Mendocino County Municipal Code Ch. 2.24 Board of Building and Housing Appeals

(A) Establishment. There is hereby created in the County of Mendocino the Board of Building and Housing Appeals, hereinafter referred to as the "Board."

(B) Membership. The Board shall be composed of seven (7) members who shall be appointed by the Mendocino County Board of Supervisors. These members shall be appointed for a term of four (4) years during which time they may be removed at the discretion of the Board of Supervisors by a four-fifths ( 4 / 5 ) vote. Upon the appointment of new members to the Board to fill the vacancies created by the addition of subdivision (C)(5), these members shall draw lots so that one member shall serve for a term of two (2) years prior to reappointment and one shall serve for four (4) years. No person holding other County office or employment shall be appointed to the Board. The Director of Planning and Building Services, or a member of his staff designated by him, shall act as Secretary to the Board, but shall not be an ex officio member thereof.

(C) Representation. The composition of the Board shall be five (5) specialist members and two (2) public members as follows:

(1) One (1) person skilled in the building trades of separate disciplines;

(2) One (1) person skilled in fire prevention and control;

(3) One (1) person knowledgeable in health and sanitation matters;

(4) Two (2) members representing the general public, each residing in a different Supervisorial district;

(5) Two (2) disabled members knowledgeable in matters of disabled access standards under the California State Accessibility Standards (Title 24 of the California Code of Regulations.) These members shall participate only in cases arising under subdivision (G)(7) of this section. One (1) of these members shall be a resident of either the First, Second or Third Supervisorial District, and one (1) shall be a resident of the Fourth or Fifth Supervisorial District.

(D) Compensation. Each member of the Board shall be reimbursed Twenty Dollars ($20) per diem and out-of-pocket travel costs at regular County rates.

(E) Rules. The Board may adopt reasonable rules and regulations of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Director of Planning and Building Services. Appeals shall be processed in accordance with the provisions of the particular uniform code governing the matter. Copies of all such rules and regulations adopted by the Board shall be delivered to the Director of Planning and Building Services, who shall make them freely accessible to the public.

(F) Organization. The members of the Board shall select a Chairman and a Vice Chairman to serve terms of one (1) year each from January 1st through December 31st of each year. The Chairman shall be authorized to appoint subcommittees, as necessary, for the efficient administration of the duties of the Board.

(G) Duties and Powers. The duties and powers of the Board shall be as follows:

(1) To hear appeals as provided for under each of the uniform codes adopted by reference by Title 18 of this code;

(2) To provide for interpretations of the provisions of the uniform codes adopted by Title 18 of this code with respect to the suitability of alternate materials and methods of construction together with the other technical types of decisions provided for in the provisions on boards of appeals in the various uniform codes adopted by reference by Title 18 of this code;

(3) To determine, upon a request duly made pursuant to Section 17925 of the California Health and Safety Code, that because of local conditions or factors, it is not reasonable for a rule or regulation set forth in any of the uniform codes adopted by reference by Title 18 of this code to be applied within a particular local area in the County of Mendocino. Any person, firm, corporation, or governmental agency that opposes the application of any such rule or regulation within a particular local area may request a hearing before the Board regarding the matter;

(4) To study and propose to the Board of Supervisors any ordinances or amendments to the Mendocino County Code;

(5) To promulgate written, substantive rules and regulations pertaining to the enforcement and implementation of the various uniform codes adopted by reference by Title 18 of this code. Said substantive rules and regulations to become effective only upon ratification and adoption by the Board of Supervisors;

(6) To advise appellants, and other members of the public having particular interest in matters before the Board, of their rights to seek review in the courts, including a court order staying the execution of a decision of the Board;

(7) To hear appeals in cases involving disabled access in order to determine whether an unreasonable hardship exists from strict application of the regulation in question, or whether a reasonable portion of all facilities and accommodations found in a multi-storied building are provided on the ground floor or any accessible level of the structure in question.

(H) Jurisdiction.

(1) The jurisdiction of the Appeals Board to interpret the provisions of any of the uniform codes shall not extend to any matter not set forth in subdivision (G)(2) of this Section, nor to any question of fact not arising from subdivision (G)(2), including but not limited to the following:

(a) Whether a building permit or similar permit was or was not issued to any person;

(b) Whether construction was commenced, suspended, or abandoned within the provisions of any of the codes;

(c) Whether a particular structure or improvement is exempt from the requirement of a building permit or similar permit;

(d) Whether any fee is required or has been paid for a particular permit;

(e) Whether an inspection has been conducted, or whether any particular construction was approved following an inspection.

(2) The jurisdiction of the Appeals Board to hear appeals pursuant to subdivision (G)(7) of this Section regarding disabled access regulations shall be exclusive, and no other County officer or agency shall have authority to grant an exception to the State requirements for disabled access.

(I) Finality. Except when specifically provided to the contrary, all determinations of appeals and all other decision of the Board shall be final except for such action as may be taken by a court as permitted or required by law.

(Ord. No. 465 Sec. 103, adopted 1964; Ord. No. 1653, adopted 1976; Ord. No. 3401, adopted 1982; Ord. No. 3555, adopted 1985; Ord. No. 3638, adopted 1987; Ord. No. 3688, adopted 1988; Ord. No. 3767, adopted 1991.)