Coachella Municipal Code Ch. 2.44 Board of Appeals

A board of appeals is established to hear and decide appeals of acts, determinations or orders made by the building official, or the building official's designees, pertaining to the application and interpretation of the Uniform Administrative Code, the Uniform Building Code, the Uniform Housing Code, the Uniform Code for Abatement of Dangerous Buildings and all other technical codes adopted by the city.

(Prior code § 2-176)

A. The board of appeals shall consist of three members who shall be qualified by experience or training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the city. Such persons need not be residents of the city. Each member shall be appointed by a majority vote of the city council for a two year term; but each member shall serve at the pleasure of the city council.

B. Any member of the board of appeals may be removed from office, with or without cause, at any time by the city council. No such removal shall be effective unless a motion to that effect is made at a meeting of the city council and is carried by the affirmative votes of not less than three members of the city council.

C. Whenever a vacancy occurs on the board of appeals, such vacancy shall be filled in the manner set forth in subsection A of this section. Where a vacancy occurs leaving an unexpired term, the subsequent appointment shall be made for the balance of such unexpired term.

D. Each member of the board of appeals shall be entitled to such compensation as may be set by the city council. Such members shall be entitled to reimbursement for expenses incurred in the performance of their duties if the same is approved, in advance, by the city council. The board of appeals shall not have the authority to expend or authorize the expenditure of any public funds.

(Prior code § 2-177)

Annually, the board of appeals shall elect one of its members to act as chairperson and one of its members to act as secretary. Such election shall take place at the first regular meeting after the appointment of the initial board, and annually thereafter.

(Prior code § 2-178)

A. All meetings of the board of appeals shall be conducted in accordance with the Brown Act.

B. The board of appeals shall adopt rules of procedures for conducting its meetings and business with the approval of the city attorney. It shall keep a record of its proceedings.

C. Any member of the board of appeals who is absent, without sufficient cause, from two successive regular meetings of the board of appeals shall be deemed to have vacated his or her office. An absence due to illness or other unavoidable cause shall be deemed an excused absence provided notice thereof is given to the secretary of the board by such member as soon as practicable.

D. A quorum shall consist of two members, and any action by the board of appeals shall require an affirmative vote of not less than two members.

(Prior code § 2-179)

The board of appeals is vested with the power to hear and decide appeals of acts, determinations or orders made by the building official, or the building official's designees, pertaining to the application and interpretation of the Uniform Administrative Code, the Uniform Building Code, the Uniform Housing Code, the Uniform Code for Abatement of Dangerous Buildings and all other technical codes adopted by the city.

(Prior code § 2-180)

This section shall govern appeals of any and all acts, determinations or orders of the building official, or the building official's designees.

A. Any person affected by any act, determination or order of the building official, or the building official's designee, may appeal same to the board of appeals. The appeal shall be filed in writing with the city clerk within thirty (30) days from the date of service of the notice or the action of the building official, or the building official's designees, from which the appeal is being taken; provided, however, that if the building or structure is in such a condition as to make it immediately dangerous to life, limb, property, or safety of the public, occupants, or adjacent property, and is ordered vacated and is posted in accordance with Section 404 of the Uniform Code for the Abatement of Dangerous Buildings or Section 1104 of the Uniform Housing Code, such appeal shall be filed within ten (10) days from the date of service.

B. Unless an appeal is filed within such time period, any action determination or order of the building official, of the building official's designee, from which an appeal may be taken shall become final; and the board of appeals shall lack jurisdiction to act on any appeal from such final actions, determinations or orders. No appeal shall be valid unless accompanied by the appropriate fee.

C. The appeal shall identify the specific action, determination or order of the building official, or the building official's designees, from which the appeal is taken, specify the grounds for the appeal and identify the relief requested from the board of appeals, contain the names, addresses, and signatures of all parties named as appellants, and the verification of at least one appellant as to the truth of the matters stated in the appeal. The board of appeals shall lack jurisdiction to consider or act upon any matter not contained in said statement of appeal.

D. A verbatim transcript of the hearing before the board of appeals on the subject matter of the appeal shall be prepared provided that the appellant shall so request it in writing and deposit the cost of its preparation with the city clerk within ten (10) days of the filing of the notice of appeal.

E. Upon receipt of the appeal, the building official, or the building official's designees, shall prepare the record before the board of appeals on the subject matter of the appeal. The building official, or the building official's designees, shall prepare a written response to the appeal. The response shall contain a recommendation on the appeal, proposed findings to deny the appeal and proposed finings to support the appeal together with any appropriate conditions. The response shall be made available at least seventy-two (72) hours prior to the hearing on the appeal.

F. After receipt of the appeal, the board of appeals shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal or as soon thereafter as may be practicable. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant shown on the appeal by the secretary by causing such notice to be delivered to the appellant by personal service or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

G. The board of appeals may deny the appeal or may grant the appeal, in whole or in part, together with any conditions which could have been imposed by the building official, or the building official's designees.

H. Within ten (10) days, or as soon thereafter as may be practicable but not to exceed ninety (90) days, following the conclusion of the hearing, the board of appeals shall render its findings and decision in writing. A copy of the decision shall be delivered to the appellant by personal service or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal, and a duplicate copy shall be delivered to the building official, or the building official's designees. Such notice shall contain the following admonition:

Judicial review of any administrative decision of the board of appeals may be had pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate pursuant to such section is filed with the superior court no later than ninety (90) days following the date on which the decision becomes final.

(Prior code § 2-181)

This section shall govern the conduct of the hearing on appeal.

A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence about which reasonable persons are accustomed to rely in the conduct of serious affairs, including hearsay evidence provided that such evidence alone shall be insufficient to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. The chairperson may preclude the introduction of any irrelevant evidence.

B. At any hearing pursuant to this chapter, the board of appeals shall hear oral evidence taken only on oath or affirmation.

C. The board of appeals may take official notice of any fact which may be judicially noticed by the courts of this state or of official records, rules and regulations of the board of appeals, and official records of departments and ordinances of the city, provided that the parties are informed of the matters to be noticed, the matters are noted in the record, and the parties be given a reasonable opportunity to refute the officially noticed matters.

D. The board of appeals may inspect any building or premises involved in the appeal during the course of the hearing provided that:

1. Notice of the inspection shall be given to the parties prior to the inspection;

2. The parties shall be given an opportunity to be present during the inspection;

3. Upon completion of the inspection, the board of appeals shall state for the record the material facts observed and the conclusions drawn therefrom;

4. Each party shall have the right to rebut or explain the matters so stated by the board of appeals; and

5. No party or person may examine any member of the board of appeals.

E. Each party shall be entitled to the following procedural rights:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence; and

6. To be represented by anyone who is lawfully permitted to do so.

F. Any action or decision of the board of appeals on an appeal shall require a majority vote of the board of appeals. In the absence of such a majority vote, any appeal and related request shall be deemed to have been denied by the board of appeals.

G. Any action taken on any appeal shall be taken by a roll call vote of the members of the board of appeals. Any abstention by any member who was present at the hearing shall constitute an affirmative vote on any motion regarding the appeal.

H. The building official shall ensure that a record of any such hearing shall be made and duly preserved, provided that a deposit is made prior to the hearing and that the total cost thereof is paid before such record is made available.

I. Any hearing conducted under this section may be continued from time to time. If such a hearing is continued at the request of an appellant, such a continuance shall constitute a waiver of any applicable time period in which to take action on the appeal.

(Prior code § 2-182)