Fullerton Municipal Code Ch. 14.02 Appeals

(A) In order to provide for final interpretation of the provisions of this code and to hear appeals authorized by this title, there is hereby established a Board of Appeals consisting of the seven persons then serving on the City Planning Commission. The Building Official shall be an ex officio member of, and shall act as, Secretary to the Board of Appeals. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official.

(B) Copies of all rules adopted by the Board shall be delivered to the Building Official, who shall make them freely accessible to the public.

(Ord. 3205, passed - -2013)

The Board of Appeals shall have no authority to waive requirements of this code.

(Ord. 3205, passed - -2013)

(A) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better construction is proposed.

(B) Any person may appeal any correction notice, order to correct, or any action of the Building Official under this code by filing with the office of the Building Official an appeal in writing containing:

(1) A heading in the words: “Before the Board of Appeals of the City of Fullerton”;

(2) Caption reading: “Appeal of, .” giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice, order or action;

(4) A brief statement in ordinary and concise language detailing the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(5) A brief statement in ordinary and concise language of the relief sought and the reasons why the protested order or action should be reversed, modified or otherwise set aside;

(6) The signatures of all parties named as appellants and their official mailing addresses; and

(7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

(C) The appeal should be filed within 30 days of the date of the correction notice, order to correct or other Building Official action.

(Ord. 3205, passed - -2013)

Upon receipt of an appeal in writing filed pursuant to this section, the Building Official shall present it at the next regular or special meeting of the City Planning Commission, which shall hear the appeal sitting as the Board of Appeals.

(Ord. 3205, passed - -2013)

(A) Within 30 days of receiving the written appeal, the Secretary of the Board 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 60 days from the date the appeal was received by the Building Official.

(B) Written notice of the time and place of the hearing shall be given no later than ten days prior to the date of the hearing to each appellant by the Secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.

(Ord. 3205, passed - -2013)

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. The Board of Appeals shall not be limited by the rules of evidence and shall hear all relevant evidence. The Board shall have the authority to exclude irrelevant or unnecessarily repetitive evidence.

(Ord. 3205, passed - -2013)

The decision of the Board of Appeals is final and the Building Official shall be directed to act in accordance with the decision. The Board of Appeals’ decision shall be provided to the appellant in the same manner as the notice of hearing pursuant to § 14.02.050 . The Board’s decision shall issue no later than ten days following the hearing, and shall provide reference to Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.

(Ord. 3205, passed - -2013)