Fresno Municipal Code Art. 5 Appeals

This article shall be known and cited as the "Appeals Code." When used in this article "this article" means the Appeals Code. (Added Ord. 97-71, § 1, 1-4-98).

The purpose of this article is to establish a uniform and consistent procedure for appeals from Notice and Orders served for violations of the Fresno Housing Regulations and the Dangerous Building Ordinance. (Added Ord. 97-71, § 1, 1-4-98).

The provisions of this code shall apply to appeals from Notice and Orders served pursuant to Chapter 11, Article 3 and Chapter 11, Article 4 of the Fresno Municipal Code. (Added Ord. 97-71, § 1, 1-4-98).

(a) General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official and/or Code Enforcement relative to the application and interpretations of the Housing Regulations (Chapter 11, Article 3) or the Dangerous Building Ordinance (Chapter 11, Article 4), there shall be and is hereby created a Building Standards Appeals Board consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Building Standards Appeals Board shall be appointed by the Mayor and ratified by the governing body and shall hold office in four-year terms. Appeals to the Board shall be processed in accordance with Chapter 1, Article 4 of this Code and any Bylaws adopted by the Building Standards Appeals Board. If appointments to the Building Standards Appeals Board have not been made or the Building Standards Appeals Board is deemed to be inactive, all appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Housing Regulations (Chapter 11, Article 3) or the Dangerous Building Ordinance (Chapter 11, Article 4) shall by heard by the Hearing Officer pursuant to Chapter 1, Article 4.

(b) Limitations of Authority. The Building Standards Appeals Board shall have no authority relative to interpretations of the administrative provisions of this article nor shall the Building Standards Appeals Board be empowered to waive requirements of any provisions of the Fresno Municipal Code.

(Added Ord. 97-71, § 1, 1-4-98; Ord. No. 2014-27, § 1, eff. 7-19-14; Am. Ord. 2025-020, § 1, eff. 7-18-25).

Editor's note— Ord. 2025-020, § 1, effective July 18, 2025, amended the title of § 11-504 to read as herein set out. The former § 11-504 title pertained to Building Commission.

Failure of any person to file an appeal in accordance with the provisions of this article shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or portion thereof. The provisions of this notice and order will become final.

(Added Ord. 97-71, § 1, 1-4-98; Am. Ord. 2025-020, § 1, eff. 7-18-25).

Editor's note— Am. Ord. 2025-020, § 1, effective July 18, 2025, repealed §§ 11-505—11-509, which pertained to appeals and derived from Ord. 97-71, § 1, effective January 4, 1998. Subsequently, Ord. 2025-020, § 1, effective July 18, 2025, renumbered the former § 11-510 as § 11-505. The historical notation has been retained with the amended provisions for reference purposes.