§ 6-11 number to serve as vice-chairperson, who shall preside in the absence of the…

• Sec. 6-11.5. To determine time, place of meetings. The building advisory and appeals board shall hold its meetings at such time and place as it determines by resolution.

• Sec. 6-11.6. Special meetings. Special meetings of the building advisory and appeals board may be called pursuant to the provisions of Government Code, Section 54956.

• Sec. 6-11.7. Jurisdiction generally. The building advisory and appeals board shall have the following jurisdiction:

  • Sec. 6-11.7.1. Use of alternative materials, construction. Whenever a person proposes to use materials and/or methods of construction which are not in conformance with the laws of the city, but which, in the opinion of such person, are as suitable as the required materials and methods, he or she may propose the use of alternate materials and/or methods of construction to the board for approval.

  • Sec. 6-11.7.2. Refusal to issue permits. The refusal of the building official to issue any permit required by the city building department may be appealed by the applicant to the board.

  • Sec. 6-11.7.3. Notice to abate public nuisance. The action of the building official in issuing a correction notice or a notice to abate a public nuisance may be appealed to the board.

  • Sec. 6-11.7.4. Interpretation of city codes. The decision of the building official in interpreting provisions of the building code, electrical code, plumbing code, mechanical code and the housing, dangerous building and property maintenance codes, in full force and effect in the city, may be appealed to the board.

  • Sec. 6-11.7.5. The building advisory and appeals board shall have no authority relative to interpretation of the administrative provisions of this code or the administrative provisions of the technical codes, nor shall the board be empowered to waive requirements of either this code or the technical codes.

• Sec. 6-11.8. Appeal procedures. The procedures for making appeals to the building advisory and appeals board shall be as follows:

  • Sec. 6-11.8.1. Time for making appeal. Appeals to the board must be initiated within 10 days from the act, decision or interpretation which is the subject of the appeal.

  • Sec. 6-11.8.2. Form of appeal; contents. An appeal to the board must be in the form of a written statement delivered to the clerk of the board within the time prescribed by subsection (1) of this section. The written appeal must contain the name, address and telephone number of the appellant and a statement of the act, decision or interpretation being appealed. The appeal must contain a brief statement of the basis for the appellant's contention that the act, decision or interpretation in dispute was erroneous. Only those grounds stated in the written appeal may be considered by the board.

ection. The written appeal must contain the name, address and telephone number of the appellant and a statement of the act, decision or interpretation being appealed. The appeal must contain a brief statement of the basis for the appellant's contention that the act, decision or interpretation in dispute was erroneous. Only those grounds stated in the written appeal may be considered by the board.

• Sec. 6-11.8.3. When to consider, hear an appeal. The board shall consider an appeal at its next regular meeting after the filing of the appeal, unless the next regular meeting of the board is less than 10 days from the date of filing the appeal. If an appeal is filed less than 10 days prior to the next regular meeting of the board, the appeal shall be

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City of Escondido, CA § 6-11

ESCONDIDO CODE

§ 6-12

heard at the next succeeding regular meeting of the board, but, in no event, shall more than 60 days elapse from the filing of an appeal and the hearing thereon, without consent of the appellant to the later date.

• Sec. 6-11.8.4. Hearing, considering appeal. An appeal to the board shall be heard and considered by the board in a public meeting. The hearing may be continued from time to time as the board may deem proper to reach a just decision on the appeal. At the time of the hearing of the appeal by the board, the appellant or his or her legal representative shall be heard by the board. The appellant may present any oral and legal arguments and evidence he or she wishes in prosecuting his or her appeal. The building director shall present a written report concerning the appeal, a copy of which shall be delivered to the appellant no later than the hearing date.

• Sec. 6-11.8.5. Expert testimony. The board may require an appellant to present the reports of experts bearing on the subject matter of the appeal. The responsibility for, and the expense of obtaining and presenting expert reports is that of the appellant. The hearing on appeal may be continued from time to time pending the receipt of the reports of experts required to be presented by the board.

• Sec. 6-11.8.6. Board to reach, report decision. At the conclusion of a hearing on appeal, the board shall deliberate in public meeting and reach a decision on the merits of the appeal. The decision of the board, together with such reasons as the board cares to express, shall be reported in the form of a formal resolution.

• Sec. 6-11.9. Decision of appeals board subject to appeal to council. The decision of the building advisory and appeals board on an appeal to it may be appealed to the council within 10 days of the disputed decision. The procedure of the appeal shall be as expressed in section 6-11.8.

Sec. 6-11.10. Fee for filing appeal to council. There shall be a filing fee of $100 payable to the clerk at the time of filing an appeal to the council. (Ord. No. 2021-14R, § 4, 3-2-22)