Chapter 15.08
BUILDING CODES – ADMINISTRATION
Sections:
15.08.010 Board of Appeals – Appeals procedure.
15.08.020 Building Official’s duties, authority.
15.08.030 Conflicts – Permits previously issued.
15.08.040 Nonassumption – Nonwaiver.
15.08.050 Violation and penalty.
15.08.060 Conflicting provisions.
Cross reference(s) – Administration, GJMC Title 2.
15.08.010 Board of Appeals – Appeals procedure.
(a) A common appellate procedure and Board of Appeals to hear all appeals arising under codes adopted herein, except with respect to the National Electric Code, is contained within this section.
(b) In order to determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Chief Building Official shall be an ex officio member of and shall act as secretary to said Board. The Board of Appeals shall be appointed by the Board of County Commissioners and shall hold office at its pleasure. The Board shall adopt rules and procedures for conducting business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Chief Building Official.
(c) The Board of Appeals shall have jurisdiction to decide any appeals from the Chief Building Official if the decision of the Chief Building Official concerns suitability of alternate materials, methods of construction or a reasonable interpretation of the code. The Board of Appeals shall not hear appeals of life safety items, administrative provisions of the codes nor shall the Board of Appeals be empowered to waive requirements of the codes. The first order of business at any hearing of the Board of Appeals shall be to determine if it has jurisdiction to hear the appeal.
(d) Any appeal to the Board of Appeals shall be preceded by a written appeal to the Chief Building Official, who shall reply in writing. The decision of the Chief Building Official may be appealed to the Board of Appeals, within 10 days from the date of the decision of the Chief Building Official. A notice of appeal together with a copy of the original written appeal and a copy of the Chief Building Official’s decision shall be filed with the Board of Appeals at the time the appeal is requested.
(e) The Board of Appeals shall meet within 30 days of the written appeal, hear evidence and argument if it deems appropriate, and shall render all decisions and findings in writing to the Chief Building Official with a duplicate copy to the appellant.
(Ord. 4013, 1-3-07; Ord. 3318, 12-6-00. Code 1994 § 8-26; Code 1965 § 7-82)
Cross reference(s) – Officers and employees, Chapter 2.08 GJMC.
15.08.020 Building Official’s duties, authority.
The Director of Public Works and Utilities as Chief Building Official of the City by and through a contractual arrangement with the Mesa County Building Department shall administer and enforce such codes as are adopted and provided for in this title and as otherwise provided by law. Fees and costs other than for or resulting from a violation, penalty or enforcement action shall be set by separate resolution adopted by the City Council, which fees and charges may be amended from time to time by resolution.
(Ord. 3318, 12-6-00. Code 1994 § 8-27; Code 1965 §§ 7-30, 7-84)
Cross reference(s) – Officers and employees, Chapter 2.08 GJMC.
15.08.030 Conflicts – Permits previously issued.
Any and all resolutions and/or ordinances or parts thereof in conflict herewith to the extent of such conflicts or inconsistencies are hereby amended; provided, however, this chapter shall not affect the construction of buildings for which permits were issued prior to the effective date of the ordinance codified in this section and all buildings now under construction pursuant to existing permits shall be constructed in conformance with the building codes applicable at the time of issuance of said permit; provided further, however, that no construction authorized by an existing permit shall be altered without complying with the newly adopted building codes. Nor shall the adoption of this code prevent the prosecution of violations of any prior resolution or ordinance adopting prior building codes, which occurred prior to the effective date of this title. Where this title and the codes adopted herein by reference are in conflict with other resolutions or ordinances of the City, the more restrictive provision shall apply.
(Ord. 3318, 12-6-00. Code 1994 § 8-28; Code 1965 § 7-86(b))
15.08.040 Nonassumption – Nonwaiver.
The City, its officials, employees and agents thereof shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an act of assistance for the benefit of any person under this title. The adoption of these codes shall not give rise to a duty of care. The enforcement or failure to enforce this chapter or the mere fact that an inspection was conducted in the course of enforcing this chapter shall not give rise to a duty of care where none otherwise existed. Enactment of this title shall not constitute a waiver of sovereign immunity by the City, its officials, employees and agents.
(Ord. 4013, 1-3-07; Ord. 3318, 12-6-00. Code 1994 § 8-29; Code 1965 § 7-86(d))
Cross reference(s) – Tort liability, Chapter 2.16 GJMC.
15.08.050 Violation and penalty.
The penalties imposed for violation of the codes and of the statutory sections authorizing their adoption are as follows:
Any person, firm or corporation violating this chapter or any provision of any adopted code herein is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or imprisonment or both pursuant to the limits established in GJMC 1.04.090. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, remodeled, used or maintained in violation of this part or of any provision of this chapter, the City Attorney may institute an appropriate action injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. The City Attorney may use or enforce any remedies provided by law or in equity. Jurisdiction for any action brought under this title shall be in the Municipal Court of the City and such action shall be heard and decided in accordance with the rules of that Court.
(Ord. 4424 § 3, 5-5-10; Ord. 3318, 12-6-00. Code 1994 § 8-30)
15.08.060 Conflicting provisions.
All other resolutions or ordinances in conflict herewith are hereby repealed except as otherwise provided herein.
(Ord. 3318, 12-6-00. Code 1994 § 8-31)
15.08.070 Invalidity in part.
If any part, section, subsection, sentence, clause or phrase of this chapter or of the codes adopted herein is for any reason held to be invalid, such decisions shall not affect the validity of remaining sections of this chapter or of the codes adopted herein, the City Council hereby declares that it would have passed the ordinance and adopted said codes in each part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Should any portion of this title or codes adopted herein be declared invalid, then to the extent of such invalidity the prior code shall not be found, deemed or determined to be repealed so as to continue the provisions of the code in effect for any portions of this title and codes adopted thereby which may be declared invalid or unenforceable.
(Ord. 3318, 12-6-00. Code 1994 § 8-32)