HomeMy WebLinkAboutAGENDA REPORT 1995 0315 CC REG ITEM 11FTo:
From:
Date:
Subject
AGENDA REPORT
City of Moorpark
The Honorable City Council
Jim Aguilera, Director of Community
gal
ITEM
of 199 S
A( TION; 1 q1 tb odi
I3y
Developmenv�
March 9, 1995 (CC meeting of 3/15/95)
CONSIDER APPOINTMENT OF THE BOARD OF APPEALS AS
ESTABLISHED BY THE UNIFORM BUILDING CODE SECTION 204. (a)
Background:
At the City Council meeting of March 1, 1995, staff discussed the
issue of the Wokal building reconstruction during the public
comments period. Staff indicated to the Council that City's Board
of Appeals does not have members appointed to it. The Board of
appeals was created when the City adopted the 1991 Uniform Building
Code (and other previous adoptions of the Code).
Section 204. [a] states:
"General. In order to hear and decide appeals of orders,
decisions or determinations made by the building official
relative to the application and interpretation of this code,
there shall be and is hereby created a board of appeals
consisting of members who are qualified by experience and
training to pass on matters pertaining to building
construction and who are not employees of the jurisdiction.
The building official shall be an ex offi ci o member of and
shall act as secretary to said board but shall have no vote on
any matter before the board. The board of appeals shall be
appointed by the governing body and shall hold office at its
pleasure. The board shall adopt rules of procedure for
conducting its business, and shall render all decisions and
CA95\BRD-APLS.WPD
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The Honorable City Council
Page 2
March 9, 1995
findings in writing to the appellant with a duplicate copy to
the building official."
As previously stated, the City Council has not made appointments to
the board or created rules of procedure for conducting business.
Staff has received copies of the rules of procedure from the cities
of Thousand Oaks and Santa Paula (see attached). Staff is aware
that the filing of an appeal may occur soon, regarding the Wokal
building. Staff suggests that the Community Development Committee
(Lawrason/Perez) or an ad hoc committee be given the assignment of
drafting rules of procedure and board make-up that can be adopted
in the near future by resolution of the City Council . If Staff were
to receive an appeal prior to the completion of the committee's
task, we would recommend that the Council appoint an interim board
of Appeals. Options could include a hearing officer, one or more
persons employed in a building or construction related position or
the City Council (the City Attorney has indicated that this is
legally viable).
Staff Recommendation:
That the City Council instruct the Community Development Committee
or appoint an ad hoc committee to create draft rules of procedure
that will govern the Board of Appeals, as established by the
Uniform Building Codes, and that said rules of procedure be
presented for adoption by resolution of the City Council as soon as
possible.
Attachments:
Rules of Procedure from Thousand Oaks and Santa Paula
Section 204. (a) of the Uniform Building Code
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rNOVSAND OAKS
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in their presence a mi_%demeanor, misdemeanor/ i,nfraGti.on,
or Infraction, canskstxng of a violation of the
Provisions of this -Code, .or atly_ other" ordinance ,nor.-.sta-tute,-
�rhicYY the "Building df ficial• -has' a-' duty- to •` eenforc.
The. persons who are authorized to make" arrests as
herein 'provided shall consist of the Building -Official
and. those of his subordinates as he may from time to time
.designate, whose• deities • include inspection and
.enforcement- activitkes : for' the City -of "khousand - Oaks. .
SEC. a-1.05. AMENDMENTS-:( SECTION 204: BOARD OF APPEALS.
The Council finds, due to loca c at it is
necessary to alter certain duties and procedures of the Board
of Appeals and that Section 204 of. the. Building Cade is hereby
amended to read as follows:
Sec- 204. Board of Appeals.
(a) Creation:. Powers_ In order to determine
whether alternate'materials and/or types of construction
are equal to or greater than the materials and/or types
of construction permitted by this code, to provide for
reasonable interpretations of the provisions of this
code, and to hear appeals relating to Section 203 of this
code, and such other appeals as may be assigned or
delegated, there shall be and is hereby created a Board
Of Appeals. This Board. shall not have jurisdiction over
the -requirements for accessibility of the physical
'handicapped whichr- - j risdiction shall- -rest with the
Physically Handicapped Access Appeals Board under chapter
I5. .
(b) The Board of Appeals shall consist of five (5)
members who shall be qualified by experience and training
to pass upon matters pertaining to building construction.
