HomeMy WebLinkAbout1991/01/14 Board of Appeals & Advisors Agenda Packet
Item 12A (I of 12)
January 10, 1991
MEMORANDUM
TO: Chairman Contreras and the Board of Appeals and Advisors
FROM: Kenneth G. Larsen, C.B.O., Director of Building and Hou .
SUBJECf: PROPOSED ORDINANCE AMENDMENTS
Please find attached for your review staff recommendations involving suggested revisions to
our current Board of Appeals and Advisors Ordinance. Included for your information is a
memorandum from Assistant City Attorney Rudolf highlighting the background for the
modifications and identification of affected Ordinance sections. Briefly, the proposed
amendments are as follows:
1. To bring into conformance, editorial changes from our model code adoption
ordinances identifying the Uniform Code for the Abatement of Dangerous Buildings,
the Uniform Housing Code and the Plumbing and Mechanical Codes.
2. To align the duties of the Board with the adopted language of the 1988 Edition,
Uniform Building Code, Section 204 (page 9).
3. To recognize the Board as the appeal body for the Uniform Fire Code (page 10).
Staff has reviewed the proposed recommendations with the Fire Chief as well as the
Assistant City Attorney, both of which are in concurrence with the proposed amendments.
Should the actions of the Board move to support staffs recommendations, the proposed
ordinance modifications will be forwarded to the City Council for final adoption.
As always, please do not hesitate to contact me in the event further information or
clarification regarding the amendments should be n?cessary.
Looking forward to seeing everyone on the 14th. -
----- ~
KGL~
(f:\boardor2.doc)
1 CCIII ,; L¿\ \ '- 0 J L:)
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DATE: December 21, 1990
TO: Ken Larsen, Director of Building and
.. ---.
ATTN: Brad Remp, Asst. Director of Building and Housing
FROM: \f¡\t-- Richard Rudolf, ,Assistant City Attorney
D.
SUBJECT: Final Final Board of Appeals and Advisors Ordinance
On December 17, 1990, Brad Remp returned my memorandum to me with
a couple of comments regarding the draft final ordinance and my
December 7, 1990 memorandum. Returned herewith is (hopefully)
the final, final version of the ordinance for you to forward to
the City Council for action with your A-1l3. If you desire, we
can jointly file the A-113.
I did not amend section 2.26.050{A-6) to add a provision about
loss of residency or voter registration causing a vacancy. The
language in section 2.26.040B makes it clear that the person must
be a resident at both the time of appointment and throughout
their terms who maintains elector status. This is part of
Bruce's "bells and whistles" ordinance for advisory boards and
commissions, and I don't want to change the format at this point.
I reviewed the proposed change to Chapter 15.16 relating to the
Uniform Mechanical Code and changed Section V of the ordinance to
be an amendment to Section 15.16.030, rather than the addition of
a new Section 15.16.015. The form of the ordinance is an
amendment to the existing language of Section 15.16.030 to bring
it into conformity with our general language in all the codes
relating to the Board of Appeals and Advisors.
Addi tionally, I noticed from Brad's handwritten note to you that
you thought the ordinance would make appeals from determinations
of the Fire Marshal appealable to the Board of Appeals and
Advisors. Section 2.303 of the Uniform Fire Code does not so
provide. Accordingly, I have added two new sections to the
proposed ordinance, one renumebering section 15.36.020 (added by
Ordinance 2339 in 1989 when the 1988 edition of the Uniform Fire
Code was adopted); and a new section amending Uniform Fire Code
Section 2.303 to read consistently with the language we have for
all the other uniform codes making determinations of the
enforcing authority (here the Fire Marshal and/or Fire Chief)
appealable to the Board of Appeals and Advisors as constituted by
Chapter 2.26.
In light of the latter change, you may now wish to have the A-1l3
come from yourself, the Fire Chief, and the City Attorney's
office. The enclosed version of the ordinance is in final form,
ready for your presentation to the City Council.
DRR:lgk
Ene.
8344a
Item #2A (3 of 12)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
AND RE-ENACTING CHAPTER 2.26 AND AMENDING PORTIONS
OF CHAPTERS 15.08, 15.16, 15.20, 15.28 AND 15.36
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE
BOARD OF APPEALS AND ADVISORS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: Chapter 2.26 of the Chula Vista Municipal
Code is hereby repealed.
SECTION II: Chapter 2.26 of the Chula Vista Municipal
Code, to be entitled "Board of Appeals and Advisors" is added to
the Chula Vista Municipal Code to read as follows:
CHAPTER 2.26 BOARD OF APPEALS AND ADVISORS
Sec. 2.26.010 Creation. .
