Hemet Municipal Code Div. 7 Access Appeals Board

Footnotes:

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Editor's note— Ord. No. 1534, adopted Jan. 22, 1996, amended the Code by the addition of provisions designated as § 2-400(2-401—2-407), which provisions have been redesignated and included herein at the discretion of the editor as Div. 7, §§ 2-271—2-277.

Cross reference— Buildings and building regulations, ch. 14.

There is hereby created an access appeals board.

(Ord. No. 1534, § 2(2-401), 1-22-96)

The following terms shall be interpreted and construed as set forth herein:

Building official shall be the director of building and safety or his/her designated representative.

(Ord. No. 1534, § 2(2-402), 1-22-96)

The purpose and intent of this division is to establish an appeals board pursuant to the authority of the Health and Safety Code, Section 19957.5 which shall exercise all the power prescribed therein.

(Ord. No. 1534, § 2(2-403), 1-22-96)

The functions and duties of the access appeals board shall be as follows:

(a) To hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of disabled access issues pursuant to the California Code of Regulations, State Building Code, Title 24.

(b) To ratify or over rule the decision of the building official to exempt unreasonable hardship cases on the ground that equivalent facilitation cannot be provided.

(Ord. No. 1534, § 2(2-404), 1-22-96)

(a) Number of members. The board shall consist of five voting members, one staff ex-officio member, and such other general ex-officio members as the city council shall, from time-to-time appoint.

(b) Designation of members.

(1) Voting members. The five voting members shall be appointed by the city council, provided, two members shall be physically handicapped persons, two members shall be persons experienced in construction and one member shall be a public member.

(2) Staff ex-officio member. The one staff ex-officio member shall be the city manager or his/her designated representative, who shall not be required to be a qualified elector of the city, and who shall have no vote ("staff ex-officio member").

(3) General ex-officio member. The city council, or its designee, may appoint such additional ex-officio members of the board as they deem appropriate, who shall not be required to be qualified elector(s) of the city. Each ex-officio member shall have one vote. ("General ex-officio member").

(Ord. No. 1534, § 2(2-405), 1-22-96)

(a) Term. Board members shall serve for terms of two years, except that the original members shall serve staggered terms. Seats on the board shall be numbered one through five. Upon the effective date of this Ordinance No. 1775 all seats on the current board shall be deemed vacated, and all current board members shall be concurrently and automatically reappointed to the board. Seats one and two shall be occupied by the two board members who have served on the board for the longest total amount of time. The terms of seats one and two shall expire on April 1, 2008, and on April 1 every two years thereafter. The remaining three board members shall be appointed to seats three, four and five. Seats three, four and five shall expire on April 1, 2009, and on April 1 every two years thereafter.

(b) Vacancies. Notwithstanding the term of office to which a member is appointed, said office shall be deemed vacant upon any of the following events ("event of vacancy"):

(1) The death or disability of said member that renders said member incapable of performing the duties of office.

(2) The member's conviction of a felony or crime involving moral turpitude.

(3) The member's absence from three regular, consecutive meetings of the board, unless excused by a majority vote of the board expressed in official minutes.

(4) The member has submitted a resignation which resignation has been accepted by the city council.

(5) The membership has been terminated by three affirmative voters of the city council.

Upon the occurrence of an event of vacancy as hereinabove listed, the city council shall so declare the office to be vacant, and shall expeditiously take such steps as to fill said vacancy.

(Ord. No. 1534, § 2(2-406), 1-22-96; Ord. No. 1775, § 1(Exh. A), 4-10-07)

(a) Frequency, time and place of regular meetings. The board shall meet on an as-needed basis, as determined by the filing of disabled access complaints or appeals, but not more than one meeting each month. The meeting shall commence at a time designated by the chair.

(b) Officers and board. The board shall select a chairperson and a vice-chairperson from among its voting members annually and at its first meeting in July of each fiscal year. The chairperson and vice-chairperson so selected shall serve for a period of one year.

(c) Special meetings. The board may meet specially at such other time, days and places as it shall establish by majority vote, or at such time as the chairperson thereof may call, or at such time as the chairperson thereof may call, or at such times as a majority of the members thereof may call a meeting.

(d) Conduct of meetings. The meetings of the board, and notice thereof shall be governed by the same rules and regulations by which the city council is bound in the conduct of the public meetings.

(e) Quorum. Three voting members shall constitute a quorum for the transaction of business.

(f) Reports and recommendation. All reports and recommendations shall be made in writing.

(g) Staff support. All officers and department heads shall cooperate with and render reasonable assistance to the board. The city manager may make available staff and clerical support to the board to fulfill its functions and duties, provided such staff and clerical support is available.

(h) Rules and regulations. The board may make such rules and regulations not inconsistent with the provisions of this chapter.

(i) Decisions final. The decisions of the board shall be final.

(Ord. No. 1534, § 2(2-407), 1-22-96)