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    Meeting schedule.

*    For state law adopting building codes and other codes to apply as housing construction regulations throughout the state, see Health & Safety Code § 17922.

2.26.010 Creation.

There is hereby created a Board of Appeals and Advisors. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Board. (Ord. 3211 § 1, 2011; 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 to 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; and to act as an alternative administrative appellate review body for persons affected by decisions of those officers to abate public nuisances arising out of application of Uniform Codes. (Ord. 3211 § 1, 2011; 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 that 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 administrative appellate body, as an alternative to the hearing examiner specified under Chapter 1.40 CVMC, 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. 3211 § 1, 2011; 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.

The Board of Appeals and Advisors shall consist of seven voting members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(c)).

2.26.050 Meeting schedule.

The Board shall hold regular meetings on the second Monday of each month at 5:15 p.m., in Conference Room 137, located in Building 200 (Development Services) in the Civic Center, at 276 Fourth Avenue, Chula Vista. The Board may change its regular meeting day, time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 1, 2011; Ord. 2439 § 2, 1991; Ord. 1235 § 1, 1969; Ord. 1002 § 1, 1966; prior code § 2.91(c)).