Each Councilmember shall have the right to nominate a
person -for one position on the Board of Appeals, which
nomination shall be approved by the City Council for
appointment. Each appointment of a member shall be for
a term equal to that of the Councilmember who nominated
that person and shall expire when that Councilmemberfs
seat is vacated or on the next election day for that
Councilmember, whichever event occurs first. If, after
a Council seat is vacated or a councilman is elected, a
new Board member has not been selected, or the Board
member's term has not been renewed, that Board member
shall serve until the new appointment.or renewal is wade_
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Board members shall hold office at the pleasure of the
City Council_
'arid" pdcedures _ =The d ` of appeals'
-shall' adopt. reasonable roles and regulations for
conducting its investigations and holding its mee"tings_
It shall., render all decisions and. findings in writing to
the Building Official with a ddpiicate copy to the
applicant. Decisions of the 'Board shall be final and
conclusive.. The Board may -'re. ..-ommend to the-; City _Council
`such - new legislatzo_ n,. ordinances or amendments as
consistent with the duties and responsibilities of the
Board.
SEC. 8-I_06_ AMENDMENTS: SECTION 301: PERMITS REQUIRED.
The Council., after due consideration, finds and
determines that due to the geographical location of the City
and the unusual soil., geological. and topographical conditions
prevailing within the City, the public health and welfare
would best be served by setting forth the conditions for which
a building permit shall not be required or - ikay be waived,. and
therefore, subdivisions 1 and 5 of subsection (b) of Section
301 of said'Building Code are hereby amended, and subdivisions
12 and 13 are hereby added to subsection (b) of Section 301,
to read as follows:
Sec. 301.
(b) Exempted work.
1. Building permits shall not be required for
a children's playhouse or tree house, pool
dressing room, equipment shid or utility
building provided that:
(z) The building i.s accessory to a
dwelling unit.
It does not exceed 120 sq. ft. in
area or 12 ft. in overall height from
floor to roof.
(iii) It contains no plumbing or electrical
installations.
(iv) It is not located in a front, side
or other yard wherein a setback'is
required by City zoning regulations.
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Wom
�q�• C,. �i�� lye' '.".'
�gtrF.aR�x�' BUILDING AND SAFETY DEPARTMENT
FROM:
DATE:
SUBJECT:
ISSUE
City of Thousand Oaks
Department of Building and Safety
Board of Appeals
Barry J_ Branagan
March 7, 1991
Rules of Procedure for Conduct of Board Meetings
Whether the Board should adopt the attached resolution establishing
the Rules of Procedure for conduct of board meetings.
RECOMMENDATION
The Director of Building and Safety and Chairman Meyer recommend
that the Board adopt the attached resolution.
BACKGROUND
Chairman Joel Meyer has requested that the Director of Building and
Safety propose a set of Rules of Procedure for conduct of board
meeting.
The proposed rules should- for the most part be self-explanatory and
noncontroversial. However, some provisions of the proposed rules
might raise questions in the minds of Board members. _
First, the Board should note that Section IV-10 provides that the
Presentations to the Board be limited as follows:
(1) The person appealing a decision to the Board shall
be granted 15 minutes to present their case and five
minutes to rebut the testimony of those speaking in
opposition to the application:
(2) All others speaking in favor or in opposition to the
appeal shall be granted five minutes;
(3) Speakers wishing to address the Board under public
concerns shall be granted fire minutes.
Additionally, in Section TV-14(d), the rules provide that the
testimony of witnesses before the Board raay be sworn_ It is
intended that this provision is optional, and that under ordinary
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circumstances, the Board would not require that testimony be given
under oath. This provision is only included to require sworn
testimony when there is a strong likelihood that the matter before
the Board- might result in litigation, or when the Board has
determined, based on past experience, that it has received
incorrect information from project applicants or opponents.
it is staff*s belief that the attached rules will establish a
procedural framework that will promote the fair and efficient
handling of Board business.
