ARTICLE IX.
ADVISORY BOARDS, COMMITTEES, AND COMMISSIONS1

DIVISION 1. GENERALLY2

Sec. 2-155 Council authorized to create; applicability of article.

(a) Council’s authority. In addition to boards, committees, and commissions required by the Arizona Revised Statutes, the commission council may create such advisory boards, committees, and commissions as it deems appropriate.

(b) Applicability of article. Unless different requirements are specified for a particular board, committee, or commission in the Arizona Revised Statutes or elsewhere in this Code, this article shall apply to all boards, committees, and commissions of the city.

(Ord. No. 1549, 7-3-06)

Sec. 2-156 Definitions.

As used in this article, the following terms shall have the following meanings:

Body refers to a board, committee or commission of the city.

Special body is a body organized for a limited period to address a specific issue. Special bodies shall be so designated by the common council at the time such bodies are organized.

Standing body is a body organized for an indefinite period to address ongoing issues within its area(s) of responsibility. A body is a standing one unless designated as a special one.

(Ord. No. 1549, 7-3-06)

Sec. 2-157 Membership.

(a) Balanced membership. It is the policy of the city that each body shall have a balanced membership which (1) possesses expertise within the body’s area(s) of responsibility, and (2) is representative of the diverse interests affected by the body’s decisions. No body shall be dominated by any profession or special interest group. Achieving this objective shall be a priority in the recommendation and appointment of members.

(b) Application. An application of prospective members is hereby created and the following procedures are established:

(1) From time to time the city clerk shall publish in the newspaper an ad, in such form as the city clerk deems appropriate, listing vacancies and describing the application procedure.

(2) Application forms shall be uniform for all bodies and shall be available from the city clerk. Completed applications shall be returned to the city clerk and retained for the balance of that calendar year and one (1) calendar year thereafter. Applications are deemed public records and shall be available for public inspection.

(c) Council authority. Membership, meetings, compensation, and other regulations applicable to each body shall be established by the common council.

(d) Appointments.

(1) Members. The original members of a body shall be appointed by the mayor and must be approved by a majority vote of the common council. Subsequent appointments shall be by majority vote of the council after receiving the recommendation(s) of the body. Appointments recommended by the body shall be considered before other persons may be nominated. No person who has not filed a talent bank application with the city clerk shall be considered.

(2) Chairpersons. Annually, each body shall appoint from among its members a chairperson and vice-chairperson. The chairperson and vice-chairperson shall remain in office for one (1) year or until a successor is appointed.

(3) Vacancies. Upon the resignation or removal of a member, the remaining members shall within thirty (30) days recommend a replacement from among those persons who have filed talent bank applications. Such recommendations must be approved by the common council as described in subsection (d)(1) of this section.

(4) Oath of office. Within ten (10) days after receiving notice of his or her appointment, each member shall file with the city clerk the oath of office required by A.R.S. § 38-231.

(5) Compensation. Members shall serve without compensation. Actual out-of-pocket expenses will be reimbursed upon approval by the chairperson and confirmation by a majority vote of the common council (subject to the availability of funds).

(e) Membership of councilmembers.

(1) Standing bodies.

a. Voting membership. A councilmember shall not be appointed as a voting member of a standing body unless the councilmember is in the final six (6) months of his or her term and is not a candidate for a subsequent term. This prohibition does not apply to membership on the emergency services council (section 6-1).

b. Advisory membership. One (1) councilmember shall be appointed to serve as a nonvoting advisory member of each standing body and as general liaison between the body and the council. The councilmember is encouraged to attend as many meetings of the body as time permits. The councilmember shall not be included in determining the number of members of the body.

(2) Special bodies. One (1) or more councilmembers may be appointed as voting members of special bodies.

(3) Appointments. Appointments of councilmembers pursuant to subsections (e)(1) and (2) of this section shall be a majority vote of the remaining councilmembers. Councilmember appointments to advisory boards and commissions shall be for a one (1) year period or until a successor is appointed, and during the month of January of each year the councilmembers shall be reassigned to new boards and commissions. In the event that a councilmember has been appointed to an advisory board or commission for less than one (1) year, then that councilmember may remain with that advisory board or commission for another full term.

(f) Residency.

