Rolling Hills Municipal Code Ch. 2.28 Geology Appeals Board

As used in this chapter, "Appeals Board" means:

A. If there is a contract so providing between the City and the County, the Los Angeles County Engineering Geologist Qualifications Board, as created by Article XXXI of Los Angeles County Ordinance No. 4099, as amended.

B. If there is no such contract, the Geology Appeals Board created by Section 2.28.030.

(Ord. 70 § 5, 1967).

As used in this chapter, "engineering geology" is the application of geologic knowledge, principles, and techniques in the observation and evaluation of the influence of earth materials, including groundwater, in the planning, construction, and maintenance of earth slopes and engineering structures.

(Ord. 70 § 2, 1967).

A Board designated as the Geology Appeals Board is established and hereinafter referred to in this chapter as the "Appeals Board." The Appeals Board shall consist of five regular members, one alternate member, and one ex officio member. The five regular members and the alternate member of the Appeals Board shall be appointed by the City Council. The alternate member and two of the regular members shall be qualified by education, training, experience, and prominence in the field of engineering geology and, further, prior to appointment as a regular or alternate member of the Appeals Board, shall have applied for and obtained a valid certificate of registration issued by the Los Angeles County Engineering Geologist Qualifications Board, as provided in Article XXXI of Los Angeles County Ordinance No. 4099; two members shall be qualified by education, State registration, experience and prominence in the field of civil engineering; and one member shall be qualified by education, State registration as a civil engineer, training, experience, and prominence in the field of soil mechanics. The ex officio member shall be the City Engineer of his duly authorized representative.

(Ord. 70 § 1, 1967).

The City Council shall appoint all regular members of the Appeals Board, subject to the right to remove any member at its pleasure, for a minimum of three years or until an office become vacant due to death, removal or resignation.

(Ord. 70 § 3, 1967).

Annually, the Appeals Board shall choose from among its members a Chairman and Vice Chairman and such other officers as it sees fit to serve one year. The City Engineer or his representative shall act as Secretary to the Appeals Board.

(Ord. 70 § 4, 1967).

The Appeals Board shall hold at least one regular meeting each month, except that no regular meeting shall be held if the Secretary of the Appeals Board determines that there is no business to be transacted and so notifies the members. If any regular member is absent from any meeting, the alternate member may serve in his place and at such meeting shall be deemed a regular member. On an appeal from a decision of the City Engineer as to whether or not, by reason of geologic conditions, a building site is unsafe or proposed grading work is unsafe or a geologic report is required, the presence of two members (one of whom may, but need not, be the alternate member) who are qualified by education, training, experience, and prominence in the field of engineering geology, plus not less than one other regular or alternate member, shall be necessary to constitute a quorum. At a meeting at which a quorum is present, the expressed concurrent will or vote of a majority of the regular and alternate members present shall be the will or action of the Appeals Board.

(Ord. 70 § 6, 1967).

If any person is dissatisfied with the decision of the City Engineer as to whether or not, by reason of geologic conditions, a building site is unsafe or proposed grading work is unsafe or a geologic report is required, within thirty days after such decision such person may file a written notice of appeal with the Secretary of the Appeals Board in which he shall state his reasons for the appeal and the address to which all future notices to him should be mailed.

(Ord. 70 § 7, 1967).

Upon receiving a notice of appeal from the decision of the City Engineer, the Secretary of the Appeals Board shall set the matter for hearing not more than forty days after the filing of the notice of appeal. The Secretary shall give not less than five days' notice in writing to the appellant either in the manner required by law for the service of summons or by first class mail, postage prepaid, addressed as specified in the notice of appeal. At the hearing, the Appeals Board shall hear the appellant and consider his testimony and any other evidence which, in its opinion, is material.

(Ord. 70 § 8, 1967).

Based upon the evidence at the conclusion of the hearing or thereafter, the Appeals Board shall affirm, reverse, or modify the decision of the City Engineer. Within ten days after the decision of the Appeals Board, the Secretary thereof, in writing, shall notify the appellant of the decision.

(Ord. 70 § 9, 1967).