Chapter 2.45
BUILDING BOARD OF APPEALS

Sections:

2.45.010    Created – Objective.

2.45.020    Membership.

2.45.030    Meetings – Rules.

2.45.040    Repealed.

2.45.050    Duties and responsibilities.

2.45.060    Abolishment of Building Board of Appeals.

2.45.010 Created – Objective.

As of March 1, 1983, there is created a Building Board of Appeals. The objective of the Building Board of Appeals is to settle differences of opinions relating to requirements and interpretations of the Uniform Building Code. (Ord. 1552 § 1, 1983).

2.45.020 Membership.

A. Qualifications. The selection of the members of the Building Board of Appeals shall be made from individuals qualified by experience and training to pass on matters pertaining to building construction. City residency is preferred, but not required. Members shall not be City employees or elected officials. The Building Official shall be an ex officio member and secretary to the Board.

B. Number of Members – Terms. The Board shall consist of 5 members, each of whom shall be appointed for a term of 4 years. Terms shall expire the first day of May of each appropriate year.

C. Appointment. Members of the Building Board of Appeals shall be appointed by the Mayor, subject to confirmation by the City Council. Members shall be selected without respect to political affiliations and shall serve without compensation.

D. Removal. Members of the Board may be removed by the Mayor, with concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from more than 3 consecutive regular meetings. The decision of the City Council shall be final and there shall be no appeal therefrom. Members finding themselves unable to attend regular meetings are expected to tender their resignations.

E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms in the same manner as for appointments as provided in this section. (Ord. 2211 § 5, 1998; Ord. 1552 § 2, 1983).

2.45.030 Meetings – Rules.

A. The Building Board of Appeals shall organize and elect from its members a Chairman who shall preside at all meetings of the Board. A majority of the Board shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition.

B. The Board shall meet on demand. All meetings shall be open to the public.

C. The Board shall adopt such rules and regulations as are necessary for the conduct of its business, and shall keep a written record of its proceedings which shall be a public record. (Ord. 1552 § 3, 1983).

2.45.040 Staff support.

Repealed by Ord. 2341. (Ord. 1552 § 4, 1983).

2.45.050 Duties and responsibilities.

A. The Building Board of Appeals shall be the appeal body for individuals appealing decisions of the Building Official in administering and enforcing the requirements of the Uniform Building Code. Duties of the Board shall include:

1. Determine the suitability of alternate building materials;

2. Determine the suitability of alternate methods of construction;

3. Provide for reasonable interpretations of the Uniform Building Code;

4. Adopt reasonable rules and regulations for conducting its investigations;

5. Render all decisions and findings in writing to the Building Official with a duplicate to the appellant.

B. The Building Board of Appeals shall serve as the Housing Advisory and Appeals Board as established by Section 203, Chapter 2, of the Uniform Housing Code, 1982 Edition, adopted by Ordinance 1549, in order to provide for final interpretation of the provisions of the Uniform Housing Code and to hear appeals provided for in said Code.

C. The Building Board of Appeals shall have such other duties and responsibilities as may be prescribed by ordinance, or as directed by the Mayor.

D. The action of the Building Board of Appeals shall be final and conclusive, and there shall be no appeal therefrom. (Ord. 1569 § 1, 1983; Ord. 1552 § 5, 1983).

2.45.060 Abolishment of Building Board of Appeals.

As of February 28, 1983, the Building Board of Appeals established under Section 204 of the Uniform Building Code, 1979 Edition, and adopted by reference by Ordinance 1410, be and the same is abolished. Matters pending before the Board on February 28, 1983, will be transferred to the Building Board of Appeals hereby created. (Ord. 1552 § 6, 1983).