Vallejo Municipal Code Ch. 2.75 Building Standards Code Appeal Board

There is hereby created a Building Standards Code Appeal Board that shall consist of five voting members having the qualifications established by this section. Notwithstanding Vallejo Municipal Code Section 2.26.020, members shall be nominated by the fire code official, the chief building official or the city manager, subject to confirmation by a majority vote of the city council. The fire code official and the chief building official shall be ex officio members of said board but shall not have a vote on any matter before the board.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

The purpose of the Building Standards Code Appeal Board shall be to hear and decide appeals of orders, decisions, or determinations made by the chief building official or fire code official relative to the application and interpretation of the California Building Standards Codes, including but not limited to the Building Code, Fire Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Historical Building Code, Existing Building Code, Green Building Standards Code, and the Referenced Standards Code.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

A. Hear appeals as described in Chapter 12 of Vallejo Municipal Code.

B. Exercise any other duties, functions, or powers assigned to the Building Standards Code Appeal Board as prescribed by the city council, pursuant to resolution or ordinance.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

An application for appeal shall be based on a claim that the true intent of the Building Standards Code, as adopted by the Vallejo Municipal Code, or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of the Building Standards Code, as adopted by the Vallejo Municipal Code, or the rules legally adopted thereunder.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

A. The board shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, fire protection systems, or building construction and voting members must not be employees of the city of Vallejo.

B. The fire code official and chief building official shall nominate members from the following disciplines: Design Professional; Fire Protection Engineering Professional; Industrial Safety Professional; General Contractor and General Industry or Business Representative.

C. Notwithstanding Vallejo Municipal Code Section 2.26.020, and given the specialized qualifications required of the board, members of the board shall not be required to be residents of the city of Vallejo.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

A. Members shall be appointed for terms of four years. No member shall be reappointed to serve more than two consecutive full terms.

B. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, one for a term of three years.

C. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Members appointed to fill a vacancy in an unexpired term shall be eligible for reappointment to two full terms.

D. Members shall be removed from office prior to the end of their terms only for cause and by majority vote of the city council. Continued absence of any member from regular meetings of the board shall, at the discretion of the city council, render any such member liable to immediate removal from office.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

Three members of the board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the fire code official or chief building official, affirmative votes of the majority present, but not less than three, shall be required.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

The fire code official shall act as secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member and any failure of a member to vote.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

The board shall meet at regular intervals, to be determined by the chairperson. Each member of the board shall be paid the sum of forty dollars for each meeting the member attends, provided that such payments shall not exceed the sum of eighty dollars in any calendar month.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

Members with a material or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

The request for an appeal shall be filed in writing with the fire code official and shall be accompanied with a fee as established in the master fee schedule. The request for an appeal shall contain the following information:

A. A brief statement setting forth the legal interest of the party or parties in the real property identified in the order, decision or determination made by the fire code official or chief building official; and

B. A brief statement in ordinary and concise language of that (those) specific order(s), decision(s) or determination(s) protested; and

C. A brief statement in ordinary and concise language contending that issuance of the order, decision or determination was a result of error or abuse of discretion together with any material facts claimed to support such contention; and

D. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, decision or determination should be reversed, modified, or otherwise set aside; and

E. The signature of the property owner, and his or her mailing address; and

F. The verification (by declaration under penalty of perjury) of at least one person requesting a hearing as to the truth of the matters stated in the request for hearing; and

G. The written request for an appeal with the accompanying fee shall be received by the fire code official within fourteen calendar days from the date of the service of such order, decision or determination that is being appealed.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

As soon as practicable after receiving the request for an appeal hearing, the fire code official shall fix a date, time and place for the hearing. Written notice of the time and place of the hearing shall be given to the appellant at least seven calendar days prior to the date of the hearing. The failure of the fire code official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

Only those technical matters or issues specifically raised by the appellant in the request for appeal shall be considered at the hearing.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

Every decision shall be promptly filed in writing in the office of the fire code official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the fire code official for two weeks after filing.

