Long Beach Municipal Code Ch. 18.10 Board of Appeals

The provisions of Chapter 2.18 provide uniform general regulations applicable to advisory boards, commissions and committees of the City for the performance of various prescribed duties and functions. In the event any provision of Chapter 2.18 conflicts with a specific provision of this Title, such specific provision of this Title shall control.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A. General. The Board of Examiners, Appeals and Condemnation is created pursuant to Ordinance No. C-5332 in 1977 and amended pursuant to Ordinance No. C-5709 in 1981 and Ordinance No. 14-0019 in 2014. The Board of Examiners, Appeals and Condemnation provide a forum to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the following:

1. Application and interpretation of this Title, Municipal Code or other ordinances of the City, or laws and statutes of the State;

2. Correction of substandard, nonconforming or dangerous buildings or structures; or

3. Abatement of nuisance.

B. Member. The Board of Examiners, Appeals and Condemnation shall consist of seven (7) members, of which two (2) members shall be physically handicapped persons, qualified by experience and training to pass judgment upon matters pertaining to building construction. The City Manager shall recommend members for appointment by the Mayor and confirmation by the City Council. Members shall serve two (2) year terms and shall be eligible for reappointment if their service does not exceed the eight (8) year maximum established by City Council. The Building Official shall serve as Secretary to the Board of Examiners, Appeals and Condemnation.

C. Duties. The Board of Examiners, Appeals and Condemnation shall conduct hearings on written appeals regarding any orders, decisions or determinations made by the Building Official as specified in Subsection 18.10.020.A. In the appeal, the Board of Examiners, Appeals and Condemnation may approve or disapprove the actions taken by the Building Official subject to the limitation of Section 18.10.040.

D. Procedure. The Board of Examiners, Appeals and Condemnation shall adopt reasonable rules and regulations for conducting its investigations and hearings, including those provisions provided for in Chapters 18.20, 18.21, 18.24, 18.25, 18.29, 18.30 and 18.60 where appropriate; and where not specifically provided otherwise by such rules, Robert's Rules of Order shall govern. All decisions and findings of the Board of Examiners, Appeals and Condemnation shall be in writing and shall be filed with the Secretary with copies to the interested parties. Four (4) members shall constitute a quorum for transaction of business; and each member, including the member serving as Chairman, shall be entitled to vote on any matter coming before the Board of Examiners, Appeals and Condemnation. All decisions shall be entered upon the minutes of the meetings of the Board of Examiners, Appeals and Condemnation, and the Building Official shall be guided in accordance therewith. All decisions of the Board of Examiners, Appeals and Condemnation shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.

E. Filing requirement. Any person aggrieved by any orders, decision or determination made by the Building Official as specified in Subsection 18.10.020.A may appeal to the Board of Examiners, Appeals and Condemnation within thirty calendar (30) days from the date of such actions by serving a written notice upon the Secretary of the Board. A written notice shall be submitted together with a fee as set forth in Section 18.06.100. Such written notice shall state that the applicant is dissatisfied with an order, decision or determination made by the Building Official and shall describe the nature of the complaint. Such appellant shall pay the cost of all tests made or ordered by the Board of Examiners, Appeals and Condemnation. Such notice shall be at once transmitted to the Board of Examiners, Appeals and Condemnation, and the Board of Examiners, Appeals and Condemnation shall thereafter fix a time and place for a hearing, at which time all persons interested in the appeal shall be heard. The Secretary shall give the appellant at least ten (10) days notice of hearing or as required in Chapters 18.20, 18.21, 18.24, 18.25, 18.29, 18.30 and 18.60, where appropriate.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

The Board of Examiners, Appeals and Condemnation, upon request of the Building Official, may be called together in an advisory capacity in order to assist the Building Official.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

A Notice of appeal shall be based on one of the following:

1. A claim that the true intent of the provisions of this Title, Municipal Code or other ordinances of the City, laws or statutes of the State, or the rules legally adopted thereunder has been incorrectly interpreted;

2. A claim that the provisions of this Title, Municipal Code or other ordinances of the City, or laws or statutes of the State do not fully apply; or

3. A claim that an equivalent or better form of construction is/was proposed.

The Board of Examiners, Appeals and Condemnation shall not have the authority to waive the provisions or interpret the administration of this Title, Municipal Code or other ordinances of the City, laws and statutes of the State, or the rules legally adopted thereunder.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)

Each member of the Board of Examiners, Appeals and Condemnation shall be paid by the City, as compensation for his or her services, such sum as may, from time to time, be provided by ordinance. Such compensation shall in no way void a member's eligibility for obtaining any City work in the course of his or her private practice or business.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019; ORD-16-0026 § 1(Exh. A), 2016)