Tustin Municipal Code Part 7 Building Board of Appeals

In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the City's building regulations or the California Building Standards Codes (Tustin City Code Chapter 8), as adopted by the City, including any plan check or inspection determination, and any other matter specified in the Tustin City Code, there shall be and is hereby created a Building and Fire Board of Appeals. For matters related to the interpretation of the 1997 Uniform Housing Code, the Building Board of Appeal shall act as the Housing Advisory and Appeals Board.

(Ord. No. 1486, Sec. 2, 1-16-18)

The Building Board of Appeals shall consist of five (5) members, each of whom shall be both residents and registered voters of the City during all times they hold office. The Board shall consist of members who are qualified by experience and training to pass upon matters pertaining to building construction, fire protection, or standard waterworks practices. Preference in the selection of the members of the Board shall be given to those individuals who possess state licenses or certificates in the field of engineering, construction, or related professions or trades. At least two (2) members of the Board shall be physically disabled. The Building Official shall act as secretary of the Board.

(Ord. No. 1486, Sec. 2, 1-16-18)

a

Appointment. Members of the Building Board of Appeals shall be appointed by the Mayor with the approval of the City Council. All members of the Board shall serve until their respective successors are appointed and qualified.

b

Removal. All members of the Board shall serve at the pleasure of the City Council and may be removed upon motion of the City Council adopted by at least three (3) affirmative votes. A member of the Building Board of Appeals shall automatically be deemed removed from office upon certification of election of that member to the City Council as provided in Section 1305b of this Code.

c

Terms of Office. The terms of office shall be for four (4) years commencing on the date of appointment for each office.

d

Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Building Board of Appeals.

(Ord. No. 1486, Sec. 2, 1-16-18; Ord. No. 1502, Sec. V, 7-2-19; Ord. No. 1563, Sec. IV, 3-18-25)

Members of the Building Board of Appeals shall receive compensation as prescribed by ordinance of the City Council from time to time.

(Ord. No. 1486, Sec. 2, 1-16-18)

The Building Board of Appeals shall, from time to time, adopt or amend Rules of Procedure pursuant to Section 113.1 of the California Building Code and Section 203.1 of the Uniform Housing Code, as amended (hereinafter referred to as the California Building Standards Code), for use by the Tustin Building Board of Appeals and the Housing Advisory and Appeals Board as the rules of procedure for conducting administrative appeals.

(Ord. No. 1486, Sec. 2, 1-16-18)

Applications for appeal shall be filed with the Tustin City Clerk during regular business hours within thirty (30) calendar days from the date the City provides notice of the order or action of the Building Official, provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted as such in accordance with the applicable law, such appeal shall be filed within ten (10) calendar days from the date of the service of the notice and order of the Building Official.

(Ord. No. 1486, Sec. 2, 1-16-18)

Applicants for a hearing before the Building Board of Appeals shall pay a fee in the amount set by City Council resolution prior to administrative processing for any proceedings. The applicant shall complete the established City application form for an appeals hearing along with submittal of required fees.

Applicants for a Building Board of Appeals hearing shall be notified at least one (1) week prior to any hearing or proceedings concerning their case. The applicant shall be given the opportunity to present his/her case at any proceedings involving their applications.

(Ord. No. 1486, Sec. 2, 1-16-18)

Pursuant to Section 113.1 of the California Building Code, the decision of the Building Board of Appeals shall be final.

(Ord. No. 1486, Sec. 2, 1-16-18)