HomeMy WebLinkAbout1994/06/13 Board of Appeals & Advisors Agenda Packet (2)
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June 13, 1994
MEMORANDUM
TO: Chairman Gingerich and Members of the Board of APp~rs
FROM: Keooeth G. """". C.B.O.. D;,_' of B"Ud;O~l1I' ~ '5.
Secretary to the Board of Appeals and Advisor~ . " / ."
,
SUBJECT: PROPOSED ORDINANCE CHANGES
RECOMMENDATIONS: That the Board of Appeals and Advisors consider the following
proposals for discussion and provide final decisions on staff's recommendations at the
July 11, 1994 Meeting,
1, To establish an Access Appeals Board as per the Health and Safety Code,
Section 19957,5 to hear cases/complaints relating to disabled access,
2. To designate the Board of Appeals and Advisors as the final appellate body for
the abatement of abandoned, wrecked, inoperative or dismantled vehicles or parts
thereof,
3, To adopt the Uniform Code for the Abatement of Dangerous Buildings.
DISCUSSION:
Establishment of an Access Appeals Board
The California Code of Regulations, Title 24, Part 2 adopts the Uniform Building Code
with modifications, The modifications include requirements to ensure accessibility to
buildings for persons with disabilities, The Regulations also provide for exemptions from
these requirements when unreasonable hardship exists and no equivalent facilitation is
available, In such cases, the requirement may be waived, but only after the decision has
been ratified by an Access Appeals Board. The Code provides an option for each
jurisdiction to establish an Access Appeals Board, If the jurisdiction chooses to do so,
the membership of the Access Appeals Board is specified in the Statute and consists of
five members; two members with construction knowledge, two members from the
disabled community and one from the general public.
Board of Appeals & Advisors -2- June 13, 1994
After extensive research by staff and discussion with the City Attorney's Office, the
following options are presented for the Board's consideration and recommendation:
1, To establish an Access Appeals Board with the membership criteria as stated in
the Health and Safety Code, Section 19957.5 consisting of five new members to
be appointed by the Mayor. The Access Appeals Board will be an autonomous
Board; or,
2. To establish an Access Appeals Board by requesting three existing Board of
Appeals and Advisors members to also serve on the Access Appeals Board and
adding two new members from the disabled community, The Access Appeals
Board will in essence act as a Sub-Board of the Board of Appeals and Advisors;
or,
3, To establish an Access Appeals Board by altering the current make-up of the
Board of Appeals and Advisors by including at least three members from the
disabled community; The Board of Appeals and Advisors would act as the
Access Appeals Board; or,
4, To not establish an Access Appeals Board; and the City Council will act as the
appellate body as permitted by the Health and Safety Code, Section 19957.5.
Final Appellate Bodv for Vehicle Abatement
The Chula Vista Municipal Code, Section 10.80.080 currently cites the City Council as
the appellate body for hearings relating to vehicle abatement. Staff is recommending
that the Board of Appeals and Advisors act as final appellate body for such hearings,
This recommendation is supported by Chapter 2,26 of the Chula Vista Municipal Code,
which states that "Another purpose of the Board is to act as administrative appellate
review of decisions of such officers to abate public nuisances arising out of application
of Uniform Code."
Adoption of the Uniform Code for the Abatement of Danaerous Buildinas
Adopting this Code will provide a procedural mechanism for abating dangerous
buildings as public nuisances, It will authorize the City to perform the work necessary
to abate the hazards, while providing a method for the City to recover the cost of their
actions directly from the property owner via a tax lien,
These three recommendations are offered to the Board for discussion and consideration.
In the event further information or clarification of staff's recommendations should be
necessary, please do not hesitate to contact the Department.