Bar J _ ` $ranagan, Direct r
D txEtent of Building and Safety
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1
0
11
RESOLUTION NO. BOA91-01
A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY
OF THOUSAND OAKS ADOPTING RULES OF PROCEDURE
FOR THE CONDUCT OF BOARD MEETINGS
WHEREAS, Ordinance 1058-NS, Section 8-1..05, Section 204 of the
City of Thousand Oaks Municipal. Code provides the functions and
duties of the City's Board of Appeals to include the following:
(1) To hear written appeals brought by any person regarding
action taken by Department of Building and Safety of the City, and
the enforcement of the requirements of state law concerning health
and safety matters; and
(2) To review interpretations of the adopted building codes
concerning enforcement actions taken by the City's Department of
Building and Safety; and
WHEREAS, Chapter 15, Title 8 of the Thousand Oaks Municipal
Code includes the above duties as delegated responsibilities of the
Board of Appeals; and
WHEREAS, the Health and Safety Code of the State of
California and the municipal code of the City of Thousand Oaks
provide for the enactment by the Board of Appeals Rules of
Procedure; and
WHEREAS, the Board of Appeals of th-eCity of Thousand Oaks
wishes to establish Rules of Procedure in order to govern conduct
of the Board meetings and to provide for the orderly handling of
business_
NOW, THEREFORE, be it resolved by the Board of Appeals of the
City of Thousand Oaks that the following Rules of Procedure: are
hereby adopted:
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RULES OF PROCEDURE
BOARD OF APPEALS
CITY OF THOUSAND OAKS
Article I
TIME .AND LOCATION OF BOARD MEETINGS
Section 1-1- Regular Meetings.
PAGE 7/17
The Board of ,Appeals of the City of Thousand Oaks (hereinafter
*the Board") shall hold a meeting as scheduled and advertised in
the Council Chambers of Civic Center at 2150 West Hillcrest Drive,
Thousand Oaks; California.
If, for any reason, the business to be considered at a regular
meeting cannot then be completed, the Board may, at such meeting,
designate the time for an adjourned meeting, and such action shall
serve as adequate notice to all members whether present at such
meeting or not. With respect to members present, it shall.be the
standing order that the Secretary shall endeavor to advise absent
members of the determination to hold such adjourned meeting.
Regular meetings shall be called by the secretary of the Board when
business requiring Board action arises.
Section I-2_ Special Meetings.
Special meetings may be called by the chairman or any two
members, provided at least 24 hours advance notice is given each
member and is given in the form and manner provided in the.
Government Code_ The Secretary of the Board shall give the actual.
notice. Notice shall be in the form as provided by the Government
Code of the State of California. The place of the meeting shall
be the Council. Chambers in the Civic Center of the City of Thousand
Oaks, 21.50 West Hillcrest Drive, Thousand Oaks, California, unless
the written notice of said meeting shall provide elsewhere.
Article 11
OFFICERS - ELECTION OR APPOINTMENT; DUTIES
Section ll-l. Election or A ointment_
Officers of
�. Chairman elected
Board.
BS:lm
y
the Board shall include a Chairman and Vice
by the Board, and a Secretary appointed by the
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(j) Board Discussion
(k) Adjournment
The regular order of business may be suspended by a majority
vote of the members present. All business brought before the Board
shall receive prompt disposition, provided that upon the request
of a member of the Board, such matters may, with the consent of the
Board, be referred to the proper official, or to a committee of the
Board, "appointed by the Chairman, for investigation before action
is taken.
Section III-4. order of Business: Special Meetings._
At all special meetings or at .the regular meeting to
administer the Oath of office to new Board members and the
elevation of new officers, the Secretary may prepare, subject to
the direction of the Chairman, the order of business to be
conducted at said meetings.
Section III-5. Minutes.
At all Board meetings, the minutes of the proceedings shall
be taken and kept. The Secretary shall record in the minutes, the
time and place of each meeting of the Board, the names of -members
present, and all official acts of the Board. Be shall cause the
minutes to be typed and be brought before the Board not later than
the next regular meeting for approval or amendment_ Sufficient
copies of such minutes .shall be made to furnish each member of the
Board. An original copy of such minutes, approved by the chairman
or vice Chairman, and attested to by the Secretary, shall be
chronologically filed with the record of the Board, and shall be
a public record.
Public subcommittee hearings shall be recorded in separate
minutes upon direction of a majority of the. Board.
A recording of the proceedings shall be made on an electronic
recording device at the same time, and such recording shall become
a .part of the permanent records of the Board. Both the minutes and
the electronic recording shall be public records, which shall be
made available to the public for examination, and copies of the
minutes may be procured from the Secretary of the Board for the
cost of reproduction. Unless a reading of the minutes of prior
Board meetings is required by a member of the Board, such minutes
may be approved without reading, provided the Secretary has
previously furnished each member of the Board with a copy thereof.
Section 111-6. Quorum.
A majority of the members of the Board shall constitute a
quorum for the conduct of business, and the vote of a majority of
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Section IV-5_ motion to Reconsider.
