§ 8-1.12. Board of Appeals.

(a)

General.

(1)

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 and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Appeals shall have no authority relative to interpretations of the administrative provisions of this Code. The Board shall have no authority to waive requirements of this Code.

(2)

An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals.

(3)

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.

(b)

Notice of appeal.

(1)

A request for appeal may be taken only by filing a written notice of appeal with the Secretary of the Board no later than the fifteenth (15th) day after the date the Building Official makes a written determination accepting, denying or modifying a proposed design solution regarding Building Code and/or disabled access requirements.

(2)

Each notice of appeal shall include:

(i)

A description of the work or improvements proposed to be made or done;

(ii)

A description of the proposed location of the work or improvements;

(iii)

The reasons, in detail, why:

(aa)

The decision of the Building Official should not be sustained; and

(ab)

The relief requested for should be granted.

(c)

Request for ratification.

(1)

For purposes of this Chapter, "Request for Ratification" means a written request by the Building Official that the Board approve a proposed solution based upon a finding of "unreasonable hardship" as that term is used in Title 24 of the California Code of Regulations.

(2)

The Board must have approved a Request for Ratification, prior to the approval of plans or issuance of a permit which requires a finding of unreasonable hardship.

(3)

The Building Official shall place any Request for Ratification of a determination of unreasonable hardship on the Board's Agenda in accordance with these provisions.

(d)

Filing fee. No notice of appeal or request for ratification shall be accepted by the Secretary of the Board unless the appellant shall have first paid a filing fee as set forth in the Schedule of Service Charges established by resolution of the City Council.

(e)

Hearings.

(1)

The Building Official shall place all matters for hearing on the Board's Agenda no later than ten (10) days prior to the meeting date on which the matter is set to be heard.

(2)

All requests for ratification and for appeal shall be in writing and shall contain sufficient information to allow the Board to make a determination on the request.

(3)

An appeal shall be heard at the next regular meeting of the Board which is held not more than seventy-five (75) days after the notice of appeal is filed.

(4)

At such meeting, or at such later time as the matter may be continued by the Board, the appellant and the Building Official or any of his or her authorized representatives, shall be given a reasonable opportunity to be heard on the matter and to present relevant evidence.

(f)

Decisions.

(1)

The Board shall not render any decision allowing a proposed design solution unless, after the hearing, it finds on the basis of substantial evidence that:

(i)

The proposed design is satisfactory and complies with the intent of this Chapter; and

(ii)

The proposed design meets the requirements of Title 24.

(2)

Board decisions overruling the Building Official's decisions shall require four (4) votes.

(3)

Board decisions ratifying the Building Official's requests for ratification shall require three (3) votes.

(4)

Should the Board render a decision contrary to that of the Building Official, then the decision of Board shall be deemed the decision of the Building Official.

(g)

Findings and order.

(1)

Within thirty (30) days following the conclusion of the hearing, the Board shall make written findings of fact, based upon the evidence received at the hearing to support its decision and shall issue an order affirming, modifying, or overruling the determination or order of the Building Official under appeal.

(2)

The decision of the Board shall be final and conclusive.

(3)

The findings and order of the Board shall include the following notice:

(h)

Notice to parties.

(1)

The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.

(2)

The findings and order of the Board shall either be personally delivered or mailed to the appellant within thirty (30) days following the conclusion of the hearing

(§ 1 (Exh. A), Ord. No. 1262, eff. January 5, 2017)