Walnut Creek Municipal Code Art. 4 Appeals

a. General. In order to hear and decide appeals of notices, orders, decisions, or determinations made by the Building Official regarding the application and interpretation of this code, there shall be and is hereby created a "Local Appeals Board" and "Housing Appeals Board," as those terms are defined and used in the California Building Standards Code (the "Board of Appeals"). The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure but in no event shall serve longer than four (4) years without reappointment by the City Council.

b. Limitations on Authority. 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 that satisfies the code. The Board of Appeals shall have no authority to waive requirements of this code.

c. Number. The Board of Appeals shall consist of five (5) members and two (2) alternates appointed by the City Council.

d. Alternate Members. The City Council may appoint two (2) alternate members who shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.

e. Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City. The Board of Appeals shall consist of five (5) individuals. Appointees shall be qualified in and specifically knowledgeable in the California Building Standards Codes and applicable local ordinances.

f. Chairperson. The Board of Appeals shall annually select one (1) of its members to serve as chairperson.

g. Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest, or a conflict of interest under the Fair Political Practices Act. A disqualified Board of Appeals member shall declare his or her disqualification to the Building Official, who shall arrange for an alternate member to serve in place of the disqualified member and shall make the disqualification part of the hearing record.

h. Secretary. The City Manager shall designate a qualified clerk to serve as secretary to the Board of Appeals. The secretary shall file a detailed record of all proceedings in the City Clerk's office.

i. Compensation of Members. Members of the Board of Appeals shall serve without compensation.

j. Quorum. A quorum shall consist of three (3) members and/or alternates.

k. Open Hearing. The Board of Appeals shall have no regular meetings; all meetings shall be special meetings noticed pursuant to California Government Code Section 54956. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard on issues that are limited to the scope of the appeal.

l. Hearing Procedure. The hearing shall be informal and shall not require compliance with the rules of evidence. At the hearing, the Board of Appeals shall hear and consider all relevant evidence.

m. Postponed Hearing. Either the appellant or the appellant's representative shall have the right to request a continuance of the hearing. Continuances of the hearing may be granted by the City Manager on request of the appellant or the appellant's representative for good cause shown, or on the City Manager's own motion.

n. Board Decision. The Board of Appeals shall affirm, modify, or reverse the decision of the Building Official by a majority vote of those members present for the appeal.

o. Administration. The Building Official shall take immediate action in accordance with the decision of the Board of Appeals.

(§ 2, Ord. 2094, eff. 1/1/2011; § 3, Ord. 2186, eff. 12/21/2018)

Any person, firm, or corporation who is adversely affected by a decision, order, or determination made by the Building Official regarding the application and interpretation of this code, and all other codes and ordinances required to be enforced by the Building Official, may appeal to the Board of Appeals. Such appeal shall be in writing and shall be filed with the City Clerk. Upon receipt of an appeal, a hearing shall be scheduled before the Board of Appeals. The Board of Appeals' decision shall be final.

(§ 2, Ord. 2094, eff. 1/1/2011)

a. Form of Appeal. Any person may appeal from any notice, order, determination, or any action of the Building Official by filing at the City Clerk's office a written appeal containing the following:

1. A heading in the words: "Before the Board of Appeals of the City of Walnut Creek."

2. A caption reading: "Appeals of _____________," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice, order, determination, or action.

4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

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

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal.

b. Filing of an Appeal. Unless a different filing deadline is required by law, the appeal shall be filed within ten (10) days from the date of the service of such notice, order, determination, 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 life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted as such, such appeal shall be filed within three (3) business days from the date of the service of the notice and order of the Building Official.

c. Filing Fee. A nonrefundable fee, as set forth in the City Council adopted fees and charges, shall be submitted with the initial request for appeal. Failure to file the required fee within the ten (10) day appeal deadline shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.

(§ 2, Ord. 2094, eff. 1/1/2011; § 4, Ord. 2186, eff. 12/21/2018)

a. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the Secretary shall fix a date, time, and place for the hearing of the appeal by the Board of Appeals. Except upon the request of the appellant or the appellant's representative or when the notice provided by the Building Official relates to a situation that is immediately dangerous to life, limb, property, or safety as set forth in Section 9-0.5.403(b), such date shall be not less than ten (10) days and not more than sixty (60) days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

b. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this article shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.

c. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

d. Staying of Order Under Appeal. Except for vacation orders, enforcement of any notice or order of the Building Official issued under this code shall be stayed during the pendency of the appeal that is properly and timely filed.

(§ 2, Ord. 2094, eff. 1/1/2011; § 5, Ord. 2186, eff. 12/21/2018)

a. Decision. The decision of the Board of Appeals shall be in writing and include any material factual determinations and the reason(s) for the decision. The decision shall be final and effective immediately upon its adoption by the Board. A copy of the decision shall be mailed, faxed, or sent by electronic mail to the person who filed the appeal and to the Building Official.

(§ 2, Ord. 2094, eff. 1/1/2011)