(1) Standing bodies.

a. Residency before appointment. Except as provided in subsection (f)(1)(c) of this section, a member of a standing body shall have maintained his or her primary residence within the city limits and be a registered voter for at least one hundred eighty (180) days before being appointed. Residency of at least one (1) year is strongly recommended.

b. Residency during membership. Except as provided in subsection (f)(1)(c) of this section, a member of a standing body shall maintain his or her primary residence within the city limits during the term of his or her membership. A member who moves outside the city limits during the term of his or her membership shall immediately notify the mayor in writing and may be required to resign at the discretion of the common council.

c. Limited exceptions for certain bodies. Notwithstanding subsections (f)(1)(a) and (b) of this section, the membership of the following bodies (which are responsible for facilities or services available to nonresidents as well as residents) may include a maximum of two (2) members (or, for bodies with more than seven (7) members, a maximum of one-third (1/3) of the members) who are nonresidents of the city but have maintained their primary residences within the greater Kingman area (as defined below) for at least fifty (50) days before their appointments:

1. Golf course advisory committee.

2. Parks and recreation commission.

3. Municipal utilities commission.

4. Tourism and development commission.

5. Clean city commission.

6. Transit advisory commission.

7. Economic development and marketing commission.

8. Historic preservation commission.

Such a member shall continue to reside in the greater Kingman area during the term of his or her appointment or may be required to resign as provided in subsection (f)(1)(b) of this section. As used in this subsection, “greater Kingman area” shall include actual residences that have a Kingman or Golden Valley residential mailing address.

(2) Special bodies. There are no residency requirements for members of special bodies.

(g) Terms.

(1) Standing bodies.

a. Initial term of members. A member of a standing body shall be appointed for a three (3) year term and shall remain in office until the term expires or a successor is appointed, with the exception that a member appointed to replace a member who has resigned or been removed shall be appointed for the remainder of the departing member’s term. Terms shall be staggered.

b. Reappointment of members. A member of a standing body may be reappointed for an additional term upon the expiration of his or her initial term. A member appointed to replace a member who has resigned or been removed may be appointed for two (2) additional terms; provided, that their appointment to complete an unexpired term did not exceed eighteen (18) months. A member may serve more than two (2) consecutive three (3) year terms upon approval by a supermajority vote of the common council.

c. Chairpersons. The chairperson and vice-chairperson of a standing body shall be appointed for an annual term or until a successor is appointed and may be reappointed any number of times during the terms of their memberships.

d. Simultaneous membership. No member of a standing body shall simultaneously serve as a member of another standing body. This prohibition shall not apply to membership on a special body, or on the board of adjustment, building board of appeals, business license review board, historic district design review board, industrial development board, volunteer firemen’s relief and pension fund, public safety personnel retirement board, municipal property corporation, personnel board, or a noncity board, committee, or commission; provided, however, no member of the planning and zoning commission shall simultaneously serve as a member of the board of adjustment.

(2) Special bodies. Members and chairpersons of special bodies shall be appointed for the duration of the body unless otherwise specified by the common council at the time the body is organized.

(h) Removal. A member of a body may be removed, with or without cause, by a majority vote of the common council. A body, with the approval of the council, may specify matters constituting cause for removal of its members. Such matters shall constitute cause for removal when reported to the mayor by the body. Such matters shall not, however, limit the discretion of the council to remove members for other reasons.

(Ord. No. 1549, 7-3-06; Ord. No. 1684, § 1, 8-2-10; Ord. No. 1721, § 1, 11-1-11; Ord. No. 1746, § 1, 1-2-13; Ord. No. 1761, § 1, 7-16-13; Ord. No. 1774, § 1, 3-18-14; Ord. No. 1814, § 1, 5-17-16)

Sec. 2-158 Meetings.

(a) Open Meeting Law. All bodies established pursuant to this article shall comply with the requirements of the Arizona Open Meeting Law (A.R.S. § 38-431 et seq.).

(b) Conflicts of interest. All bodies and their members shall comply with the requirements of the Arizona Statutes concerning conflicts of interest, A.R.S. § 38-501 et seq.

(c) Attendance at meetings.

(1) Generally. Members are expected to attend all regular and special meetings of a body unless attendance is prevented by good cause. Except in emergencies, the chairperson or city staff liaison shall be notified at least twenty-four (24) hours before a meeting if a member is unable to attend.