There is hereby created a Board of Appeals and
Advisors.
Sec. 2.26.020 Purpose and Intent.
It is the purpose and intent of the City Council in
establishing the Board of Appeals and Advisors to create
an advisory body which would serve as a resource to
advise and make recommendations to the City Council, the
City Manager, the Director of .Building and Housing and
the Fire Chief on matters relating to building
construction.
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 Codes.
Sec. 2.26.030 Functions and Duties.
The function and duties of the Board of Appeals and
Advisors shall be as follows:
A. Create a forum for city-wide discussions, research,
and analysis of critical issues of building
construction, including plumbing, mechanical and
electrical installations.
B. Where authorized by a Uniform Code adopted by the
City to do so, investigate and advise as to the
suitability of alternate materials, types of
construction, and interpretation of said adopted
Uniform Code.
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ltto'!U i¡2A (4 01 1 L)
C. Conduct public hearings and recommend to the City
Council, the passage of new legislation pertaining
to the design and construction of buildings,
including the minimum requirements for housing for
the protection of life, limb, health, property,
safety and welfare of the general public,
installation of plumbing, mechanical and electrical
work, and matters related to fire resistance,
durability, and safety.
D. Act as an administrative appellate body to hear
appeals relating to determinations by the Fire
Chief or Director of Building and Housing, pursuant
to City-adopted Uniform Codes, that conditions or
circumstances are public nuisances and should be
abated. Such Codes include, but are not limi ted to
the Uniform Building, Uniform Mechanical, Uniform
Fire, Uniform Housing, Uniform Plumbing and
National Electrical Codes as adopted from time to
time by the City Council. Hearings of the Board
shall be conducted in accordance with the
procedures set forth in such Uniform Codes and
particularly the Uniform Code for the Abatement of
Dangerous Buildings. The decision of the Board
shall be final.
Sec. 2.26.040 Membership.
A. Number of Members.
The Board shall consist of seven (7 ) Voting
Members, and one (1) Staff Ex-officio Member, and
such other General Ex-officio members of the Board
as the City Council shall, from time-to-time,
appoint.
B. Designation of Members.
l. Voting Members.
The seven (7 ) Voting Members shall be appointed by
the City Council from the qualified electors of the
City in accordance with the provisions of Section
600, et seq. of the Charter, who shall be residents
of the City and who shall, throughout their term,
maintain their residency and elector status.
2. Staff Ex-officio Member.
The one (1) Staff Ex-officio Member shall be the
city Manager or his designated representative, who
shall not be required to be a qualified elector of
the City, and who shall have no vote ("Staff
Ex-officio Member").
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Item #2A (5 of 12)
, .
3. General Ex-officio Members.
The City Council, or its designee, may appoint such
additional ex-officio members of the Board as they
deem appropriate, who shall not be required to be
qualified elector(s) of the City, but any such
appointed ex-officio members shall have no vote
("General Ex-officio Member").
Sec. 2.26.050 Term of Office.
A. Term of Office--All Classes of Members.
l. Terms.
Except as otherwise provided in this Subsection A,
the term of office of all members, and all classes
of members, of said Board shall be for a nominal
period of four ( 4 ) years, and shall terminate on
June 30th of the fourth year of their term, unless
they shall otherwise sooner resign, die, become
disqualified or incompetent to hold office.
2 . Terms of Existing Voting Members.
Notwithstanding subsection A.l, the terms of
existing Voting Members of the Board of Appeals and
Advisors serving under Chapter 2.26 repealed by
Section I of this ordinance shall continue as if
unaffected by said revocation, and shall conclude,
for two ( 2 ) Voting Members on June 30, 1991 ; for
two (2 ) Voting Members on June 30, 1992; for two
( 2 ) Voting Members on June 30, 1993; and for one
(1) Voting Member on June 30, 1994, unless they
shall otherwise sooner resign, die, become
disqualified or incompetent to hold office.
3 . Staff Ex-officio Member.
The term of the Staff Ex-officio Members shall be
indefinite, and they shall serve at the pleasure of
the Council.
4. General Ex-officio Member.
The term of General Ex-officio Members shall be for
a period of four years from the time of appointment.
s. Holdover Office.
Notwithstanding the end of any Member I s Term as
herein provided, a Membe r , other than the Staff
Ex-officio Members, shall be permitted to continue
to exercise the privileges of his or her former
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Item #2A (6 of 12)
office for not longer than two (2 ) months after the
end of the term until the office to which the
Member was appointed is filled by reappointment of
a qualified successor.
