HomeMy WebLinkAboutAGENDA REPORT 1995 0517 CC REG ITEM 11Ji
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AGENDA REPORT
CITY OF MOORPARK
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TO: The Honorable City Council
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FROM: Steven Kueny, City Manager 0l U`e�
DATE: May 15, 1995 (CC Meeting of 5/17/95)
SUBJECT: Reconsider Membership of Board of Appeals
BACKGROUND:
The City's Board of Appeals was created when the City adopted the
1991 Uniform Building Code (and other previous adoptions of the
Code). Although the Board of Appeals was created, it did not
have members appointed to it. On April 5, 1995, Resolution No.
95-1110 was approved. This resolution appointed the Mayor and
City Council of the City of Moorpark to serve on the Board of
Appeals as provided for by the Uniform Code for Abatement of
Dangerous Buildings and the Uniform Building Code. The
appointment expires June 30, 1995. This appointment was
specifically made to address the expected appeal of the Building
Official's decision by Mr. Wokal.
At the April 19, 1995, City Council meeting, Mr. Wokal addressed
the City Council on the cost of an appeal. The City Council
extended the appeal date to May 8 and set the fee for staff time
not to exceed $450.00, to begin accruing on April 20. Mr. Wokal
has now filed a valid appeal, and the Board of Appeals (City
Council) is being asked to set the appeal hearing for June 7,
1995.
DISCUSSION:
Mayor Lawrason and I feel that the City Council should reconsider
serving as the Appeals Board. The primary reason in asking for
reconsideration is to insure that a person independent of the
City with expertise in building codes and practices can evaluate
the decision and opinions of the City's Building Official and Mr.
Wokal's (appellant's) structural engineer. I think one of the
reasons the City Council appointed itself was to have a timely
decision on this matter. Use of a hearing officer shouldn't
cause a delay. However, a short delay would be warranted in
consideration of the expertise and independence of a hearing
officer. The person selected should have working knowledge of
the Uniform Building Code and, in my opinion, be a current or
former Building Official from another public agency or a private
firm that provides building plan check and inspection services to
a city or county. The person could also be an architect or
structural engineer. The person would also need to have the
ability to conduct a hearing. Another option would be to appoint
a 3 or 5 member Board with similar qualifications and also
independent of the City. The Director of Community Development
has contacted the International Conference of Building Officials
(ICBO) for possible candidates and to determine the estimated
cost to retain the services of a hearing officer. This
information should be available on May 17.
RECOMMENDATION:
Rescind Resolution No. 95-1110 and authorize appointment of
hearing officer to serve as Board of Appeals.
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