Ione Municipal Code Ch. 15.44 Building Board of Appeals

Footnotes:

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Editor's note— Ord. No. 452, § I, adopted March 15, 2011, repealed the former Chapter 15.44, §§ 15.44.010—15.44.050, and § II of Ord. No. 452 enacted a new Chapter 15.44 as set out herein. The former Chapter 15.44 pertained to similar subject matter and derived from Ord. 338, 1993 and Ord. No. 414, adopted August 5, 2008.

The building board of appeals is created in order to hear appeals by persons aggrieved due to administrative decisions in the application of the adopted 2010 California Building Codes as referenced in this chapter and the adopted 2009 International Code Council Property Maintenance Code as referenced in this chapter, or regulations adopted pursuant thereto, of the city.

(Ord. No. 452, § II, 3-15-2011)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Board" means the building board of appeals.

"Building official" means the designated building official of the city.

"Member" means a member of the building board of appeals.

(Ord. No. 452, § II, 3-15-2011)

A. The board shall be comprised of five members appointed by the mayor and ratified by the city council. The building official shall be the ex officio secretary of the board but shall not vote.

1. Two members shall be licensed contractors.

2. Two members shall be selected from the lay community.

3. One member shall be an engineer or architect.

B. The term of office for each member shall be at the pleasure of the city council.

C. Members should be residents of the City of Ione but can be residents of Amador County.

D. A member shall be neither an elected officer nor an employee of the city, but he or she shall not be disqualified as a member by his membership on, or employment by, any other board, commission, agency, or authority of, or created by or for, the city.

E. No member shall knowingly acquire any interest in any property which is the subject of any appeal before the board. A member having any interest in such property shall make immediate disclosure of the fact of such interest to the board, and he shall be disqualified from all deliberations by the board relating to such property.

F. The board shall adopt bylaws to govern its functions in accordance with the provision of this chapter.

G. The board shall elect a chairperson and vice-chairperson from among its members. The term of office of the chairperson and vice-chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place, and frequency of its meetings shall be fixed by the board.

(Ord. No. 452, § II, 3-15-2011)

A. The functions of the board shall be as follows:

1. To hear appeals of administrative decisions regarding the use of alternative materials, interpretations pertaining to the enforcement of any provision of the 2010 adopted codes and related regulations of the city; and

2. To hear appeals of administrative decisions in the application of the 2010 adopted codes, and any related sections of these adopted codes in actions declaring certain building structures or conditions therein substandard, unsanitary, or hazardous and requiring their consideration, rehabilitation, reconstruction, correction, or abatement as applicable.

B. Conduct of Appeals.

1. The board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent and purpose of this code.

2. The board shall adopt rules of procedure for the conduct of appeals, make provisions for adequate notices of hearings to all parties, provide for a hearing open to the public of all appeals to be commenced not less than ten nor more than 60 days after the date of the filing of the petition for an appeal, record minutes of all its proceedings, and provide copies of such minutes for inspection as a public record.

C. Procedure on Petitions for Hearing of Appeals.

1. Upon the filing of a petition, the secretary shall set the matter on the agenda for consideration by the board.

2. Notice in writing of not less than seven days shall be given the applicant or petitioner specifying the time and place of the hearing.

3. At the hearing the petitioner shall be given an opportunity to be heard and present any evidence to support his request.

D. Decisions.

1. No later than ten days after a hearing, the board shall formally report its findings of fact and, together with the reasons, its decision in writing.

2. The formal report shall order the petition or application either granted, denied, or modified and specify any conditions or limitations imposed.

3. A copy of the findings and decisions shall be forwarded to the petitioner or his or her representative at the address shown upon the petition on file within ten days after the decision.

E. Reports—Forwarding. A copy of the report shall be forwarded to the administrative office whose decision has been appealed.

F. Reports—Filing. The board shall file the original of its report in its permanent records.

G. Appeals to the City Council. The decision of the board in granting or denying an appeal shall become final and effective 15 days after the date of the adoption of the decision, unless within such 15-day period an appeal is filed by the appellant in writing with the city council. The filing of such appeal within such time limit shall stay the effective date of the decision of the board until such time as the council has acted on the appeal.

Upon the receipt of a written appeal filed with the city council as provided in the subsection, the secretary of the board shall thereupon transmit to the council the board's complete record of the case.

Within not to exceed 40 days following the receipt of the written appeal, the city council shall hold a hearing thereon. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to the appellant by the city clerk, 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 the address shown on the appeal.

The city council shall announce its findings and decision by formal resolution not more than 40 days following the hearing, and such resolution shall recite, among other things, the facts and reasons which, in the opinion of the city council, make the granting or denial of the appeal necessary and shall order that the appeal be granted, denied or modified subject to such conditions or limitations the city council may impose.

The action by the city council on such matters shall be by majority vote of the entire city council and shall be final and conclusive

Not later than ten days following the adoption of a resolution ordering that an appeal be granted or denied, a copy of such resolution shall be mailed to the appellant, and one copy shall be attached to the board's file of the case and such file returned to the secretary of the board for permanent filing.

(Ord. No. 452, § II, 3-15-2011)

In the event that an appeal is filed pursuant to this chapter at a time when the building board of appeals does not have a sufficient number of appointed members to constitute a quorum, the appeal shall be heard by a three-member hearing panel comprised of the city manager, and two members to be selected by the city manager from the following positions: city building official, city fire chief, city police chief, city planner. The city manager shall exercise discretion in selecting the two members of the hearing panel, taking into account the nature of the appeal and the experience and expertise of the persons being selected. In no case shall the city manager select as a member of the hearing panel a person who is assigned to a department that participated in the decision subject to the appeal. The conduct of the appeal shall be consistent with the provisions of this chapter, including Section 15.44.040. The hearing panel's determination shall be appealable to the city council, pursuant to Subsection 15.44.040(G).

(Ord. No. 452, § II, 3-15-2011)