(2) Removal for unexcused absence. For standing bodies, three (3) unexcused absences during one (1) calendar year shall be cause for removal of a member. For special bodies, two (2) consecutive unexcused absences shall be cause for removal. The chairperson shall have discretion to determine whether an absence is excused or unexcused.

(3) Council meetings. If an action recommended by the body is placed on the agenda of the common council, the chairperson or a member designated by the chairperson is encouraged to attend the council meeting and be prepared to answer such questions as may arise.

(d) Voting by chairperson. The chairperson and vice-chairperson are entitled to vote on all matters coming before the body except those as to which they must abstain due to a conflict of interests.

(Ord. No. 1549, 7-3-06; Ord. No. 1568, § 1, 3-19-07; Ord. No. 1775, § 1, 3-18-14)

Sec. 2-158.1 Joint commission.

(a) There is hereby established a joint commission consisting of the mayor and common council and the chairperson of each standing body.

(b) The joint commission shall meet as needed to discuss issues of mutual interest and concern. The time and place shall be specified by the common council no later than ten (10) days before the meeting. If the chairperson of a standing body is unable to attend a meeting, a member designated by the chairperson may attend.

(Ord. No. 1549, 7-3-06; Ord. No. 1569, § 1, 3-19-07)

Secs. 2-158.22-158.9. Reserved.

DIVISION 2. HISTORIC PRESERVATION COMMISSION3

Sec. 2-158.10 Creation.

There is hereby created a historic preservation commission for the City of Kingman.

(Ord. No. 620, § 2-158.10(a), 8-4-86)

Sec. 2-158.11 Commission members.

The historic preservation commission shall be comprised of seven (7) members, who shall serve without compensation and are appointed by the common council, all of whom have a demonstrated interest, experience or knowledge in one (1) of the following: history, archeology, architecture, planning, historic archeology, real estate, historic preservation, law, or a related field. If expertise in one (1) of the above mentioned fields/disciplines is not available locally, then the commission must obtain expertise in that field when considering Nation Register nominations and other actions that will impact historic properties.

(Ord. No. 620, § 2, 158.10(b), 8-4-86; Ord. No. 856, § 2f, 4-1-91)

Sec. 2-158.12 Meetings.

The commission shall meet as needed or as directed by council.

(Ord. No. 620, § 2-158.10(c), 8-4-86; Ord. No. 856, § 2g, 4-1-91; Ord. No. 1818, § 1, 9-6-16)

Sec. 2-158.13 Rules.

The commissions shall prepare such rules as necessary to conduct business and maintain order. A record of all meetings shall be maintained in accordance with the rules and a regularly appointed person shall be designated to maintain the records for the commission. All rules prior to adoption by the commission shall be presented and approved by the city council. The commission shall prepare a written report of commission activities that is provided to the mayor and common council and the state historic preservation officer, and is available to the public. This report shall be submitted annually to the mayor and common council. Other reports, as the council or commission deem necessary, may be periodically submitted.

(Ord. No. 620, § 2-158.10(d), 8-4-86)

Sec. 2-158.14 Commission powers and duties.

(a) The historic preservation commission shall be advisory to the mayor and common council in all matters regarding historic preservation in the City of Kingman.

(b) Unless otherwise specified herein, the powers and duties of the historic preservation commission shall be as follows:

(1) Establish a city-wide policy for preservation and restoration of archeological, historical sites and properties located in the city for the purpose of preserving the heritage of the City of Kingman.

(2) Adopt criteria consistent with the National Register of Historic Places for the identification of historic districts.

(3) Prepare or cause to be prepared a comprehensive inventory of historic buildings and districts in the City of Kingman.

(4) Increase public awareness of the value of historic, architectural, archeological and cultural preservation by developing and participating in public information programs.

(5) Make known to the owners of historic properties and the public, standards for architectural review and assist the planning and zoning commission in design review of preservation projects.

(6) Evaluate and comment upon decisions by other public agencies affecting the physical development and land use patterns in historic districts, as appropriate.

(7) Hold public hearings as specified in this division.

(8) Any other functions which may be designated by resolution or motion of the council.

(Ord. No. 620, § 2-158.10(e), 8-4-86)

Secs. 2-158.152-158.19. Reserved.

DIVISION 3. CLEAN CITY COMMISSION4

Sec. 2-158.20 Created; purpose.