A motion to reconsider any action taken by the Board may be
made only on the same day during the same session or at an
extension of the same session. Such a motion must be made by one
on the prevailing side. The motion may be made at any time and
shall have precedence over all other motions or while a member has
the floor. The motion shall be debatable.
Section IV-6. Remarks of a Board Member.
A Board member may request, through the Chairman, the
privilege of having a verbatim copy of his statement, on any
subject under consideration by the Board, entered in the minutes.
Y If a majority of the Board consents thereto, such statement shall
�'. be entered in the minutes.
¢. Section IV-7. Synopsis of Debate Entered in the Minutes.
�>> The Secretary may be directed by the chairman, with consent
��. of the Board, to enter in the minutes a synopsis to the discussion
of any question coming regularly before the Board.
Section IV -a. Parliamentary Authority.
Except as otherwise provided herein, all questions or
parliamentary procedure not otherwise provided for in the
Government Code, the municipal code, or these -rules, shall be
Y resolved according to the "Manual of Legislative Procedure' by Paul
Mason, 1979 Edition.
F Section IV-9. Failure to Observe Rules of order.
Rules adopted to expedite the transaction of the business of
the Board in an orderly fashion are deemed to be procedural only
and the failure to strictly observe such rules shall not affect the
jurisdiction of the Board, unless provision,is made elsewhere by
law, or invalidate any action taken at a meeting that is otherwise
held in conformity with law.
Section IV-10. Addressing the -Board.
Any person desiring to address the Board on a matter on the
agenda should request permission to do so in writing to the
Chairman and must secure the recognition of the Chairman before
making any statement on a pending natter. The appellant shall be
granted 15 minutes to present testimony to the Board in support of
its application. Any other individual desiring to speak in favor
or in opposition to any agenda item shall be granted five minutes
to speak on the item. The appellant shall also be granted five
minutes to present rebuttal testimony after all other public
testimony is received.
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r
a.
Any person desiring to address the Board on a matter not
on the agenda, or when the matter is not being considered by the
Board, should do so in writing or under that portion of the agenda
T' reserved for public discussion of a general character.
Section IV-11. Manner of Addressing the Board_
Each person addressing the Board -shall step up to the
speaker's stand, shall speak into the microphone, stating his name
and address in an audible tone. All remarks shall be addressed to
the Board as a body and not any individual member thereof. No
person, other than a Board member, and the person having the floor,
shall be permitted to enter into any discussion, either directly
or through a member of the Board, without the permission of the
Chairman. No questions shall be asked of a Board member or a
member of the staff, except through the Chairman_
Section IV-12. Rules of Evidence.
The Board hearings need not be --conducted according to the
technical rules of evidence, and hearsay evidence may be received
in the hearing, provided that the hearsay evidence is the kind of
evidence that ordinary men rely upon in the conduct of serious
affairs. A decision may not be based upon hearsay evidence alone.
Section TV-13_ Setting Hearings.
In order to expedite the hearings on any petition, application
or appeal, the time for such hearings shall be set by the Secretary
at the time of filing of the petition, application or appeal, and
the Secretary shall cause notice thereof to be given as required
by law or ordinance.
Section TV-14. Hearings.
It is hereby established that the procedure for public
hearings shall conform as nearly as possible to the following
outline:
(a) The Chairman will direct all persons desiring to testify
on any item shown on the agenda, to fill in and submit a speaker's
card-
(b) The Chairman will announce, "The Chair will now open the
public hearing on
(c) The Chairman will then request
designated assistant, or other City staff
written or oral report on the matter.
automatically become an exhibit and be
directed by the Board_
1 BS:Im
-$-
the Secretary, or his
members, to present a
The staff report will
filed unless otherwise
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(d) Witnesses testifying at hearings before the Board may be
sworn. The Chairman may request that all persons desiring or
intending to testify in connection with the case, which has been
identified by reading of the application, to stand_ Thereupon,
while the prospective witnesses are standing, the Chairman will
administer the oath in the following words: "Do you Solemnly swear
that the testimony you are about to give in the matter pending
before this Board shall be the truth, the whole truth, and nothing
but the truth, so help you God?"
