Modesto Municipal Code Art. 11 Board of Appeals

In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Flood Damage Prevention Regulations to hear appeals provided for in said codes and regulations, there shall be and is hereby created a Board of Building Appeals, hereinafter referred to as the Board, consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall act as Secretary of the Board. The members of the Board shall be appointed and hold office in accordance with the provisions of Article XI of the Charter of the City of Modesto.

The Board of Building Appeals created hereby shall be the successor to the Board of Building Appeals created by Title IX of the Modesto Municipal Code, as said chapters existing previous to the effective date of this Code, and the members of said Board of Building Appeals holding office when this Code becomes effective shall continue to hold office as members of the Board of Building Appeals created by this Code, for the remainder of the terms to which they were originally appointed and until their respective successors shall be appointed and qualified. All actions taken and decisions made by said Board of Building Appeals prior to the effective date of this Code shall continue in full force and effect the same as if taken or made by the Board of Building Appeals created by this Code.

(Ord. 3465-C.S., § 1, effective 1-3-08)

The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official within thirty (30) calendar days of the hearing with a duplicate copy to the appellant. The Board may recommend to the Council of the City of Modesto such new legislation that is consistent therewith.

(Ord. 3465-C.S., § 1, effective 1-3-08)

Except as otherwise provided in the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Flood Damage Prevention Regulations, the Board shall hear appeals in accordance with the procedures set forth herein.

(Ord. 3465-C.S., § 1, effective 1-3-08)

An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code.

(Ord. 3465-C.S., § 1, effective 1-3-08)

As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to the appellant(s) by the Building Official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the address(es) shown on the appeal.

(Ord. 3465-C.S., § 1, effective 1-3-08)

Whenever in the course of any proceedings taken hereunder, the Board shall have cause to request additional information, the same may be requested of the Building Safety Division of the Community and Economic Development Department, the Fire Department, the Health Department, or any other agencies charged by law with enforcement of health or safety requirements of local or state law.

(Ord. 3465-C.S., § 1, effective 1-3-08)

The decision of the Board in granting or denying an appeal shall become final on the date of service of the decision. Any appeal of the decision must be filed by the appellant(s) with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6, within thirty (30) calendar days of the service of the decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the decision of the Board.

Decisions of the Board shall be in writing and shall contain findings of fact, a determination of issues presented, and the requirements to be complied with. The decision of the Board shall be issued within thirty (30) calendar days of the hearing. A copy of the decision shall be delivered to the appellant(s) personally or sent by certified mail, postage prepaid, return receipt requested within thirty (30) calendar days of the effective date of the decision. The effective date of the decision(s) of the Board shall be as stated therein.

(Ord. 3465-C.S., § 1, effective 1-3-08)

Any appeal of a Board decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the decision of the Board.

(Ord. 3465-C.S., § 1, effective 1-3-08)