(Ord. No. 1793 N.C. (2d), § 1, 5-8-2018)

TITLE 2 FOOTNOTES

1. For statutory provisions regarding the scheduling of city council meetings, see Gov. Code §§ 36805-36809; for charter provisions regarding meetings of the council, see Charter § 3.08.

For statutory provisions authorizing the city council to establish rules for the conduct of its proceedings, see Gov. Code § 36813; for charter provisions requiring the council to provide by ordinance for the order of business and rules of procedure of council meetings, see Charter § 310.

Prior ordinance history includes portions of Ordinance No. 920.

2. For statutory provisions regarding publication of legal notices, see Gov. Code § 36933; for charter provisions regarding publication, see Charter §§ 314 and 1100.

2a. The Library Department has been suspended for the duration of the term of the City/County Agreement pertaining to the performance of library services and operations within the City of Vallejo which was made and entered into September 18, 1973, and became effective July 1, 1974. Under the Agreement, library services and operations are being supplied by the County of Solano.

3. For charter provisions regarding the planning commission, see Charter § 603c.

4. For statutory provisions regarding housing commissions, see Health and Saf. Code §§ 34291 et seq.

5. For statutory provisions regarding the establishment and powers of local war or disaster councils, see Gov. Code § 8610 et seq.

6. For charter provisions regarding compensation of the mayor and councilmen, see Charter § 305; for statutory provisions regarding salary schedules for city councilmen, see Gov. Code § 36516.

7. For charter provisions regarding bonds for officers and employees, see Charter § 726; for statutory provisions regarding official bonds generally, see Gov. Code § 1450 et seq.; for statutory provisions regarding bonds for the clerk, see Gov. Code § 36518; for provisions authorizing the council to require bonds of any other officer or employee, see Gov. Code § 36519.

8. For charter provisions regarding elections, see Charter Article X; for statutory provisions regarding write-in candidates, see Elections Code § 18600 et seq.; for provisions regarding printing of candidates statements of qualifications, see Elections Code § 10012.5.

9. For charter provisions regarding personnel administration and civil service, see Charter Article VIII; for statutory provisions regarding the adoption of a municipal personnel system, see Gov. Code § 45000 et seq. For provisions regarding equal opportunity employment and affirmative action policy, see Chapter 2.74 of this title.

10. Reserved.

11. For statutory provisions regarding public cemeteries, see Health and Saf. Code § 8125 et seq.

12. For charter provisions regarding franchises, see Charter Article IX; for statutory provisions authorizing the city council to grant franchises for the construction of public utilities, see Gov. Code § 39732.

For statutory provisions regarding the granting of CATV franchises by local governments, see Gov. Code § 53066.

15. For additional employment regulations, see Chapter 2.60 of this title.

Prior ordinance history; Ordinances 667 N.C.(2d); 849 N.C.(2d) and 1247 N.C.(2d).

16. Former Section 2.10.055, Finance department Risk management division, previously codified herein and containing portions of Ordinance No. 1155 N.C.(2d) § 4, was repealed in its entirety by Ordinance No. 1267 N.C.(2d) § 2, 1993.

17. Former Section 2.10.56, Finance department Management information services division previously codified herein and containing portions of Ordinance No. 1155 N.C.(2d) § 5, was repealed in its entirety by Ordinance No. 1267 N.C.(2d) § 3, 1993.

18. Former Section 2.10.57, Finance department General services division, previously codified herein and containing portions of Ordinance No. 422 N.C.(2d) § 1 was repealed in its entirety by Ordinance No. 1267 N.C.(2d) § 4, 1993.

19. Former Chapter 2.25, Waste Management and Recycling Commission, previously codified herein and containing portions of Ordinance No. 1248 N.C.(2d), 1992, was repealed in its entirety by Ordinance No. 1335 N.C.(2d), 1995.

20. Reserved.

21. Former Section 2.10.127, Public works department—Special services division—Branches, previously codified herein and containing portions of Ordinance No. 483 N.C.(2d) § 7, was repealed in its entirety by Ordinance No. 1395 N.C.(2d) § 3.

22. Former Section 2.10.129, Public works department—Water division, previously codified herein and containing portions of Ordinance No. 422 N.C.(2d) § 1, was repealed in its entirety by Ordinance No. 1395 N.C.(2d) § 3.

