II. Boards and Commissions
Chapter 3.28
BUILDING
Sections:
3.28.010 Established.
3.28.020 Purpose – Function and jurisdiction.
3.28.030 Membership – Term.
3.28.040 Qualifications of voting members.
3.28.050 Quorum.
3.28.060 Appeal procedure.
3.28.070 Board procedures.
3.28.080 Failure to appeal – Scope of hearing – Stay of order.
3.28.090 Right of official to seek recommendation.
3.28.100 General provisions and rules.
3.28.110 Enforcement of orders.
3.28.120 Decisions of the board – Final.
3.28.010 Established.
There is established a board to be known as the “building board of appeals.” (Ord. 04C-12 § 5; added during 1980 codification).
3.28.020 Purpose – Function and jurisdiction.
A. The board shall hear all appeals from any notice or order issued, or any action taken, by any administrative officer of the city under the provisions of the construction codes set forth in MICC Title 17; MICC 19.09.080, Moving of buildings; and any code or ordinance wherein it is provided that an appeal to the building board of appeals shall be available; and
B. The board shall have jurisdiction and advisory authority to determine the suitability of alternate materials or alternate types of construction, if an alternate is contemplated or recognized by the express terms of the codes or ordinances of the city; and
C. The board shall have authority to make recommendations to the city council for such new legislation as will expedite or improve the administration of such codes or ordinances; and
D. The board shall have no authority to consider or determine any matter arising under the zoning or land use ordinances. (Ord. 04C-12 § 5; added during 1980 codification).
3.28.030 Membership – Term.
A. The board shall consist of five voting members, each of whom shall be appointed by the mayor with confirmation by the city council. In addition to the voting members, the city manager may serve, or he may appoint an employee of the city to serve, as an ex officio member without authority to vote. The ex officio member of the board shall serve as secretary of the board. Vacancies occurring in any position on the board shall be filled by appointment of the mayor with confirmation by the city council for the unexpired term.
B. The term of each voting member, unless terminated earlier by the appointing authority, shall be for three years, and shall expire on May 31 of the last year of the term or until the member’s successor is appointed and qualifies. The year of expiration of the terms of the positions shall be staggered with the following groups of positions expiring two years apart: Positions 1 and 2; and Positions 3, 4, and 5. The ex officio member shall serve at the will of the city manager. (Ord. 03C-06 § 1; Ord. A-88 § 1, 1991; added during 1980 codification).
3.28.040 Qualifications of voting members.
The voting members shall be appointed on the basis of qualifications, whether obtained through experience and/or training, to pass upon matters pertaining to building construction. (Added during 1980 codification).
3.28.050 Quorum.
The majority vote of a quorum shall constitute the official action of the board. The presence of three voting members, having the right to participate in the meeting, shall constitute a quorum with full authority to function as the board. (Added during 1980 codification).
3.28.060 Appeal procedure.
A. Any person aggrieved by any notice and order issued by, or any ruling made by, any administrative official of the city under the codes and ordinances designated in MICC 3.28.020 shall have the right to appeal to the board.
B. An appeal shall be initiated by filing with the building official of the city a written appeal, within 14 days of the date of the notice and order or other action appealed, on a form to be provided by the city.
C. Upon the filing of a written appeal, the building official shall promptly notify the board of such filing and transmit to the board a true copy of the written appeal. (Ord. 96C-003 § 2; added during 1980 codification).
3.28.070 Board procedures.
A. Within 30 days after receiving the written appeal, the secretary shall fix a date, time and place for the hearing of the appeal by the board.
B. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant, except where the appellant has waived said 10-day requirement, either by causing a copy of said notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address as shown on the written appeal. (Ord. A-102 § 3, 1991; added during 1980 codification).
3.28.080 Failure to appeal – Scope of hearing – Stay of order.
A. Failure of any person to file in accordance with the provisions of this chapter shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order, or other ruling, or to any portion thereof.
B. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
C. Except for vacation orders and stop-work orders, enforcement of any notice and order, or other ruling of the building official, issued under a code or ordinance from which appeal to the board is available, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. A-102 § 3, 1991; added during 1980 codification).
3.28.090 Right of official to seek recommendation.
The building official or any other administrative official of the city shall have the right to submit to the board a proposition or question for its consideration and recommendation. It shall be the duty of the board to consider such matter and to make its recommendation in the same manner as is required by this chapter in the hearing of any other matter within its jurisdiction. (Added during 1980 codification).
3.28.100 General provisions and rules.
A. Procedures before the board shall be governed by reasonable rules or regulations established by the board.
B. The report of the board may also be in the nature of a recommendation to the appellant. (Added during 1980 codification).
3.28.110 Enforcement of orders.
Orders of the board may be enforced, work performed and costs recovered as provided by whatever means are available at law or by city ordinance. (Added during 1980 codification).
3.28.120 Decisions of the board – Final.
Any order of the building code board of appeals shall be final and conclusive unless, within 21 days from the date of the order, the original applicant or an adverse party makes application to the Superior Court of the state for King County. (Ord. 96C-003 § 2; added during 1980 codification).