Chapter 2.26
BOARD OF APPEALS AND ADVISORS*

Sections:

2.26.010    Creation.

2.26.020    Purpose and intent.

2.26.030    Functions and duties.

2.26.040    Membership.

2.26.050    Term of office.

2.26.060    Operation of board.

*    For state law adopting building codes and other codes to apply as housing construction regulations throughout the state, see Health & Safety Code § 17922; for Charter provisions regarding appointive boards and commissions, see City Charter §§ 600 – 606.

2.26.010 Creation.

There is hereby created a Board of Appeals and Advisors. (Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91).

2.26.020 Purpose and intent.

It is the purpose and intent of the City Council in establishing the Board of Appeals and Advisors to create an advisory body which would serve as a resource to advise and make recommendations to the City Council, the City Manager, the Building Official and the Fire Chief on matters relating to building construction.

Another purpose of the Board is to act as administrative appellate review of decisions of such officers to abate public nuisances arising out of application of Uniform Codes. (Ord. 2790, 1999; Ord. 2439 § 2, 1991; Ord. 1465 § 1, 1973; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(a)).

2.26.030 Functions and duties.

The function and duties of the Board of Appeals and Advisors shall be as follows:

A. Create a forum for City-wide discussions, research, and analysis of critical issues of building construction, including plumbing, mechanical and electrical installations.

B. Where authorized by a Uniform Code adopted by the City to do so, investigate and advise as to the suitability of alternate materials, types of construction, and interpretation of said adopted Uniform Code.

C. Conduct public hearings and recommend to the City Council the passage of new legislation pertaining to the design and construction of buildings.

D. Act as an alternative administrative appellate body, at the option of the City Manager, to hear appeals relating to determinations by the City Manager, Code Enforcement Officer, Fire Chief or Building Official, pursuant to City-adopted Uniform Codes, that conditions or circumstances are public nuisances and should be abated. Such codes include, but are not limited to, the Uniform Building, Uniform Mechanical, Uniform Fire, Uniform Housing, Uniform Plumbing and National Electrical Codes as adopted from time to time by the City Council. Hearings of the Board shall be conducted in accordance with the procedures set forth in such Uniform Codes and particularly the Uniform Code for the Abatement of Dangerous Buildings or the provisions of Chapters 1.30 and 1.40 CVMC. The decision of the Board shall be final. (Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(b)).

2.26.040 Membership.

A. Number of Members. The Board shall consist of seven voting members, and one staff ex-officio member, and such other general ex-officio members of the Board as the City Council shall, from time to time, appoint.

B. Designation of Members.

1. Voting Members. The seven voting members shall be appointed by the City Council from the qualified electors of the City in accordance with the provisions of Section 600, et seq., of the Charter, who shall be residents of the City and who shall, throughout their term, maintain their residency and elector status.

2. Staff Ex-Officio Member. The one staff ex-officio member shall be the City Manager or his designated representative, who shall not be required to be a qualified elector of the City, and who shall have no vote (“staff ex-officio member”).

3. General Ex-Officio Member. The City Council, or its designee, may appoint such additional ex-officio members of the Board as they deem appropriate, who shall not be required to be qualified elector(s) of the City, but any such appointed ex-officio members shall have no vote (“general ex-officio member”). (Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(c)).

2.26.050 Term of office.

A. Term of Office – All Classes of Members.

1. Terms. Except as otherwise provided in this subsection (A), the term of office of all mem-

bers, and all classes of members, of said board shall be for a nominal period of four years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office.

2. Terms of Existing Voting Members. Notwithstanding subsection (A)(1) of this section, the terms of existing voting members of the board of appeals and advisors serving under Chapter 2.26 CVMC repealed by Section 1 of Ordinance No. 2439 shall continue as if unaffected by said revocation, and shall conclude for two voting members on June 30, 1991; for two voting members on June 30, 1992; for two voting members on June 30, 1993; and for one voting member on June 30, 1994, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office.

