Monrovia Municipal Code Ch. 2.58 Board of Appeals

(A) A Board of Appeals is hereby created and shall be the "local appeals board," the "housing appeals board," and the "board of appeals" as those phrases are defined and used in the California Building Standards Code or any other code referenced or provision contained in Title 15 of this code as the may apply to the city either by express adoption or by operation of law.

(B) Regardless of the contrary in any provision of the California Building Standards Code or any other code under this title, the provisions of this chapter shall govern all appeals.

(Ord. 2019-06 § 4, 2019)

(A) The Board shall be comprised of five members. Three shall be Planning Commissioners and two shall be Historic Preservation Commissioners. The respective commissions shall nominate members to serve on the Board and shall be reappointed each year as part of the Commission reorganization. Commissioners may be reappointed to the Board without limitation.

(B) Board members should be from among professionals related to the disciplines of architecture, engineering, building, construction, planning or fire safety or closely related field as well as have knowledge of the California Building Standards Code and applicable ordinances of the city.

(C) Board members whose terms on their respective commissions expire shall also vacate their seat on this Board.

(D) At the pleasure of the Mayor, a qualified resident at-large may be appointed to fill a vacancy on the Board when there is no Commissioner with the requisite knowledge, the appointment shall be for three years.

(E) Appointed members of the Board shall serve without compensation.

(F) The Building Official shall serve as an ex officio member and the Fire Chief shall serve as an ex officio member for fire related issues. Neither the Building Official nor the Fire Chief shall have any vote on matters brought before the Board. The Building Official shall act as Secretary to the Board.

(Ord. 2019-06 § 4, 2019)

The Board shall elect its President from among the appointed members for a term of one year, and subject to other provisions of law may create and fill such other offices as it may determine and shall keep a record of all the proceedings, decisions, and findings of the Board which shall be a public record.

(Ord. 2019-06 § 4, 2019)

(A) The Board shall meet only when:

(1) An appeal is filed pursuant to this code; or

(2) The Building Official or the Fire Chief calls a special meeting of the Building Board of Appeals in order to request advisory comments regarding issues related to this chapter, such as the potential adoption of new codes, proposed code changes, or alternative methods and materials.

(B) Three members of the Board shall constitute a quorum.

(Ord. 2019-06 § 4, 2019)

The Board of Appeals is empowered to hear and decide on appeals of orders, decisions or determinations made by the Building Official, the Fire Chief or both, relative to the application and interpretation of the Monrovia Building and Safety Code. The Board shall have no authority to waive the requirements of the code.

(A) Any person adversely affected by a determination made by the Building Official or Fire Chief in administering or enforcing any provision of this code, may appeal the determination of the Board.

(B) Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the City Council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

(C) The appeal shall be filed with the Director of Community Development no later than ten days after receipt of written notice of the determination and the appeal provisions of this chapter. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Building Appeals Board and a failure to exhaust administrative remedies.

(D) Within 45 days to receiving an appeal, the Building Official shall schedule a hearing before the Appeals Board which shall consider relevant evidence presented at the hearing. Appellant shall be given at least ten days written notice of the date and time of the hearing.

(E) The Building Appeals Board shall render a final written decision with findings within a reasonably prompt time after the filing of the appeal. The authority of the Building Appeals Board to render a written decision shall be limited to the scope of authority of the Building Official or Fire Code Official in the first instance and the Building Appeals Board shall have no authority to waive a requirement of this title.

(F) The decision of the Building Appeals Board shall be final and conclusive. The written decision shall be sent to the appellant and shall provide that, pursuant to Cal. Code of Civil Procedure § 1094.6, any action to review said decision shall be commenced in appropriate court of law not later than the ninetieth day after the date that the decision becomes final.

(Ord. 2019-06 § 4, 2019)