A clean city commission is hereby created for the purpose of assisting the common council in establishing a city-wide policy for decreasing the amount of loose refuse in the city.

(Res. No. 997, § 1, 7-15-85; Res. No. 1109, § 1, 12-15-86)

Sec. 2-158.21 Membership; staff liaison.

The clean city commission provided for herein shall be comprised of seven (7) members to be appointed by the common council. The board shall consist of representatives from diverse backgrounds chosen, if possible, from the following:

Business and industry representatives

Labor representatives

Community organizations

Education

Members at large

Planning director or designee and sanitation superintendent

The planning director (or designee) and the city sanitation superintendent shall act as staff liaison to the commission.

(Res. No. 997, § 2, 7-15-85; Res. No. 1109, § 2, 12-15-86; Ord. No. 856, § 2h, 4-1-91; Ord. No. 1730, § 1, 5-1-12)

Sec. 2-158.22 Responsibilities.

The clean city commission shall recommend refuse and environmental management policies to the city council so all city refuse and clean city activities may follow a common purpose. The commission shall have the following responsibilities:

(1) Develop city-wide refuse and environmental policy plan(s); excluding policies concerning the financial structure of the sanitation system;

(2) Evaluate city actions in light of that policy;

(3) Determine and recommend to the common council management and program priorities on a city-wide basis.

(4) Recommend enforcement and additional program alternatives;

(5) Monitor city performance from data collected and examined under the Keep America Beautiful, Inc., Clean Community System guidelines and make an annual report to the common council; and

(6) Carry out such other tasks as the common council may designate.

To accomplish these responsibilities the commission may establish subcommittees in the areas of business and industry, communications, community organization, municipal operations, and schools. The members and operations of each subcommittee will be as specified by the commission.

(Res. No. 997, § 4, 7-15-85; Res. No. 1109, § 4, 12-15-86; Ord. No. 856, § 2j, 4-1-91)

Editor’s note: Section 2i of Ord. No. 856, adopted April 1, 1991, deleted former § 2-158.22 and § 2j renumbered § 2-158.23 as § 2-158.22. The deleted provision pertained to organization of the commission and derived from Res. No. 997, § 3, adopted July 15, 1985, and Res. No. 1109, § 3, adopted Dec. 15, 1986.

Secs. 2-158.232-158.29. Reserved.

DIVISION 4. TOURISM DEVELOPMENT COMMISSION5

Sec. 2-158.30 Created; purpose.

A tourism development commission is hereby created for the purpose of assisting the mayor and common council in establishing and maintaining tourism development within the city. The body shall be composed of seven (7) members.

(Res. No. 1110, § 1, 1-5-87; Ord. No. 1655, § 1, 4-20-09; Ord. No. 1676, § 1, 3-15-10; Ord. No. 1728, § 1, 4-3-12)

Sec. 2-158.31 Responsibilities.

The tourism development commission shall advise and recommend policy to the mayor and common council concerning:

(a) The promotion of tourism.

(b) The establishment of a source of data pertaining to tourism development.

(c) The disposition of the room tax monies allocated to the commission by the mayor and common council through legislative action.

(Res. No. 1110, § 3, 1-5-87; Ord. No. 856, § 2l, 4-1-91; Ord. No. 1676, § 1, 3-15-10)

Editor’s note: Section 2k of Ord. No. 856, adopted April 1, 1991, deleted former § 2-158.31, which pertained to membership of the commission and derived from Res. No. 1110, adopted Jan. 5, 1987. Section 2l of Ord. No. 856 renumbered former § 2-158.32 as § 2-158.31.

Secs. 2-158.322-158.39. Reserved.

DIVISION 5. PARK, AQUATICS, RECREATION AND GOLF COMMISSION6

Sec. 2-158.40 Establishment of the park, aquatics, recreation and golf commission.

This advisory commission is hereby created for the purpose of assisting the mayor and common council in establishing and maintaining a policy for the use of the various city parks, aquatic facilities, recreation programs and the municipal golf course.

(Res. No. 1111, § 1, 12-15-86; Ord. No. 1817, § 1, 8-2-16)

Sec. 2-158.41 Membership.

The commission shall be comprised of seven (7) members of the public. Commission members should be appointed that have an interest in the commission and its responsibilities. No sector of interest should dominate the commission during the appointment process.