(e) The Chairman will then announce, at the appropriate time,
the following: "In receiving the testimony pertaining to the
matter now pending before this Board, the opportunity will first
be given to the applicant or his representative to supplement the
information given on the application." This will be followed by
testimony of others who desire to support the application. Upon
completion of testimony by proponents, an opportunity will be given
to the applicant to rebut any testimony that may have been
introduced, and to respond to questions raised by the Board. At
the conclusion of such rebutted testimony, the hearing will be
closed_ The Chairman may establish time -limits on the testimony
of the proponents, opponents and rebuttal, and announce that each
witness shall give his name and address for the record.
(f) The Chairman will then require, "Is the applicant or his
representative present, and do you desire to be heard?"
Thereafter, the applicant, and in order, others who desire to
testify on behalf of the applicant, will be heard.
(g) The Chairman will then inquire, "Axe there persons
present who desire to be heard in opposition to the application?"
Thereafter, those who may be present who do so desire to testify
in opposition will be heard in order.
(h) The Chairman will then announce, "Is there any question
that any. member of the Board would like to direct to any witness
or to staff before the hearing is closed?" Such questions may be
asked upon recognition by the Chairman. All questions to staff
will be raised by the Board -prior to the applicant's rebuttal, and
that the last item to be heard while the hearing is open will be
the applicant's rebuttal.
(i) Upon completion of the opposing testimony, the Chairman
will inquire, "If the applicant or his representative has rebuttal
testimony that he desires to introduce, it will now be received."
It will then be received.
(j) If, during the course of a hearing, it is the desire of
any party to the hearing to ask questions of the witness, such
questions shall be deferred until the conclusion of the testimony
by the witness and then the question shall be directed to the
witness through the Chairman, not frotu the floor. In this
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flr;,
,;;... connection, testimony shall be kept to factual matters and personal
references shall never be permitted.
(k) The Chairman will then announce, "The testimony in this
case having been received, if there are no objections, the Chair
will close the public hearing_" (No further questions to staff or
-' applicant without reopening public hearing to avoid introduction
of prejudicial evidence or new information unless questions result
in responses that are established facts, or to repeat information
introduced during the hearing_)
(1) The Chairman will then entertain a main motion and will
restate the motion. He will then call for the vote on the main
motion_
(m) Amendments to the main motion may be introduced and take
precedence over the original motion, for voting purposes. An
amendment must pertain to the main motion, thus, requiring that it
be relevant, appropriate, and in a logical and natural sequence to
the subject matter of the original proposal_ An amendment may be
amended, but an amendment to an amendment may not be amended, thus,
an amendment to the third degree is out of order,
(n) Frivolous and imroper amendments: (1) A motion is not
in order which would change one kind of. motion to another kind, or
which would substitute one kind for another kind; (2) A motion
striking out the enacting or resolving clause, or so changing the
proposition that no rational proposition would be left before the
Board, is not in order; (3) An amendment which would put before the
Board a question identical with one previously decided by the Board
during the meeting, whether in an affirmative or -in a negative
form, is not in order-
(0) The chairman will then ask for the vote to be cast. (A
Board member may request the recording Secretary to change a vote
if an error has been made in recording said vote.)
(p) The procedure outline in these rules is directory only
and is not jurisdictional.
Section IV-15. Decorum_
While the Board is in session, the Chairman. shall preserve
order and decorum and the audience or a member shall neither, by
conversation or other conduct, delay nor interrupt the proceedings
or order of the Board. It shall be considered improper for a
member to interrupt another member while speaking_
Section IV-3 6_ Enforcement of Decorum_
The chairman shall have the power to appoint a,Sergeant of
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Arms, who may be the Sheriff or his authorized deputy, when the
Chairman finds that the services of a Sergeant of Arms are
necessary_ The Sergeant of Arms shall carry out all orders and
instructions given him by the Chairman for the purpose of assisting
the Chairman in maintaining order and decorum at the Board meeting_
Article V
t, COMMITTEES
Section V-1. Special Committees.
y..
y The Chairman may, subject to a confirmation by a majority vote
" of the Board members present, appoint special committees_ Such
;= special committees that require staff time beyond 20 hours must be
authorized by the City members to such committees_
C.
Section V-_2_ Standing Committees.
�sr`=
1 The Chairman may, subject to the confirmation by a majority
vote of the Board members present, establish standing committees
r:•
and appoint Board members to such committees.
Article VI
MISCELLANEOUS RULES AND AMENDMENT'S
Section VI-z_ Dissent Against Board Action.
k.
•. Any member shall have the right to have his reasons for a
`-. dissent from or protest against any action of the Board entered in
the minutes.
Section V1-2 Resolutions.
