Salinas Municipal Code Art. 3 Board of Appeals

In order to hear and decide appeals of orders, decisions, or determinations made by the building official and the fire code official ("Code Official") relative to the application and interpretation of Chapter 9 of the Municipal Code, there shall be and is hereby created a building standards appeals board.

At the request of the fire chief, the appeals board may also hear appeals of the orders, decisions or determinations made by the fire chief relative to the application and interpretation of the California Fire Code or the International Fire Code as adopted and amended by the city of Salinas in the Salinas Municipal Code.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

An application for appeal shall be based on a claim that the true intent of Chapter 9 of the Municipal Code have been incorrectly interpreted, the provisions of Chapter 9 do not fully apply, or an equivalent form of construction is proposed.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

The appeals board shall have no authority to waive or reduce requirements of Chapter 9. The appeals board shall have no authority or jurisdiction over any matter that is appealable under the Salinas Municipal Code to the city council or any other board, commission or city of Salinas hearing officer. The appeals board shall not consider the subject matter of any appeal until the appellant provides sufficient evidence to establish that the appeal is filed and applicable fees are paid within the applicable time limits for filing of appeals pursuant to Chapter 9.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

Any owner whose interests are adversely affected by an order, decision, or determination made by the Code Official pursuant to the provisions of Chapter 9 and within the limits of authority specified herein, may file an appeal to the appeals board. For purposes of this section, owner means any individual, corporation, partnership, firm or any other group acting as a unit having a legal or equitable interest in the property as recorded in the official records of the assessor, county clerk-recorder for the County of Monterey, including the guardian or trustee of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

The appeals board shall consist of five standing members selected from the city at-large who are residents of Salinas or who own and operate a business located within Salinas at the time of appointment and continuously during the term of office. The members must be qualified by experience and training and specifically knowledgeable in the California Building Standards Codes and applicable local ordinances to pass on matters pertaining to building standards other than those related to accessibility and who are not employees of the city of Salinas.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

The appeals board shall also consist of two alternate members, subject to the same selection criteria for appointment as a standing member, who shall be called by the appeals board chairperson to hear appeals during the absence or disqualification of a member.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

Standing members of the appeals board shall be appointed by the city council to serve a term of five years unless removed by the city council. Each standing member shall serve for five years or until a successor has been appointed. Initial appointment of alternate members shall be for five years. Initial appointment of adjunct members shall be for five years.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

When the appeals board considers appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of building standards for accessibility, the appeals board shall consist of two standing or alternate members and three adjunct members. Two adjunct members shall be physically disabled persons and one will be a public member, who will be appointed by the city council and shall serve in the same manner as standing members. The adjunct members shall only participate on the appeals board on matters relative to the application and interpretation of building standards for accessibility and the appeals board may not consider matters relative to the application and interpretation of building standards for accessibility unless the two adjunct members participate. Standing or alternate members shall be chosen by the chairperson prior to commencement of the appeal hearing.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

Any standing, alternate, or adjunct member shall not hear an appeal in which that member has a personal, professional or financial interest.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

All appeals shall be in writing and shall be specific and in sufficient detail to provide a clear basis for issuing the requested decision. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. All appeals shall be filed with the city clerk and with the City of Salinas Code Official within thirty days after written notice of the decision from which the appeal is being taken has been mailed to the applicant or within ninety days of the actual order, decision or determination made by the code official, whichever is earlier. A fee for such appeals shall be established by resolution of the city council and payable at the time of filing. No appeal shall be accepted without the payment of such fee. No part of such fee shall be refundable unless the appeal is timely withdrawn as determined by the code official. Refunds shall be made pursuant to the provisions of this chapter.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

The decisions of the appeals board shall be conclusive and final and an exhaustion of administrative remedies for the city of Salinas.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

The appeals board is authorized to establish policies and procedures necessary to carry out its duties, which shall at a minimum include the following:

(a) Chairperson. The appeals board shall annually select one of its members to serve as chairperson.

(b) Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

(c) Secretary. The building official shall designate a qualified clerk to serve as secretary to the appeals board. The secretary shall file a detailed record of all proceedings in the office of the city clerk.

(d) Compensation of Members. Members shall serve without compensation.

(e) Quorum. Attendance by three or more members shall constitute a quorum for all business and decisions.

(f) Regular and Special Meetings. The appeals board shall meet upon notice from the chairperson of the filing of an appeal at regular meetings unless the chairperson elects to call a special meeting due to the urgency of the appeal. Regular meetings shall be scheduled monthly.

(g) Open Hearing. All hearings before the appeals board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

(h) Conduct of Hearings. The appeals board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(i) Requests for Continued and Delayed Hearings. The appeals board shall adopt rules on the justifying nature and time limits for requests for continued and delayed hearings by the code official or appellant.

(j) Decision. The decision of the appeals board shall be by resolution. Copies shall be furnished to the appellant and to the code official.

(Ord. No. 2588(NCS), § 4, 2-7-2017)

Members of the appeals board while acting for the city of Salinas in good faith and without malice in the discharge of the duties required by Chapter 9 or other pertinent law or regulation, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against a member of the appeals board because of an act performed by that member in the lawful discharge of duties and under the provisions of an act performed by that member in the lawful discharge of duties and under the provisions of Chapter 9 shall be defended by legal representatives of the city of Salinas until the final termination of the proceedings. The member shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of Chapter 9.

(Ord. No. 2588(NCS), § 4, 2-7-2017)