as an administrative appellate body, when assigned appeals by the City Manager, in lieu of the hearing officer described in Chapter 1.40 CVMC, to hear and decide appeals of orders, decisions, and determinations made by the City Manager, Code Enforcement Officer, Fire Chief, or Building Official (collectively “City Officers” for purposes of this chapter) relative to the application and interpretation of City-adopted building codes, as adopted and amended by CVMC Title 15, governing use (including abatement and nuisances), maintenance, and the change of occupancy. Hearings of the Board shall be conducted in accordance with the procedures set forth in such building codes, particularly the Uniform Code for the Abatement of Dangerous Buildings, or the provisions of Chapters 1.30 and 1.40 CVMC. The decision of the Board shall be final. (Ord. 3435 § 1, 2018; Ord. 3211 § 1, 2011; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 2439 § 2, 1991; Ord. 1235 § 1; Ord. 1002 § 1; prior code § 2.91(b)).

The Board of Appeals and Advisors shall consist of no less than three, but no more than five, voting members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC and shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. (Ord. 3435 § 1, 2018; Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1; Ord. 1002 § 1; prior code § 2.91(c)).

The Board’s meeting schedule shall include at least one regular meeting per year, at the day, time, and location established by written resolution of the Board. In addition, the Board may hold special meetings, as determined by the City Manager or designee, at the noticed time and location. (Ord. 3435 § 1, 2018; Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1; Ord. 1002 § 1; prior code § 2.91(c)).