All resolutions shall be signed by the presiding officer of
the meeting at which it was adopted and attested by the Secretary,
given an appropriate number, and filed in a resolutions book kept
s:- for that purpose, and shall be a public record.by the
City -Section VI-3_ Notices of Decision.
G:
"r• Upon adoption of a resolution deciding any petition,
application or appeal,, the Secretary shall send a copy thereof to
the petitioner, applicant or appellant and give such other notice
s_ thereof as is required by law or ordinance or directed by the
Board.
section VI-4. Amendment_
• These rules and
the Board and may be
Of the Board_
BS-1m
MAR 6 '95 12:49
regulations may be adopted by resolution of
amended by, and only by, written resolution
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Section VT-5- Certification.
The Secretary shall certify to the adoption of this resolution
and provide each member of the Board with a copy thereof.
I`hereby certify the foregoing resolution was adopted by the
city of Thousand Oaks, Board of Appeals at a special meeting held
on the 7th day of March, 1991, by the following vote-
Ayes 5 Board members:
Nays o _ Board Members:
,Absent Board Members:
1 0
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CITY OF THOUSAND OAKS, BOARD OF APPEALS
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MAR-06-95 MON 11:50 AM CITY OF SANTA PAULA CDEV FAX NO, 805 525 6660
P. 01/06
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Engineering/ Public Works . (805) 9334266
Fire Prevention ............ (805) 9334266
Planning ................... (805) 933-4215
Mailing Address:
200 S. 1 Oth Street
P. 0. Box 569, Santa Paula, CA 93061
FAX: (805) 525-6660
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MAR 6 '95 11:51 805 525 6660 PAGE.001
MAR-06-95 MON 11:50 AM CITY OF SANTA PAULA CDEV FAX NO, 805 525 6660 P,02/06
RULES OF PROCEDURES FOR BUILDING APPEALS BOARD
1. The Building Appeals Board shall meet on an as needed basis to
hear and decide appeal of orders, designs or determinations
made by the Building Official.. The Chairperson or Secretary to
the Board shall set the meeting date, time and place.
2. The Building Appeals Board shall select a Chairman to serve at
the leisure of the Bvard.
3. Members of the Board may modify or amend their Roles of
Procedure from time to time by majority vote.
4. A quorum of the Building Appeals Board shall be three or more
members present. A majority of the members present must vote
to overturn the Building Official decision.
5. The Building & Safety Department shall submit a staff report
concerning each agenda item that comes before the board.
6. The Board may grant a reasonable continuance to the Appellant
Board or the Building & Safety Department in the event the
Board finds that the continuance will be beneficial to the
Board and will not interfere with the prompt and expeditious
handling of matters within its jurisdiction.
7. The Chairman shall conduct hearings in an orderly manner in
considering a matter before it, the Board shall first review
and hear the report of Building & Safety Department. The Board
shall then review and hear the request of the aggrieved party.
The Chairman shall allow a reasonable time for questions by the
Board of the interested parties.
8. The Chairman shall close the hearing upon receipt of the
reports and evidence. The Board shall then have the
opportunity to. discuss the matter. The Chairman may entertain
a motion to decide the matter or take such other action as may
be appropriate. if there is a second to the motion, the Board
shall vote on the motion.
9. The Building Official shall prepare written minutes of the
meeting, keep the original minutes, and mail a copy to each
Board member and interested party within seven days of the
meeting.
10. The Building Appeals Board shall enforce the Rules and
Regulations as required by the effected codes and State of
California Regulations.
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15.04.020 The following is added to Section 104 (e) Relocated
Structures. A. Relocation Investigation and Building Permit Re-
quired. No person shall move or cause any building or structure to
be relocated within the area of the city without first obtaining a
relocation investigation permit and a building permit from the build-
ing official.
B. Relocation Impractical. The building official shall not
issue a permit for any building or structure to be relocated where
the building or structure endangers the public health, life or safety.
C. Appeal. Any person denied a permit for relocation of a
structure may appeal such decision to the appeals board of the city
within seven days of such denial. The appeal shall contain a state-
ment of reasons therefor. The appeals board may sustain, modify, or
reverse the decision of the building official. Its decision shall be
final.
D. Building Permit for Relocated Structures. A building permit
may be issued by the building official to the owners of buildings or
structures to be relocated for a period not to exceed six months.
The building official may extend the permit for an additional period
of up to six months.