(Res. No. 1111, § 2, 12-15-86; Ord. No. 1817, § 1, 8-2-16)

Sec. 2-158.42 Function.

The commission shall advise and recommend to the mayor and common council policy with respect to the current use and future needs of the city’s recreational facilities and programs, such as:

(a) New park, recreation, aquatics, and golf improvements or facilities.

(b) The promotion of recreation programs and activities.

(c) The fee structure.

(d) Other areas as directed by the mayor and common council.

(Res. No. 1111, § 3, 12-15-86; Ord. No. 1817, § 1, 8-2-16)

Secs. 2-158.432-158.49. Reserved.

DIVISION 6. RESERVED

Editor’s note: Ord. No. 1817, § 1, adopted August 2, 2016, repealed §§ 2-158.50 through 2-158.52, which pertained to the parks, recreation and aquatics commission and derived from Ord. No. 1790, § 1, 3-3-15.

Secs. 2-158.502-158.59. Reserved.

DIVISION 7. TRANSIT ADVISORY COMMISSION

Sec. 2-158.60 Establishment.

A public transit commission is hereby created to serve as an advisory group to the common council on public transportation issues within the city and the surrounding area.

(Ord. No. 1326, § 1, 3-4-02)

Sec. 2-158.61 Purpose.

The transit advisory commission is established by the guidelines of Section 5311 Program Guidelines for the Arizona Department of Transportation. The commission will act in an advisory capacity to the city council in the development of the transit program and guide future planning of that program(s) to assure that the public transit system meets the needs of the majority of people in the Kingman area.

(Ord. No. 1326, § 1, 3-4-02)

Sec. 2-158.62 Membership.

The transit advisory commission shall be composed of five (5) members appointed by the mayor and council. Membership on the commission shall have representation from the elderly, disabled, local business, and other key stakeholder communities.

(Ord. No. 1326, § 1, 3-4-02; Ord. No. 1794, § 1, 3-3-15)

DIVISION 8. ECONOMIC DEVELOPMENT AND MARKETING COMMISSION

Sec. 2-158.70 Establishment.

An economic development and marketing commission is established to make recommendations and assist the Kingman common council in economic development and marketing strategies and policies for the City of Kingman.

(Ord. No. 1667, § 1, 10-19-09)

Sec. 2-158.71 Responsibilities.

The economic development and marketing commission shall advise and recommend policy to council concerning:

(a) Develop and maintain programs to help in the maintenance and expansion of existing business, industrial and commercial enterprises.

(b) Promote economic development and to establish a framework to be utilized in coordinating local, state and federal efforts to attract and encourage sound economic growth in the city.

(c) The establishment of a civic and economic climate that will encourage the expansion of existing business and attract new businesses within the city limits.

(d) The creation and maintenance of informational resources to assist in the promotion of economic development and marketing strategies for the city, existing businesses, and potential businesses.

(Ord. No. 1667, § 1, 10-19-09)

Sec. 2-158.72 Membership.

The economic development and marketing commission shall be composed of seven (7) members of the general public with a staff liaison and one (1) nonvoting council liaison. The commission shall have a balanced membership composed of representatives from various businesses, professions, and knowledge bases.

(Ord. No. 1667, § 1, 10-19-09; Ord. No. 1691, § 1, 9-7-10; Ord. 1785, § 1, 10-7-14)

Sec. 2-158.73 Meetings.

The economic development and marketing commission shall meet on a monthly basis on a date and time determined by the commission.

(Ord. No. 1667, § 1, 10-19-09)

DIVISION 9. YOUTH ADVISORY COMMISSION

Sec. 2-158.80 Creation of the youth advisory commission.

In order to make recommendations on policy, rules, and regulations to the city council on relevant items that involve the youth of the city, a municipal youth advisory commission is hereby created, to consist of seven (7) members.

(Ord. No. 1689, § 1, 10-19-10)

Sec. 2-158.81 Eligibility, appointment, and representation.

Eligible applicants for the youth advisory commission are those who are enrolled and actively attending a public, private, charter, or home school education curriculum within the academic grades of nine (9) and twelve (12), have an academic grade point average of 2.5 or greater, and no members shall be over the age of eighteen (18).