3. Staff Ex-Officio Member. The term of the staff ex-officio members shall be indefinite, and they shall serve at the pleasure of the council.

4. General Ex-Officio Member. The term of general ex-officio members shall be for a period of four years from the time of appointment.

5. Holdover Office. Notwithstanding the end of any member’s term as herein provided, a member, other than the staff ex-officio members, shall be permitted to continue to exercise the privileges of his or her former office for not longer than two months after the end of the term until the office to which the member was appointed is filled by reappointment of a qualified successor.

6. Vacancies. Notwithstanding the term of office to which a member is appointed, said office shall be deemed vacant upon any of the following events (“event of vacancy”):

a. The death or disability of said member that renders said member incapable of performing the duties of office.

b. The member’s conviction of a felony or crime involving moral turpitude.

c. The member’s absence from three regular, consecutive meetings of the board, unless excused by majority vote of the board expressed in its official minutes.

d. The member has submitted a resignation, which resignation has been accepted by the city council.

e. The membership has been terminated by three affirmative votes of the city council.

Upon the occurrence of an event of vacancy as hereinabove listed, the city council shall so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy.

B. Number of Terms.

1. Voting Members.

a. Two-Term Limit. No voting member shall be appointed to more than two terms except as herein provided (“two-term limit”).

b. Unexpired Term Exception. Notwithstanding the two-term limit, a person appointed to the board as a voting member to fill the unexpired term of an office of a voting member which has become vacant (“unexpired term”), which has less than two years remaining on said unexpired term, may be appointed to two terms in addition to their unexpired term. A voting member who currently occupies an office may not be reappointed to fill the unexpired term of another office which has become vacant.

c. Any voting member may be reappointed to serve on the board after two successive years of not serving on the board in any office or membership capacity – voting or staff ex-officio.

2. General Ex-Officio Members. A general ex-officio member may be reappointed without limitation as to number of terms. (Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(c)).

2.26.060 Operation of board.

A. Frequency, Time and Place of Regular Meetings. The board shall hold at least one regular meeting each month commencing at 5:00 p.m. on the second Monday of each month, or at such other day and time that it shall designate by written resolution, a copy of which shall be forwarded to the city council and entered in the minutes of the meeting thereof, in Conference Room One of the Public Services Building at the City Hall Complex located at 276 Fourth Avenue, Chula Vista, or at such other place that it shall designate by written resolution, a copy of which shall be forwarded to the city council and entered in the minutes of the meeting thereof, or at such place as may be posted upon the door of said conference room at least 30 minutes in advance of the meeting.

B. Officers and Board. The board shall select a chair and a vice-chair from among its voting members annually at its first meeting in July of each year. The chair and vice-chair so selected shall serve for a period of one year.

C. Special Meetings. The board may meet specially at such other time, days and places as it shall establish by majority vote, or at such time as the chair thereof may call, or at such times as a majority of the members thereof may call a meeting.

D. Conduct of Meetings. The meetings of the board, and notice thereof, shall be governed by the same rules and regulations by which the city council is bound in the conduct of public meetings.

E. Quorum. Four voting members shall constitute a quorum for the transaction of business.

F. Resolutions. The affirmative vote of a majority of the entire membership shall be required for the passage of any resolution of the board.

G. Reports and Recommendations. All reports and recommendations shall be made in writing.

H. Staff Support. All officers and department heads shall cooperate with and render reasonable assistance to the board. The city manager may make available staff and clerical support to the board to fulfill its functions and duties, provided such staff and clerical support is available.

I. Rules and Regulations. The board may make such rules and regulations not inconsistent with the provisions of this chapter.

J. Gifts and Grants. The board may, subject to the approval of the city council, accept gifts and grants from any source to assist it in the performance of its functions.

K. By-Laws. The board may pass such other and further rules and regulations regarding the internal affairs of the board as are not inconsistent with the terms and conditions of this chapter. (Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(c)).