6. Vacancies.
Notwithstanding the term of office to which a
Member is appointed, said office shall be deemed
vacant upon any of the following events ("Event of
Vacancy"):
a. The death or disability of said Member
that renders said member incapable of
performing the duties of office.
b. The Member's conviction of a felony or
crime involving moral turpitude.
c. The Member's absence from three (3 )
regular, consecutive meetings of the
Board, unless excused by majority vote of
the Board expressed in its official
minutes.
d. The Member has submitted a resignation
which resignation has been accepted by the
Ci ty Council.
e. The membership has been terminated by
three affirmative votes of the City
Council.
Upon the occurrence of an Event of Vacancy as
hereinabove listed, the City Council shall so declare
the office to be vacant, and shall expeditiously take
such steps as are necessary to fill said vacancy.
B. Number of Terms.
a. Voting Members.
l. Two Term Limi t. No Voting Member shall be
appointed to more than two ( 2 ) terms
except as herein provided ( "Two Term
Limit").
2. Unexpired Term Exception. Notwithstanding
the Two Term Limit, a person appointed to
the Board as a Voting Member to fill the
unexpired term of an office of a Voting
Member which has become vacant ("Unexpired
Term" ) which has less than two ( 2 ) years
remaining on said Unexpired Term, may be
appointed to two ( 2 ) terms in addition to
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Item #2A (7 of 12)
their Unexpired Term. A Voting Member who
currently occupies an Office may not be
re-appointed to fill the Unexpired Term of
another Office which has become vacant.
3 . Any Voting Member may be re-appointed to
serve on the Board after two ( 2 )
successive years of not serving on the
Board in any Office or Membership
capacity--Voting or Staff Ex-officio.
b. General Ex-officio Members.
A General Ex-officio Member may be reappointed
without limitation as to number of terms.
Sec. 2.26.060 Operation of Board.
A. Frequency, Time and Place of Regular Meetings.
The Board shall hold at least one regular meeting
each month commencing at 5:00 p.m. on the second
Monday of each month, or at such other day and time
that it shall designate by written resolution, a
copy of which shall be forwarded to the City
Council and entered in the minutes of the meeting
thereof, in Conference Room One of the Public
Services Building at the City Hall Complex located
at 276 Fourth Avenue, Chula Vista, or at such other
place that it shall designate by wri tten
resolution, a copy of which shall be forwarded to
the City Council and entered in the minutes of the
meeting thereof, or at such place as may be posted
upon the door of said Conference Room at least
thirty (30 ) minutes in advance of the meeting.
B. Officers and Board.
The Board shall select a Chairperson and a Vice
Chairperson from among its Voting Members annually
at its first meeting in July of each year. The
Chairperson and Vice Chairperson so selected shall
serve for a period of one (1) year.
C. Special Meetings.
The Board may meet specially at such other time,
days and places as it shall establish by majority
vote, or at such time as the Chairperson thereof
may call, or at such times as a majority of the
members thereof may call a meeting.
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Item #2A (8 of 12)
. .
D. Conduct of Meetings.
The meetings of the Board, and notice thereof,
shall be governed by the same rules and regulations
by which the City Council is bound in the conduct
of pUblic meetings.
E. Quorum.
Four (4 ) Voting Members shall constitute a quorum
for the transaction of business.
F. Resolutions.
The affirmative vote of a majority of the entire
membership shall be required for the passage of any
resolution of the Board.
G. Reports and Recommendations.
All reports and recommendations shall be made in
writing.
H. staff Support.
All officers and department heads shall cooperate
with and render reasonable assistance to the
Board. The City Manager may make available staff
and clerical support to the Board to fulfill its
functions and duties, provided such staff and
clerical support is available.
1. Rules and Regulations.
The Board may make such rules and regulations not
inconsistent with the provisions of this Chapter.
J. Gifts and Grants.
The Board may, subject to the approval of the City
Council, accept gifts and grants from any source to
assist it in the performance of its functions.
K. By-Laws.
The Board may pass such other and further rules and
regulations regarding the internal affairs of the
Board as are not inconsistent with the terms and
conditions of this Chapter.
SECTION III: section 15.08.020 of the Chula Vista
Municipal Code ( being the second paragraph of Section 203 of the
Uniform Building Code) is amended to read as follows:
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item #2A (9 of 12)
Sec. 15.08.020 Section 203 amended by revision of the
second paragraph to read as follows:
$¢¢Y-t¢ri//~~1//ß~ÆV/$ØtL~t~~$//Ø~//~~¡ All
such unsafe buildings, structures or appendages are
hereby declared to be a public nuisance and shall be
abated by repair, rehabilitation, demolition or removal
in accordance with the procedures set forth in the
Ø~ri~¢t¢~$///ßAÁÁ~Áfi~///~~ Uniform Code for the
Abatement of Dangerous Buildings, 1988 Edition as hereby
adopted by the City of Chula Vista. As an alternative,
the Building Official or other employee or official of
this jurisdiction as designated by the governing body,
may institute any other appropriate action to prevent,
restrain, correct or abate the violation.