23. Former Section 2.60.110, Holidays, previously codified herein and containing portions of Ordinance Nos. 259 N.C. § 1.08 and 971 N.C. § 1, was repealed in its entirety by Urgency Ordinance No. 1405 N.C.(2d) § 1.

24. Ordinance No. 1506 N.C.(2d) amended Sections 2.10.040 through 2.10.042 in their entirety and repealed Sections 2.10.043 and 2.10.044. These sections contained portions of Ordinance Nos. 442 N.C.(2d), 534 N.C.(2d), 975 N.C.(2d); 1199 N.C.(2d) and 1287 N.C.(2d).

25. Former Section 2.60.970, previously codified herein and containing portions of Ordinance No. 1433 N.C.(2d) was repealed in its entirety by Ordinance No. 1607 N.C.(2d) § 2.

26. Former Section 2.06.030, Allocation of funds, previously codified herein and containing portions of Ordinance No. 786 N.C.(2d) was repealed in its entirety by Ordinance No. 1616 N.C.(2d) § 1.

27. Former Sections 2.06.050, Excess travel, previously codified herein and containing portions of Ordinance No. 786 N.C.(2d) was repealed in its entirety by Ordinance No. 1616 N.C.(2d) § 3.

28. Former Chapter 2.47, Community Development Commission, previously codified herein and containing portions of Ordinance Nos. 557 N.C.(2d), 582 N.C.(2d) 630 N.C.(2d), 692 N.C.(2d), 1131 N.C.(2d), 1418 N.C.(2d) and 1451 N.C.(2d) was repealed in its entirety by Ordinance No. 1623 N.C.(2d).

29. Former Section 2.52.021, Reimbursement for Mare Island closure/reuse expenses, previously codified herein and containing portions of Ordinance No. 1286 N.C.(2d), was repealed in its entirety by Ordinance No. 1616 N.C.(2d) § 6.

30. Sec. 1 of Ord. No. 1688 N.C.(2d), adopted Oct. 8, 2013, amended Ch. 2.39 in its entirety to read as herein set out. Former Ch. 2.39 pertained to Design review board and derived from Ord. 1578, 2007.

31. Sec. 1 of Ord. No. 1686 N.C.(2d), adopted Sept. 24, 2013, amended Ch. 2.49 in its entirety to read as herein set out. Former Ch. 2.49 pertained to Beautification and code enforcement commission and derived from Ord. No. 1645 N.C.(2d), adopted May 24, 2011.

32. Sec. 1 of Ord. No. 1698 N.C.(2d), adopted May 27, 2014, repealed and replaced Ch. 2.40 in its entirety. Former Ch. 2.40 pertained to the same subject matter and derived from Ord. No. 1256 N.C.(2d), 1993.

33. Section 2 of Ord. No. 1703 N.C.(2d), adopted February 10, 2015, deleted section 2.10.122, which pertained to the Public works department—Engineering division, and derived from Ord. 422 N.C.(2d), 1978; Ord. 483 N.C.(2d), 1979; Ord. 1024 N.C.(2d), 1989; and Ord. 1395, 1998.

34. Section 2 of Ord. No. 1703 N.C.(2d), adopted February 10, 2015, deleted sections 2.10.123, 2.10.124, which pertained to the Public works department—Maintenance division, and derived from Ord. 422 N.C., 1978; Ord. 483, 1979; and Ord. 1395, 1998.

35. Section 2 of Ord. No. 1703 N.C.(2d), adopted February 10, 2015, deleted section 2.10.125, which pertained to the Public works department—Transportation division, and derived from Ord. 1395 N.C.(2d), 1998.

36. Section 4 of Ord. No. 1703 N.C.(2d), adopted February 10, 2015, deleted sections 2.10.140, 2.10.141, and 2.10.142, which pertained to the utilities department and derived from Ord. 1395 N.C.(2d), 1998.

37. Ord. No. 1723 N.C.(2d), § 1, adopted May 10, 2016, repealed Chapter 2.32.060, which pertained to the suspension of commission. See Code Comparative Table and Disposition List for complete derivation.