The youth advisory commission shall be comprised of seven (7) members. The members of the youth advisory commission shall be nominated by the mayor and appointed by the city council. Applicants shall apply for a youth advisory commission position through the office of the city clerk.

Seats will be reserved for representatives or nominees of student government from all Kingman high schools.

(Ord. No. 1689, § 1, 10-19-10)

Sec. 2-158.82 Terms, succession, expansion, and removal of members.

The youth advisory commission shall have two (2) year terms that are staggered, beginning on July 1 and ending on June 30. Members may serve no more than two (2) terms. A member will remain in office until their term expires or a successor is appointed. If a member graduates from high school they may finish their current term as long as they are attending a trade school or higher education institution in a full-time capacity that is located in Mohave County. Applications must be submitted for each term, whether a new term or a reappointment.

Any member absent for three (3) consecutive meetings of the youth advisory commission without being excused by its chairperson shall be considered as having vacated his appointment and may at the discretion of the city council be removed from office. Any member may be removed as defined in section 2-157(h).

(Ord. No. 1689, § 1, 10-19-10; Ord. No. 1726, § 1, 3-20-12; Ord. No. 1747, § 1, 1-2-13)

Sec. 2-158.83 Powers and duties of commission.

The youth advisory commission shall have the following powers and duties:

(a) To establish bylaws, rules, and regulations, subject to the approval of city council, that are consistent with the bylaws, rules, and regulations set forth by other established commissions recognized by the city of Kingman as it deems necessary for its government and for the faithful performance of its duties;

(b) To set a time for regular meetings, which shall be held at least once each month if there is business to transact;

(c) To attend at least five (5) additional city council or commission meetings during a twelve (12) month term. At least two (2) of these meetings must be city council meetings;

(d) To appoint one (1) of its members as the chairperson of the youth advisory commission and one (1) as vice-chairperson for a term of one (1) year or until a successor is appointed;

(e) To meet with the mayor, city council or city staff on an as-needed basis;

(f) To make recommendation(s) to the mayor and city council concerning the interests, needs, and welfare of the youth within the city on an as-needed basis;

(g) To assist and advise the mayor, city council, and city departments on any topic the commission feels is appropriate regarding youth issues and related matters within the city;

(h) To advise and consult, through the staff and council liaison, items to be included on the meeting agenda of the city council; and

(i) Through workshops, forums, discussions, meetings, and other necessary mediums, the responsibility to encourage and promote the education of youth regarding city government and the importance of citizen input, participation and responsibility.

(Ord. No. 1689, § 1, 10-19-10; Ord. No. 1748, § 1, 1-2-13)

Sec. 2-158.84 Reserved.

Editor’s note: Ord. No. 1776, § 1, adopted March 18, 2014, repealed § 2-158.84, which pertained to the quorum for the youth advisory committee and derived from Ord. No. 1689, § 1, 10-19-10.

Sec. 2-158.85 Reserved.

Editor’s note: Ord. No. 1776, § 1, adopted March 18, 2014, repealed § 2-158.85, which pertained to the staff liaison, council liaison and recording secretary for the youth advisory committee and derived from Ord. No. 1689, § 1, 10-19-10.

DIVISION 10. BOARD OF APPEALS

Sec. 2-158.90 Creation of the board of appeals.

(a) A board of appeals shall be established within the City of Kingman in order to hear and decide appeals of orders, decisions or determinations made by the building code official and/or fire marshal with regards to the adopted editions of:

(1) International Fire Code; and

(2) International Building Code; and

(3) International Residential Code; and

(4) International Plumbing Code; and

(5) International Fuel Gas Code; and

(6) International Mechanical Code; and

(7) International Energy Conservation Code; and

(8) International Existing Building Code; and

(9) International Property Maintenance Code; and

(10) NFPA 70: National Electric Code; and

(11) Section 5-91, Swimming pools and pool enclosure requirements.

(b)(1) Limitations on authority. An application for appeal shall be based on a claim that the true intent of one (1) or more of these codes 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. The board shall have no authority to waive requirements of the adopted code(s).

(2) The board of appeals shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the building official or fire marshal pertaining to the application and intent of the codes listed above for the purpose of issuing orders pursuant to these provisions.

(3) The board of appeals shall comply with the general requirements of Article IX of this chapter unless specifically amended in this division.

