Chapter 15.05
BOARD OF BUILDING APPEALS

Sections:

15.05.010    Purpose.

15.05.020    Access appeals board.

15.05.030    Access appeals board jurisdiction.

15.05.040    General appeals board.

15.05.050    General appeals board jurisdiction.

15.05.060    Appeals, how made.

15.05.070    Procedures.

15.05.080    Access appeals board review of findings and determinations.

15.05.090    Board hearings, how set.

15.05.100    Chapter 2.52 not applicable.

15.05.010 Purpose.

State law requires that the city adopt and implement various standard codes such as the Uniform Building Code. (See municipal code Chapter 15.04.) Various provisions of the uniform codes provide a right of appeal from the decision or determinations of the building official. The purpose of this chapter is to specify certain matters related to any such appeal process. (Ord. 793 § 1 (part), 1996)

15.05.020 Access appeals board.

“Access appeals board” as used in this chapter means an appeals board as contemplated by subsection 4 of the Uniform Building Code (1994) Section 101.17.11 (or any successor to that section) and Health & Safety Code 19957.5. Its membership shall be as set forth in Health & Safety Code Section 19957.5(b) which reads as follows:

Two members of the appeals board shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member.

Such board members shall be appointed by or terminated by, and at the discretion of, the Capitola city council, which shall have similar authority to appoint and terminate the terms of one or more alternates to each of the classifications of board members. Any appointment of alternates should designate them as “first alternate, second alternate,

etc.” The board may make rules regarding its procedures providing they are not contrary to applicable state law. (Ord. 793 § 1 (part), 1996)

15.05.030 Access appeals board jurisdiction.

The access appeals board shall have jurisdiction to review “findings and determinations in accordance with subsection 4 of the 1995 Uniform Building Code Section 101.17.11 or any applicable succeeding statute.” It shall also have authority to hear appeals made to it pursuant to Health & Safety Code Section 19957.5. (Ord. 793 § 1 (part), 1996)

15.05.040 General appeals board.

“General appeals board” as used in this chapter refers to the board of appeals mandated by Section 105.1 of the Uniform Building Code. It shall have three regular members who meet the qualifications required by Section 105.1, namely, “members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees...” of the city.

Such board members shall be appointed by or terminated by, and at the discretion of, the Capitola city council, which shall have similar authority to appoint and terminate the terms of one or more alternates of board members. Any appointment of alternates should designate them as “first alternate, second alternate, etc.”

The board may make rules regarding its procedures providing they are not contrary to applicable state law.

The general appeals board shall conduct its proceedings in accordance with Section 19957.5(b) of the Health & Safety Code. (Ord. 793 § l (part), 1996)

15.05.050 General appeals board jurisdiction.

The general board of appeals shall hear appeals as required by the Uniform Building Code Section 105.1, namely “decisions or determinations made by the building official relative to the application and interpretation of [that] code” subject to the limitation of Uniform Building Code Section 105.2, namely, “The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.” However, in any situation in which there is an issue that falls under the jurisdiction of both the access appeals board and the general appeals board, the matter shall be heard by the access appeals board. (Ord. 793 § 1 (part), 1996)

15.05.060 Appeals, how made.

Any appeal of an action by the building official must be made within seven working days from notice of the underlying determination. Appeals shall be in writing on a form provided by the building official with an appeal fee of fifty dollars. The building official, after receiving proper application for appeal, shall notify the chairperson of the board and set a hearing within thirty working days of receipt of completed appeal application. (Ord. 793 § 1 (part), 1996)

15.05.070 Procedures.

The access appeals board shall follow the procedures set forth in applicable uniform codes. (See Uniform Building Code Section 105.1.) (Ord. 793 § 1 (part), 1996)

15.05.080 Access appeals board review of findings and determinations.

The access appeals board review of proposed findings and determinations pursuant to subsection 4 of Uniform Building Code Section 101.17.11, if no person has appealed any such proposed findings and determinations, shall be referred to the access appeals board by the building official in a timely manner. (Ord. 793 § 1 (part), 1996)

15.05.090 Board hearings, how set.

Unless rules adopted by one of the above-described boards otherwise prescribe, the building official shall schedule hearings by the board after making reasonable efforts to determine feasible dates for the regular board members. Whenever regular board members are unable to attend on the scheduled date, the building official shall attempt to arrange for the attendance of an alternate board member. (Ord. 793 § 1 (part), 1996)

15.05.100 Chapter 2.52 not applicable.

Decisions of the access appeals board and general appeals board are final and not reviewable by the city council, Chapter 2.52 of this code notwithstanding. (Ord. 793 § 1 (part), 1996)