Turlock Municipal Code Art. 3 Board Of Building Appeals

In order to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of those codes set forth in TMC 8-1-102, there shall be and is hereby created a Board of Building Appeals, hereinafter referred to as the Board, consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction and are not employees of the jurisdiction. The Building Official shall act as Secretary of the Board.

The members of the Board shall be appointed by the City Council and shall hold office at its pleasure.

(1162-CS, Added, 02/23/2012)

The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Chief Building Official within thirty (30) calendar days of the hearing with a duplicate copy to the appellant.

(1162-CS, Added, 02/23/2012)

Except as otherwise provided in those codes set forth in TMC 8-1-102, the Board shall hear appeals in accordance with the procedures set forth herein.

(1162-CS, Added, 02/23/2012)

An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code.

(1162-CS, Added, 02/23/2012)

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 be not 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 address(es) shown on the appeal.

(1162-CS, Added, 02/23/2012)

Whenever in the course of any proceedings taken hereunder, the Board shall have cause to request additional information, the same may be requested of the Building Safety Division of the Economic Development Department, the Fire Department, or any other agencies charged by law with enforcement of health or safety requirements of local or state law.

(1162-CS, Added, 02/23/2012)

The decision of the Board in granting or denying an appeal shall become final on the date of service of the decision.

Decisions of the Board shall be in writing and shall contain findings of fact, a determination of 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(s) 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 the decision(s) of the Board shall be as stated therein.

(1162-CS, Added, 02/23/2012)

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.

(1162-CS, Added, 02/23/2012)