(Ord. No. 1825, § 1, 1-17-17)

Sec. 2-158.91 Application for appeal.

(a) The application for appeal shall be filed on a form obtained from the building official or fire marshal or from the city website, within twenty (20) days after the notice was served. Such notice may be in the form of written plan review comments, correction notice, violation notice, notice and order, or any other notice authorized in the listed codes.

(b) The board shall meet upon notice from the chairman, within twenty (20) days of the filing of an appeal.

(Ord. No. 1825, § 1, 1-17-17)

Sec. 2-158.92 Membership, terms, qualifications, reappointment and removal of members.

(a) Application for membership. Prospective members shall complete an application form available from the city clerk. Completed applications shall be returned to the city clerk and retained for the balance of that calendar year and one (1) calendar year thereafter. Applications are deemed public records and shall be available for public inspection.

(b) Membership of board. The board of appeals shall consist of seven (7) persons, that meet one (1) of seven (7) qualifications listed in subsection (e) of this section, appointed by the mayor and must be approved by a majority vote of the common council, as follows:

(1) Initial members, two (2) for five (5) years; one (1) for four (4) years; two (2) for three (3) years; one (1) for two (2) years; and one (1) for one (1) year.

(2) Thereafter, each new member shall serve for five (5) years or until a successor has been appointed.

(3) Members are not required to be residents of the City of Kingman.

(4) Members shall not be employed by the City of Kingman.

The City of Kingman building official or fire marshal shall be an ex officio member of said board but shall have no vote on any matter before the board.

(c) Alternate members. The mayor shall appoint, and by a majority vote of the common council be approved, 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 at least one (1) of the qualifications required for board membership and shall be appointed for two (2) years, or until a successor has been appointed.

(d) Reappointment of members. A member of the board may be reappointed for an additional term upon the expiration of his or her initial term.

(e) Qualifications. The board of appeals shall consist of seven (7) individuals, one (1) from each of the following professions or disciplines:

(1) An AZ BTR registered design professional with architectural experience or an AZ ROC licensed general contractor or superintendent of building construction with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(2) An AZ BTR registered design professional with structural engineering experience.

(3) An AZ BTR registered design professional with mechanical and plumbing engineering experience or an AZ ROC licensed plumbing or mechanical contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(4) An AZ BTR registered design professional with electrical engineering experience or an AZ ROC licensed electrical contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(5) A registered fire protection engineering professional who shall be a qualified engineer, technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.

(6) An AZ ROC licensed general contractor regularly engaged in the construction, alteration, maintenance, repair or remodeling of buildings or building services and systems regulated by the adopted codes.

(7) General industry or business representative of business or industry not represented by a member from one (1) of the other categories of board members described above; or a currently ICC certified fire marshal or building official.

(f) Chairperson. The board shall annually appoint from among its members a chairperson and vice-chairperson. The chairperson and vice-chairperson shall remain in office for one (1) year or until a successor is appointed.

(g) Oath of office. Within ten (10) days after receiving notice of his or her appointment, each member shall file with the city clerk the oath of office required by A.R.S. § 38-231.

(h) Conflict of interest. Members and/or alternate 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. All members shall comply with the requirements of the Arizona Statutes concerning conflicts of interest, A.R.S. § 38-501 et seq.

(i) Removal. A member of a body may be removed, with or without cause, by a majority vote of the common council. A body, with the approval of the council, may specify matters constituting cause for removal of its members. Such matters shall constitute cause for removal when reported to the mayor by the body. Such matters shall not, however, limit the discretion of the council to remove members for other reasons.

(j) Compensation of members. Members shall serve without compensation. Actual out-of-pocket expenses will be reimbursed upon approval by the chairperson and confirmation by a majority vote of the common council (subject to the availability of funds).

(Ord. No. 1825, § 1, 1-17-17)

Sec. 2-158.93 Legal counsel, council liaison and recording secretary.

(a) Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction’s expense in all matters arising from service within the scope of their duties.

(b) Council liaison. The mayor or a designated city councilmember shall act as council liaison but shall not be entitled to take part in any of the discussion, deliberations, questions or voting. The council liaison shall regularly report to city council on commission matters pertaining to city business but may choose to assign the report to a member of the commission.

