La Quinta Municipal Code Ch. 2.40 Construction Board

2.40.010 - General rules regarding the construction board of appeals.¶

Except as set out below, see Chapter 2.06 for general provisions.

(Ord. 564 § 1, 2017; Ord. 516 § 9, 2013)

2.40.020 - Purpose.¶

The purpose of the construction board of appeals ("CBA") shall be to conduct hearings to afford appellants the opportunity to present evidence on his/her behalf in an effort to reverse or amend an administrative decision of a city official related to any matter within the purview of Title 8 of this code. The right to appeal shall apply only when the objection involves the exercise of administrative discretion or personal judgment exercised by the city official pursuant to any of the provisions of Title 8 of this code. No right of appeal shall exist when the decision of the city official is ministerial and thus does not involve the exercise of administrative discretion or personal judgment.

(Ord. 564 § 1, 2017; Ord. 516 § 9, 2013)

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2.40.030 - Number of members.¶

The CBA shall consist of five (5) members appointed by, and serving at the will of the city council.

(Ord. 564 § 1, 2017; Ord. 516 § 9, 2013)

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2.40.040 - Qualifications of members.¶

A. The CBA shall be comprised of the following professional positions that shall be qualified by experience and training:

One (1) general contractor;
Two (2) registered professional engineers or architects;
One (1) specialty contractor.

B. The fifth CBA member shall be a member of the public who is not one of the foregoing.

(Ord. 564 § 1, 2017; Ord. 516 § 9, 2013)

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2.40.050 - Powers and duties.¶

A. Any person aggrieved by an administrative decision of an official of the city related to any matter within the purview of Title 8 of this code, shall have the right to appeal the decision to the CBA, provided the official's decision was not ministerial.

B. The appeal shall be filed with the city clerk within ten (10) days after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing.

C. The secretary of the CBA, assigned pursuant to Section 2.06.100, shall set the time and place for a hearing on the appeal, and notice of the hearing shall be given to the appellant in accordance with Section 1.01.300 of this code.

D. The decision of the CBA shall not become final until ten (10) days after the CBA has made its determination in order to allow time for an appeal of the CBA's decision to be made to the city council. Any appeal to the city council shall follow procedures set forth in Sections 2.04.100 through 2.04.130 of this code.

(Ord. 564 § 1, 2017; Ord. 524 § 8, 2015; Ord. 516 § 9, 2013)

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