SECTION IV: Section 15.08.030 of the Chula vista
Municipal Code (being Subdivision (a) of Section 204 of the
Uniform Building Code) is amended to read as follows:
Sec. 15.08.030 Section < 204(a) is amended to read as
follows:
$¢¢Y-t¢ri/lØ;t~l/~øX~ø/ør/x;;ÉXt$/X~Ø/Xø~t$Ø~$/.
1¢///~Þf-þt~fiß///~///~/c0iv.v~///q~///iJ~~t~i~~
~~Y-¢tt~X$j/~~~~~/pt//qqd~ifviqif¥qd/~/~¢/~I.V~/t¢t
t¢~$¢ri~~X¢//triY-¢tpt¢Y-~Y-t¢ri//¢t//Y-~¢//pt¢øt$t¢~$//¢t//Y-~t$
¡t¢¢¢ Section 204(a) General. In order to hear and
decide appeals of orders, decisions or determinations
made by the building official relative to the
application and interpretation Df this code, there shall
be and is hereby created a Board of Appeals and Advisors
consisting of seven members who are qualified by
experience and training to pass upon matters pertaining
to building construction. The Director of Building and
Housing shall be an ex-officio member who shall not be
enti tIed to vote and who shall act as Secretary to the
Board.
The Board of Appeals and Advisors shall be appointed
by the City Council from the qualified electors of the
City in accordance with the provisions of Section 600
et. seq. of the Charter. The Board shall render all
decisions and findings in writing to the Director of
Building and Housing with a duplicate copy to the
appellant. The decision of the Board is final. The
Board of Appeals and Advisors shall recommend to the
City Council such new legislation deemed necessary to
govern construction in the City of Chula Vista.
SECTION V: Section 15.16.030 (being subdivision 203 (a)
of the Uniform Mechanical Code) is hereby amended to read as
follows:
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Item #2A (10 of 12
Sec. 15.16.030. Section 203 amended by revision of
subdivision (a) to read:
Section 203(a) ߢ~f¢$///qV//AÞ~~//~ri¢//¡,r~vV~q~~'
General.
tÞ///~~//~~///~iVV~i¥iVÝ///¢{///AltifriAti
mAtiflAl$¡/AV~~~~/Þt//qqd~V~iqVVqd/~/~¢/~~/t¢f
fiA$¢riA~li//lritifpf~tAtl¢ri//¢t//t~~//pf¢Øl$l¢ri$//¢t//t~1$
¢¢IJ.~¡ In order to hear and decide appeals of orders,
decisions or determinations made by the bUilding
official relative to the application and interpretations
of this code, there shall be and is hereby created a
Board of Appeals and Advisors consisting of seven
members who are qualified by experience and training to
pass upon matters pertaining to mechanical ¢~$i~ri¡
¢¢rittf~¢tl¢ri//A~A//~//~~//~¢//ص~l¡¢//~~Alt~
Atp~¢tß///qV//~//titt~mß///ii~//~~//Akk///ri¢t
~~~~~////qV////~Xi////¿~flߢl¢ti¢ri' aspects of
construction. The Director of Building and Housing
shall be an ex-officio member who shall not be entitled
to vote and who shall act as secretary to the Board.
The Board of Appeals and Advisors shall be appointed by
the 'ÁAi¢f/ /~~ /¢¢rit1f¡(¡~¢I /rf/ /f-J¡,é City Council from the
qualified electors of the City in accordance with the
provisions of Section 600 et seq. of the Charter. The
Board shall render all decisions and findings in writing
to the Director of Building and Housing with a duplicate
copy to the appellant. The decision of the Board is
final. The Board of Appeals and Advisors shall
recommend to the City Council such new legislation
deemed necessary to govern, mechanical aspects of
construction in the City of Chula Vista.