38. Ord. No. 1724 N.C.(2d), § 1, adopted May 10, 2016, repealed the former Ch. 2.39, §§ 2.39.010—2.39.120; Ord. No. 1730 N.C.(2d), § 1, adopted May 24, 2016, enacted a new Ch. 2.39 as set out herein. The former Ch. 2.39 pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.

39. Ord. No. 1725 N.C.(2d), § 1, adopted May 10, 2016, repealed § 2.45.010—2.45.040, which pertained to the commission on aging. See Code Comparative Table and Disposition List for complete derivation.

40. Ord. No. 1732 N.C.(2d), § 1, adopted May 24, 2016, amended Chapter 2.46 in its entirety to read as herein set out. Former Chapter 2.46, §§ 2.46.010—2.46.090, pertained to the Vallejo Housing and Redevelopment Commission. Section 2.46.020, pertaining to the name of commission, and Section 2.46.050 pertaining to redevelopment duties and functions of the commission, were both previously codified herein and were repealed in their entirety. See Code Comparative Table and Disposition List for complete derivation.

41. Ord. No. 1726 N.C.(2d), § 1, adopted May 10, 2016, repealed the former Chapter 2.51, §§ 2.51.010—2.51.040. The former Chapter 2.51 pertained to the library board. Ord. No. 1729 N.C. (2d), § 1, adopted May 10, 2016, enacted a new chapter 2.51, as set out herein. See Code Comparative Table and Disposition List for complete derivation.

42. Ord. No. 1731 N.C. (2d), § 1, adopted May 24, 2016, enacted a new Chapter 2.59, pertaining to the design review board as herein set out.

43. Ordinance No. 1740 N.C.(2d), § 1, adopted September 27, 2016, amended Section 2.26.060 in its entirety to read as herein set out. Former Section 2.26.060, pertaining to removal from office—non-attendance at meetings, was previously codified herein and repealed in its entirety. See Code Comparative Table and Disposition List for complete derivation.

44. Ord. No. 1755 N.C.(2d), § 1, adopted December 13, 2016, repealed § 2.08.160, which pertained to review of chapter on annual basis and derived from Ord. 1426 N.C.(2d), § 1 (part), 1999.

45. Ord. No. 1799 N.C. (2d), § 3, adopted June 26, 2018, repealed § 2.10.074, which pertained to legal department—general liability claims and insurance and derived from Ord. No. 1692 N.C.(2d), § 4, 3-25-2014.

46. Ord. No. 1799 N.C. (2d), § 4, adopted June 26, 2018, repealed § 2.10.093, which pertained to human resources department—workers' compensation divisions and derived from Ord. 1267 N.C.(2d) § 6, 1993.

47. Ord. No. 1819 N.C. (2d), §§ 1, 2, adopted September 24, 2019, amended provisions and title of §§ 2.02.190, 2.02.220 as herein set out. Former § 2.02.190 pertained to 'presiding officer'; former § 2.02.220 pertained to 'remedies for disruption of council meeting.'

48. Sec. 2 of Ord. No. 1692 N.C.(2d), adopted March 25, 2014, repealed § 2.10.038, 'CITY manager department—Human resources division', which derived from Ord. 422 N.C.(2d), 1978; and Ord. No. 1641 N.C.(2d), adopted April 26. 2011.

49. Ord. No. 1641 N.C.(2d), § 6, adopted Apr. 26, 2011, repealed § 2.10.042, which pertained to 'community development department—community development and housing division', and derived from Ord. No. 1506 N.C.(2d), § 3, adopted 2003.

50. Ord. No. 1641 N.C.(2d), § 7, adopted Apr. 26, 2011, repealed § 2.10.045, which pertained to 'community development department—housing division', and derived from Ord. 1199 N.C.(2d), § 5, adopted 1992.

51. Ord. No. 1642 N.C.(2d), §§ 1, 4, adopted May 24, 2011, repealed the former Ch. 2.26., §§ 2.26.010 and 2.26.020, and enacted a new Ch. 2.26 as set out herein. The former Ch. 2.26 pertained to 'vacancy in office for nonattendance at meetings' and derived from Ord. 1216 N.C.(2d), § 1(part), adopted 1992.

