Gardena Municipal Code Ch. 15.02 Building Appeals Board

A. There shall be a building appeals board which shall consist of five members. The building appeals board shall be the "local appeals board," the "housing appeals board," and the "board of appeals" as those phrases are defined and used in the California Building Standards Code or any other code under this title as the same may apply to the city of Gardena either by express adoption or by operation of law.

B. Regardless of any provision to the contrary in any provision of the California Building Standards Code or any other code under this title, the provisions of this chapter shall govern all appeals.

(Ord. 1720 § 1 (part), 2010)

A. Each councilmember shall nominate one member who shall be appointed by the mayor subject to ratification by the council.

B. Each member shall be knowledgeable in the California Building Standards Code and applicable ordinances of the city of Gardena. Members need not be residents of the city.

C. A vacancy on the building appeals board shall be filled in the same manner as the appointment.

D. Members of the appeals board shall receive no compensation. However, the members shall be reimbursed for any expense incurred in the performance of their duties.

(Ord. 1720 § 1 (part), 2010)

A. The term of office for each member of the building appeals board shall be coterminous with the expiration of the actual tenure of the member of the council who nominated the member.

B. Each member shall serve at the pleasure of the council, and such appointments may be terminated by a majority vote of the membership of the council.

C. All members of the building appeals board shall serve until their respective successors are appointed.

D. Members may be reappointed.

(Ord. 1720 § 1 (part), 2010)

As an alternative to establishing its own building appeals board, the city may utilize the services of a building appeals board of a neighboring jurisdiction within Los Angeles County.

(Ord. 1720 § 1 (part), 2010)

The building appeals board shall meet only when:

A. An appeal is filed pursuant to this chapter; or

B. The chief building official or the fire code official calls a special meeting of the building board of appeals in order to request advisory comments regarding issues related to this chapter, such as the potential adoption of new codes, proposed code changes, or alternate methods and materials.

(Ord. 1720 § 1 (part), 2010)

A. Any person adversely affected by a determination made by the chief building official or fire code official in administering or enforcing any provision of this title, except Chapter 15.48, may appeal the determination to the building appeals board.

B. Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the city council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

C. The appeal shall be filed with the chief building official no later than ten days after receipt of written notice of the determination and the appeal provisions of this chapter. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the building appeals board and a failure to exhaust administrative remedies.

D. Within forty-five days of receiving an appeal, the chief building official shall schedule a hearing before the building appeals board which shall consider relevant evidence presented at the hearing. Appellant shall be given at least ten days' written notice of the date and time of the hearing.

E. The building appeals board shall render a final written decision with findings within a reasonably prompt time after the filing of the appeal. The authority of the building appeals board to render a written decision shall be limited to the scope of authority of the chief building official or fire code official in the first instance and the building appeals board shall have no authority to waive a requirement of this title.

F. The decision of the building appeals board shall be final and conclusive. The written decision shall be sent to the appellant and shall provide that, pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced in an appropriate court of law not later than the ninetieth day after the date that the decision becomes final.

(Ord. 1720 § 1 (part), 2010)

Unless otherwise designated by the city manager, the chief building official shall be the principal city staff liaison to the building appeals board.

(Ord. 1720 § 1 (part), 2010)