Chapter 2.18
BUILDING APPEALS BOARD
Sections:
2.18.030 Appointment – Membership – Compensation.
2.18.040 Terms of office – Vacancies.
2.18.070 Meetings – Quorum – Voting.
2.18.080 Board member conflict of interest.
2.18.090 Disclosure of pre-hearing contact.
2.18.100 Powers and duties of board.
2.18.110 Rules and procedures.
2.18.010 Established.
A building appeals board is established for the city. (Ord. 11-2004 § 1)
2.18.020 Purpose.
The purpose of the appeals board is to hear and decide appeals of orders, decisions or determinations made by the building inspector relative to FMC Title 15. (Ord. 11-2004 § 1)
2.18.030 Appointment – Membership – Compensation.
The appeals board will consist of five members who are not city councilors, planning commissioners, officers or employees of the city. The members of the appeals board will be appointed by and serve at the pleasure of the city council. Appeals board members need not reside within the city. Appeals board members will receive no compensation but will be reimbursed for official expenses. The building inspector will be an ex officio member and act as secretary to the appeals board, but has no vote on any matter before the appeals board. The building inspector shall not be present when the appeals board discusses and makes its final decision. The discussion will be recorded by tape device. (Ord. 11-2004 § 1)
2.18.040 Terms of office – Vacancies.
At the first meeting of the appeals board, members will choose their terms of office by lot as follows: one for one year, two for two years, two for three years. Immediately thereafter, the members will notify the council of their terms. Successors will hold office for three years. Vacancies will be filled by the city council for the unexpired portion of a vacant term. (Ord. 11-2004 § 1)
2.18.050 Board removal.
A member of the appeals board may be removed by the city council for misconduct or nonperformance of duty. (Ord. 11-2004 § 1)
2.18.060 Officers.
At its first meeting the appeals board will elect from among its members a chairperson and vice-chairperson. The positions will be occupied for the remainder of the current calendar year and for the following calendar year. Subsequent officers will be elected by the appeals board at its first meeting of each calendar year for the entire calendar year. The chairperson will preside over meetings of the appeals board, and in the absence of the chairperson the vice-chairperson will preside. (Ord. 11-2004 § 1)
2.18.070 Meetings – Quorum – Voting.
The appeals board will meet as necessary at City Hall. Three members constitute a quorum. All decisions of the appeals board will be by a majority vote of those members present. (Ord. 11-2004 § 1)
2.18.080 Board member conflict of interest.
An appeals board member may not participate in any proceeding in which any of the following has a personal or pecuniary interest: the appeals board member or spouse, sibling, child, parent, parent-in-law, any business in which the appeals board member is then serving or has served within the previous two years, or any business that the appeals board member is negotiating for, has an arrangement or understanding concerning prospective partnership or employment or pecuniary interest, or that any of the persons listed above has any such similar interest. Any actual or potential interest must be disclosed at the meeting of the appeals board where the proceeding is considered. (Ord. 11-2004 § 1)
2.18.090 Disclosure of pre-hearing contact.
Prior to any proceeding a member of the appeals board must disclose to the board any pre-hearing or ex parte contacts with an applicant, applicant’s officers, agents or employees. A member of the appeals board must disqualify himself or be disqualified by the remaining members of the appeals board, when it appears that the impartiality or objectivity of the member is compromised. (Ord. 11-2004 § 1)
2.18.100 Powers and duties of board.
A. The appeals board has authority to hear and decide appeals of orders, decisions or determinations made by the building inspector under FMC Title 15 and any other authority granted by statute or rule. The building inspector will not take enforcement measures during the appeal period. The appeals board does not have authority to interpret the administrative provisions of that chapter or to waive its requirements.
B. Whenever the appeals board modifies the requirements of FMC Title 15, it must first find that a specific reason makes compliance with strict compliance impractical. The modification must conform with the intent and purpose of FMC Title 15, and not lessen fire protection requirements or structural integrity.
C. Whenever the appeals board allows an alternate material or method of construction not specifically prescribed by FMC Title 15, it must first find that the proposed design, material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed by that title in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The appeals board must require evidence sufficient to substantiate any such alternates.
D. The appeals board must prepare a record that includes detailed findings for each decision it makes. (Ord. 11-2004 § 1)
2.18.110 Rules and procedures.
The appeals board must adopt rules for its governance and procedures consistent with the state law and the FMC, subject to approval by the city council. (Ord. 11-2004 § 1)