E. performance Bond. The owner of the building to be relocated
shall submit a cash band in an amount equal to the estimated cost of
the work to be performed as determined by the building official. The
amount and conditions of the bond shall be memorialized in writing in
a form prescribed by the city. Upon written request a portion of the
bond may be released to the owner during the progress of the work,
retaining so much therefor as, in the discretion of the building
official, shall secure the city for the performance of any work remain-
ing.
Failure to complete all work described in the agreement within
the time prescribed therein constitutes a material breach thereof.
The building official may enforce the provisions of the agreement by
an action in specific performance or injunction to cause the struc-
ture to be completed or demolished, by any other action at law or
equity, by referral to the district attorney.for institution of crimi-
nal proceedings, or issuance of a citation for violation of Title
15. The deposit required in this section may be applied to pay reason-
able attorney's fees incurred by the city and the balance thereof, if
any, shall be applied in the manner directed by the court towards the
fulfillment of the agreement.
15.04.030 APPEALS BOARD. Section 104 (f) is added to read as
follows:
APPEALS BOARD
A. MEMBERSHIP. The appeals board shall consist of five members
who are qualified by experience or training to make determinations on
matters pertaining to enforcement of the construction codes adopted
by the city. The board may be generally representative of the follow-
ing categories of interest within the construction industry:
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1_ General building contractors
2. Subcontractors in any of the building trades
3. Civil, structural, mechanical or electrical engineers
licensed by the state
4. Architects licensed by the state.
B. APPOINTMENT AND TERMS OF OFFICE OF MEMBERS. The appeals
board shall be appointed by the mayor, with the approval of the city
council. Members shall be appointed for three-year terms, except
that new members shall be appointed to terms which will expire alter-
nately to those expiration dates of present members insofar as that
is possible.
C. RULES OF PROCEDURE--CHAIRMAN—VOTE REQUIRED FOR ACTION --
MEETINGS. The appeals board shall adopt reasonable rules for the
hearing of appeals and the conducting of its investigations.
it shall select a chairman and shall establish procedures to be
followed by the secretary of the board.
Three regular members shall constitute a quorum.
Action taken by the board must be approved by three of the mem-
bers present and voting on the matter before the board.
The board shall meet at such regular intervals as it deems neces-
sary for prompt and expeditious handling of matters within its juris-
diction.
D. APPEALS TO BOARD FROM INTERPRETATIONS OF THE TECHNICAL
CODES. Persons aggrieved by interpretations given to provisions of
the technical codes by those responsible for their enforcement may
appeal such interpretations to the appeals board.
Appeals shall be in writing and shall specify in detail the
matter on which the appeal is taken.
Notice of appeal shall be filed with the secretary of the board.
Where the application or interpretation of a code provision is
uncertain or ambiguous, the board may affirm, reject or modify such
contested interpretations and may, by resolution, establish reason-
able guidelines for the interpretation and enforcement of such code
provisions, provided that the board shall have no power to make sub-
stantive changes in code provisions or interfere with or prevent the
proper and due enforcement and administration of code provisions by
city personnel.
If the matter appealed to the board involves the suitability of
alternative materials or methods of construction, any decision of the
board approving the use of alternate materials or alternate methods
of construction which is of general application shall be effective
upon the adoption of rules and regulations in the manner provided by
Section 15.40.080.
E. VARIANCES FROM THE TECHNICAL CODES. The appeals board shall
have the power to grant minor variances from the provisions of the
technical codes of the city when it is found and determined in a
particular case that:
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1. practical difficulties or unnecessary hardships will
exist in carrying out the strict letter of the provisions in ques-
tion; and
2. The granting of a variance will prevent an injustice
being done to the person seeking the variance; and
3. The variance as granted will result in substantial compli-
ance with the code provision in question and will not jeopardize
health or safety.
F. ALTERNATIVE MATERIALS AND ALTERNATIVE METHODS OF CONSTRUC-
TION. 1. The appeals board shall formulate and enforce such imple-
menting rules and regulations concerning the use of alternate materi-
als and alternate methods of construction as are necessary to supple-
ment provisions of the technical codes.
2. It may, on its own motion or upon the recmest of any
interested party, promulgate general or specific rules and
regulations determining the suitability of alternate materials and
alternate methods of construction.
3. Rules and regulations of general application approving alter-
nate materials or alternate methods of construction shall be pub-
lished once in the official newspaper of the city within ten days of
their adoption, and shall not be effective until ten days after date
of publication.
