Modesto Municipal Code Art. 12 Disabled Access Appeals Board

In order to hear appeals to actions taken by the City and to provide reasonable interpretations of the California Access Laws, there is hereby created a Disabled Access Appeals Board, hereinafter referred to as the Board, consisting of five (5) members. Two (2) of the members are to be physically handicapped, two (2) members to be experienced in construction, and one (1) member a public member. 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.

(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 as is consistent therewith.

The Board shall hear appeals in accordance with the procedures set forth herein.

(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 not be 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 addressee(s) shown on the appeal.

(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 the 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 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 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)