(c) Secretary. The building official or fire marshal shall designate a qualified administrative assistant to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the development services or fire department, as well as the office of the city clerk. The minutes of the meeting shall reflect the “ayes” and “nays” cast on a particular measure and shall reflect the vote of each member present.

The city attorney or designated assistant city attorney, council liaison, and recording secretary shall attend all scheduled board of appeals meetings and the legal counsel shall advise the chairperson of matters relating to city council or city staff action.

(Ord. No. 1825, § 1, 1-17-17)

Sec. 2-158.94 Notice of meeting, quorum and procedure.

(a) Open Meeting Law. All board of appeals meetings shall comply with the requirements of the Arizona Open Meeting Law (A.R.S. § 38-431 et seq.).

(1) Notices of meetings. The board of appeals meets as needed. The city clerk shall post a copy of the public notice on the official notice board at the city complex whenever a meeting is called by the chairman. The city clerk shall be notified immediately of any revisions to the public notice.

(2) Agendas. Agenda items shall: (a) pertain directly to the appeal being heard, and/or (b) pertain to the procedures of the board of appeals; and may be contributed by any member of the board of appeals, the fire marshal or building code official. The city building official, fire official or city staff liaison shall deliver three (3) copies of the agenda for each meeting to the city clerk in time for the city clerk to post the agenda by the twenty-four (24) hour posting deadline. Revisions to the posted agenda shall be directed to the city clerk by the building official, fire marshal, staff liaison or city manager.

(3) Minutes. A copy of the written minutes of each meeting shall be delivered to the city clerk, and shall be made available to the board members, within thirty (30) days after the conclusion of the meeting or at least three (3) days prior to their next called meeting.

(b) Open hearing. The board shall meet upon notice from the chairperson, within twenty (20) days of the filing of an appeal or at the request of the building official or fire marshal. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the building official and/or fire marshal and any person whose interests are affected shall be given an opportunity to be heard.

(c) Procedure. The board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information necessary to carry out duties of the board be received.

(d) Quorum. Four (4) members of the board of appeals, or alternate member(s), shall constitute a quorum.

(e) Hearings and meetings.

(1) The board shall meet at the call of the chairman or at the request of the fire marshal or building official.

(2) The board shall adopt and make available to the public the procedures under which appeals are to be filed, and hearings conducted.

(f) Postponed hearing. When five (5) members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

(Ord. No. 1825, § 1, 1-17-17)

Sec. 2-158.95 Board decision.

The board shall modify or reverse the decision of the building official or fire marshal by a concurring vote of a majority, more than half, of the members present at the hearing.

Every decision shall be promptly filed in writing in the office of the building official or fire marshal 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 building official or fire marshal for two (2) weeks after filing.

(a) Administration. The building official or fire code official shall take immediate action in accordance with the decision of the board.

(b) Appeal of the board decision. An aggrieved permit holder and/or property owner shall have thirty (30) days to appeal an adverse decision to the superior court of Mohave County.

(Ord. No. 1825, § 1, 1-17-17)


1

Cross references: Emergency sewers council, § 6-1.


2

Editor’s note: Ord. No. 1549 adopted July 3, 2006, amended Div. 1 in its entirety to read as herein set out. Former Div. 1, §§ 2-155—2-158.1, pertained to similar subject matter and derived from Ord. No. 1533, adopted Mar. 6, 2006. See the Code Comparative Table for full derivation.


3

Editor’s note: Ord. No. 620, adopted Aug. 4, 1986, added § 2-158.10 to the Code, which has been codified as Div. 2, §§ 2-158.10—2-158.14, for classification purposes.

Cross references: Historic preservation plan adopted by reference, § 5-4.


4

Editor’s note: Res. No. 997, adopted July 15, 1985, as amended by Res. No. 1109, adopted Dec. 15, 1986, has been codified as Div. 3 hereof at the editor’s discretion.

Cross references: Litter, § 7-181 et seq.; garbage system, § 9-101 et seq.


5

Editor’s note: Nonamendatory Res. No. 1110, §§ 1—3, adopted Jan. 5, 1987, has been codified as Div. 4 hereof at the discretion of the editor.


6

Editor’s note: Res. No. 1111, adopted Dec. 15, 1986, did not expressly amend the Code; hence, inclusion as Div. 5 hereof was at the editor’s discretion.

Cross references: Parks and recreation department, § 2-112 et seq.