4. The published rules and regulations shall be maintained in
the office of the city clerk and shall be made available to the
public upon request.
G. CONDITIONAL CERTIFICATES OF OCCUPANCY, 1. The appeals
board may authorize the issuance of a conditional certificate of
occupancy to carry out the intent and purposes of the technical codes
of the city.
2. A conditional certificate of occupancy may contain such
terms and conditions as deemed necessary by the board to protect the
health, safety and welfare of the public.
3. A conditional certificate of occupancy must not be injurious
to the public welfare, nor to property in the vicinity of the struc-
ture to be occupied.
H. APPEALS TO COUNCIL FROM ACTION OF BOARD. 1. Any interested
person may appeal action taken by the appeals board pursuant to Sec-
tions 15.40.060 through 15.40.090 by filing with the city clerk,
within ten days after the date of such action, a written request that
the matter be set for appeal hearing by the city council.
2. The appeal shall be set for hearing before the council not
later than thirty days following the date of filing of notice of
appeal.
3. The city council may continue its hearings on such appeal
from time to time. It may hear evidence from competent persons as
may be desired. It may return the matter to the board for further
information or for further hearings.
4. The city council may modify, as it may deem proper, any
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ruling of the board_ Any ruling so modified shall be returned to the
board, and the code enforcement officers of the city shall act under
that modified ruling in the same manner as a ruling which the board
itself might issue.
5. If the ruling permits the use of alternate materials or
methods of construction in a manner which is of general application,
such modified ruling shall be published in the official newspaper of
the city in the manner specified by Section 15.40.080.
I. REVIEW OF CODES. The appeals board shall investigate and
review the technical codes of the city on a continual basis and may
recommend to the city council such new legislation or changes in
these codes as it may deem necessary or desirable.
J. INTERESTS OF BOARD MEMBERS. 1. A member of the appeals
board shall not vote on matters brought before the board by any per-
son, firm or association with whom such member has a direct or indi-
rect financial interest.
2. The fact of such interest must be disclosed to the board by
the member prior to board action and shall be noted in its -official
minutes by the secretary.
K. CONFLICTING PROCEDURES. 1. Any and all provisions of the
codes of the city in conflict with this chapter shall control in all
matters over which this chapter grants jurisdiction to the appeals
board.
15.04.040 VIOLATION. Section 205 is added to read:
To the extent that any of the provisions adopted by reference in
this Title differ with the provisions of Sections 1.08.010, the provi-
sions of Section 1.08.010 shall govern.
Whenever an act is prohibited or is made or declared to be unlaw-
ful or an offense or the doing of an act is required or the failure
to do an act is declared to be unlawful or a misdemeanor in any of
the codes adopted by reference in this Title, the violation of any
such provision shall be subject to punishment pursuant to the provi-
sions of section 1.08.010.
15.04.050 EXEMPTED WORK. 1. The following shall be added to
Section 301 (b): 2. Fences not over 6 feet high unless masonry wall
construction is required by conditions or ordinances of the City.
12. A. Radio and TV antennas less than 30 feet when connected
to the roof or structure (excluding dish type).
B. Radio and TV antennas less than 50 feet when connected
to the ground only (excluding dish type)-
C. Flagpoles less than 15 feet when connected to the roof
or structure.
D. Flagpoles less than 25 feet when connected to the
ground only.
E_ Dish type antennas less than 10 feet connected to the
ground only.
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1991 UNIFORM BUILDING CODE 204-205
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Board of Appeals
Sec. 204. (a) General. In order to hear and decide appeals of orders, decisions
or determinations made by the building official relative to the application and inter-
pretation of this code, there shall be and is hereby created a board of appeals con-
sisting of members who are qualified by experience and training to pass on matters
pertaining to building construction and who are not employees of the jurisdiction.
The building official shall be an ex officio member of and shall act as secretary to
said board but shall have no vote on any matter before the board. The board of ap-
peals shall be appointed by the governing body and shall hold office at its pleasure.
The board shall adopt rules of procedure for conducting its business, and shall ren-
der all decisions and findings in writing to the appellant with a duplicate copy to
the building official.
(b) Limitations of Authority. The board of appeals shall have no authority rela-
tive to interpretation of the administrative provisions of this code nor shall the
board be empowered to waive requirements of this code.
Violations
Sec. 205. It shall be unlawful for any person, firm or corporation to erect, con-
struct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip,
use, occupy or maintain any building or structure or cause or permit the same to be
done in violation of this code.
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