SECTION VI: Section 15.20.020 of the Chula Vista
Municipal Code (being Section 203 of the Uniform Housing Code) is
amended to read as follows:
Section 203. Advisory and Appeals Board. t/d/¡'flJ.~f
t¢///PVqV¥~if//~///tfAߢriA~lf///¥dififvifvififdif¥dd///AI//t~~
pf¢~i$i¢ri$///¢t///t~l$///~¢¢~¡///t¢///¡(¡ltigAt~///tp~¢ifit
pf¢~i$i¢ri$///Øf///~V~//I1~~~//Þ~//ÞthAth///pfA¢tl¢4X
pfA¢ti¢~X//AÁttÁÞµÁtÁkß//ßtV/~~Vd//¢dVq~q¢~¢dV//iø~//t¢
Xiif//App~Alt//ÞiÞÞÁAkA//~//ÆI~d~~~dl In order to
hear and decide appeals of orders, decisions or
determinations made by the building official relative to
the application and interpretation of this code, there
is hereby established a Board of Appeals and Advisors
consisting of seven members who are qualified by
experience and training to pass upon matters pertaining
to building construction, use and occupancy of
residential structures. The Director of BUilding and
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~~-.._.-
~~ ---- ----. .---
jtem Ÿ2A ~ll of 12~
Housing shall be an ex-officio member who shall not be
entitled to vote and who shall act as secretary to the
Board. The Board of Appeals and Advisors shall be
appointed by the ~triI/~/tþ~At~/Þ8//t~ß// City
Council from the qualified electors of the City in
accordance with the provisions of Section 600 et seq. of
the Charter. The Board shall render all decisions and
flndlngs In writing to the Director of Building and
Housing wi th a duplicate copy to the appellant.
XPP~~Xt/A!q/tM~/AYq~~/tM~XX/fti~/pt¢¢~tt~¢//MY/~¢¢¢t¢~~¢~
¢ttM//~//~qV/V~V~~//¢~i~IŸi~~//t~//~//Yl~Y//¢£
'iMt'ß/,é,6/w /c/rI / trl/ Aé#::vf:~ N'iW / t.rl.éM ,þt~.w /1iI /¡(¡ß.¡þ
~~//¢i~¢iit~iø/AlÝ/~~/~//~~//ÞÆ//t~ß//tttÚ//¢£
~M~X~//ytßt~¡ The decision of the Board is final.
The Board of Appeals and Advisors shall recommend to the
Ci ty Council such new leg isla tion deemed necessary to
govern construction, use and occupancy of residential
structures, in the City of Chula Vista.
SECTION VII. Section 15.28.025 (being Section 20.14 of
the Uniform Plumbing Code) is hereby added to the Chula Vista
Municipal Code to read as follows:
Sec. 15.28.025. Section 20.14 is amended as follows:
Section 20.14 Board of Appeals and Advisors
In order to hear and decide appeals of orders,
decisions or determinations made by the building
official relative to the application and interpretation
of thls code, there shall be and is hereby created a
Board of Appeals and Advisors consisting of seven
members who are qualified by experience and training to
pass upon matters pertaining to plumbing issues in
construction. The Director of BUlldlng and Housing
shall be an ex-officio member who shall not be entitled
to vote and who shall act as secretary to the Board.
The Board of Appeals and Advlsors shall be appointed by
the City Council from the qualified electors of the City
in accordance with the provislons of Sectlon 600 et seq.
of the Charter. The Board shall render all decis~ons
and findings in writing to the Director Building and
Housing with a duplicate copy to the appellant. The
decision of the Board is final. The Board of Appeals
and Advisors shall recommend to the City Council such
new legislation deemed necessary to govern plumbing
issues in construction in the City of Chula Vista.
SECTION VIII: Section 15.36.020 of the Chula Vista
Municipal Code is renumbered to Section 15.36.025.
SECTION IX: Section 15.36.020 is hereby added to the
Chula Vista Municipal Code to read as follows:
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Item #2A (12 of 12;
Section 2.303 is revised to read as'follows:
Section 2.303. In order to hear and decide appeals of
orders, decisions or determinations made by the Fire
Ch1ef or Fire Marshal relat1ve to the appl1cat1on and
interpretation of this Code, there shall be and .
1S
hereby created a Board of Appeals and Advisors
consisting of seven member who are qualified by
experience and training to pass upon matters pertaining
to f1re safety. The Fire Chief shall be an ex-off1cio
member who shall not be enti tled to vote and who shall
act as secretary to the Board when it is hearing matters
related to application of the Uniform Fire Code. The
Board of Appeals and Advisors shall be appointed by the
Clty Council from the qualified electors of the City in
accordance with the provisions of Section 600 et seq. of
the Charter. The Board shall render all decis10ns and
findings in writing to the Fire Chief with a duplicate
copy to the appellant. The decision of the Board is
final. The Board of Appeals and Advisors shall
recommend to the City Council such new legislation
deemed necessary to govern f1re safety 1n the C1ty of
Chula Vista.
SECTION X: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
Sam Lopez, Fire Chief
Ken Larsen, Director of
Building and Housing
8160a
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