52. Ord. No. 1820 N.C. (2d), § 2, adopted September 24, 2019, amended provisions and title of § 2.26.110, as herein set out. Former § 2.26.110 pertained to 'rules and records.'

53. Ord. No. 1642 N.C.(2d), § 2, adopted May 24, 2011, repealed Ch. 2.27, §§ 2.27.010 and 2.27.020, which pertained to 'limitation on terms of office' and derived from Ord. 434 N.C.(2d), § 1(part), adopted 1978.

54. Ord. No. 1642 N.C.(2d), § 3, adopted May 24, 2011, repealed Ch. 2.28, §§ 2.28.010—2.28.180, which pertained to 'community development council—general regulations—coordination section', and derived from Ord. 65 N.C.(2d), § 1.01—2.05, adopted 1971.

55. Ord. No. 1645 N.C.(2d), § 1, adopted May 24, 2011, repealed Ch. 2.30, §§ 2.30.010—2.30.040, which pertained to community development council—beautification advisory commission and derived from Ord. 65 N.C.(2d), § 3.01—3.04, adopted 1971; Ord. 1105 N.C.(2d), § 1, adopted 1990; and Ord. 1323 N.C.(2d), § 1, adopted 1995.

56. Ord. No. 1859 N.C. (2d), § 2, adopted December 7, 2021, repealed the former ch. 2-27, §§ 2.27.010—2.27.030; 2.27.050—2.27.070, and enacted a new ch. 2-27 as set out herein. The former ch. 2-27 pertained to similar subject matter and derived from Ord. No. 1856 N.C. (2d), § 2, adopted September 28, 2021.

57. Ord. No. 1870 N.C., §§ 1, 2, adopted March 28, 2023, repealed the former ch. 2.10, §§ 2.10.010—2.10.142, and enacted a new ch. 2.10 as set out herein. The former ch. 2.10 pertained to similar subject matter and derived from Ord. 422 N.C.(2d) §1(part), 1978; Ord. 483 N.C.(2d) §§1, 2, 3, 1979; Ord. 870 N.C.(2d) §§1, 3, 4, 5, 1986; Ord. 975 N.C.(2d) §§1, 5, 1988; Ord. 1024 N.C.(2d) §§1, 2, 1989; Ord. 1062 N.C.(2d) §§1, 2, 1989; Ord. 1155 N.C.(2d) §§2, 3, 1991; Ord. 1199 N.C.(2d) §§1, 6, 7, 8, 9, 1992; Ord. 1267 N.C.(2d) §§1, 5, 6, 1993; Ord. 1287 N.C.(2d) §1, 1993; Ord. 1395 N.C.(2d) §2(part), 1998; Ord. 1501 N.C.(2d) §2, 2003; Ord. 1503 N.C.(2d) §1, 2003; Ord. 1506 N.C.(2d) §2, 2003; Ord. 1641 N.C.(2d) §§1, 8, 9, 10, 11, 4-26-2011; Ord. 1692 N.C.(2d) §§1, 3, 5, 3-25-2014; Ord. 1703 N.C.(2d) §§1, 3, 2-10-2015; Ord. No. 1799 N.C. (2d), §§1, 2, 4, adopted June 26, 2018; Ord. 1848 N.C.(2d) §§1, 2, 3, 4, 1-12-2021.

58. Ord. No. 1647 N.C.(2d), §§ 1, 2, adopted May 24, 2011, repealed Ch. 2.36, §§ 2.36.010—2.36.040, and enacted a new Ch. 2.36 to read as set out herein. Former Ch. 2.36 pertained to community development council—economic development commission and derived from Ord. 65 N.C.(2d), §§ 6.01—6.04, adopted 1971; and Ord. No. 1139 N.C.(2d), § 1, adopted 1990.

59. Ord. No. 1871 N.C. (2d), § 1, adopted May 28, 2024, amended the title of chapter 2.36 from "Economic Vitality Commission" to "Economic Development Commission," as set out herein.