Santa Clara County Municipal Code Art. 3 Appeals to Development Review Board

Footnotes:

--- (2) ---

Editor's note— Sec. 46 of Ord. No. NS-300.967, adopted November 15, 2022, amended Art. 3 in its entirety to read as herein set out. Former Art. 3 pertained to appeals to the Code Enforcement Appeals Board, and derived from Ord. No. NS-1100.103, adopted June 24, 2008; and Ord. No. NS-1100.134, adopted August 31, 2021.

Any final decision, notice, or order by the Building Official or their duly authorized representative with respect to the suitability of alternate materials, alternate methods and types of construction, or interpretation or decision under the building, fire, plumbing, electrical, and mechanical codes shall be given in writing. Any interested person dissatisfied with such decision may file with the Clerk of the Board of Supervisors a written appeal to the Development Review Board specifying the reasons for the appeal within ten calendar days after written notice of the decision. Pursuant to Division C2 of this Code, the Development Review Board shall hold a public hearing on the matter within 60 days of the notice to appeal, or as soon thereafter as a quorum can be assembled. Notice of the time and place of such hearing shall be given to the appellant and Building Official not less than five calendar days prior to the hearing. The Development Review Board may continue the hearing for good cause. The Development Review Board shall hear the matter and approve, disapprove, or modify the decision of the Building Official.

(Ord. No. NS-300.967, § 46, 11-15-22)

The term "Building Official," in this article, includes the Fire Marshal.

(Ord. No. NS-300.967, § 46, 11-15-22)

Any interested party dissatisfied with the decision of the Development Review Board may file with the Clerk of the Board of Supervisors a written appeal to the Board of Supervisors specifying the reasons for the appeal within ten calendar days after the decision of the Development Review Board. Notice of the time and place of such hearing shall be given to the appellant and Building Official not less than five calendar days prior to the hearing. The Board of Supervisors or designee shall hear the matter de novo and approve, disapprove, or modify the decision of the Development Review Board. The decision of the Board of Supervisors or designee shall be the final decision of the County.

(Ord. No. NS-300.967, § 46, 11-15-22)

All notices given under this Division, including, but not limited to, any final decision, notice, or order by the Building Official or their duly authorized representative and any appeal thereof, shall be deemed effective when delivered personally or when placed in the United States mail depository, postage prepaid, to the recipient's last known address.

(Ord. No. NS-300.967, § 46, 11-15-22)

The Building Official's decision, notice, or order shall remain in effect unless or until it is disapproved or modified by a final decision of the Development Review Board or if subsequently appealed, the Board of Supervisors.

(Ord. No. NS-300.967, § 46, 11-15-22)