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HomeMy WebLinkAboutReso 1976-8441RESOLUTION NO. 8441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE RULES AND REGULATIONS GOVERNING THE CONDUCT OF THE BOARD OF APPEALS The City Council of the City of Chula Vista does hereby resolve as follows: NOr~I, THEREFORE, BE IT RESOLVED by the City Council of .the City of Chula Vista that the attached Rules and Regulations, marked as Exhibit "A" and incorporated herein by reference as if set forth in full, be, and the same are hereby adopted by the City Council of the City of Chula Vista as the Rules and Regulations governing the conduct of the Board of Appeals. Presented by ~. ~ ~Y ~f ;//r//_/ ~ -. 'C ~- ene ady, Direc or of Building and Housing ,' Approved as to form by __,, ~~ ~;~ ~// , P" ~~~ / ~' George``~D. Lindberg, City Attc~hey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of December , 197 (, , by the following vote, to-wit: AYES: Councilmen _Egdahl, Hobel, Hyde, Cox, Hamilton NAYES: Councilmen None ABSENT; Councilmen None ATTEST STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, City Clerk of the City of Chula Vista, Cali ornia, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ' I - NAME ,F~HIBIT • A This body shall be known as the Board of Appeals and Advisors II - PURPOSE It is the purpose of the Board to: (a) Advise the City Council, City P4anager, Director of Building and Housing and the Fire Chief regarding construction metf~ods, materials and other matters relative to the Building Enforcement Program. (b) Serve as a hearing board to make factual determinations and recommendations in controversies over application of the City Building and Fire Laws. • (c) Serve as a hearing board in making determinations and recommendations to the City Council regarding the desirability • of changes or additions to the Building and Fire Laws. (d) Serve as a hearing board for building and housing redevelopment in order that citizens will not be deprived of property rights without due consideration. III - DUTIES The duties of this Board shall be, when properly petitioned in accordance with these rules, to: (a) Investigate and determine the suitability of materials and methods and types of construction, alternate to those specifically provided for by the Building Laws. Any approvals granted by the Board shall not be construed to be general approvals, but shall apply only to the specific case upon which such alternate is considered, unless otherwise ruled by the Board. (b) Provide interpretation of provisions of the Building and Fire Laws and advise upon their application. (c) May conduct public hearings and recommend to the City Council the passage of new legislation pertaining to the design, construction, alteration, repair, use, maintenance and demolition of buildings and structures, including the minimum requirements for housing as may be deemed appropriate. (d) Recommend approval of deviations from the provisions of the Building Code provided the alternate materials or type of construction proposed for the purposes intended is at least equivalent to the Building Code requirements in quality, strength, effectiveness, fire resistance and durability, and also in providing for the public health, safety and welfare. IV - POWERS The Board's findings shall be binding upon the City Administration and staff. V - ORGANIZATION (a) The Board shall be comprised of seven members appointed by the Council for a term of four years. (b) The Board shall elect from its membership a Chairman. The term of the Chairman shall be for one year, beginning the first of July of each year. The Chairman shall preside at all meetings of the Board. In the absence of the Chairman at any meeting, the Board members present shall elect a Chairman Pro-tem. -2- (c) The Director of Building and Housing and the Fire Chief shall be Ex-Officio members of the Board but shall have no vote. The Director of Building and Housing shall serve as permanent Secretary to the Board. The Secretary shall cause minutes of each meeting of the Board to be kept and distributed. The Secretary shall also cause appropriate written notice of all forthcoming meetings to be given all members and persons having business with the Board. The Secretary shall keep a record of attendance of the Board members and shall notify the Board when any member is absent from a scheduled meeting three consecutive times ~rithout good cause. The Director of Building and Housing may delegate the duties of Secretary of the Board to one or more of his deputies. VI - CONVENING MEETINGS (a) Meetings shall be held at least once each month or as called by the Secretary of the Board whenever there is business for the Board to consider, or whenever requested by the Chairman of the Board. (b) A written notice of the meeting shall be sent to each Board member and to all persons having business with the Board by the Secretary, not less than 7 days before the time of meeting. (c) The time and place of meeting shall be stated in the notice of meeting distributed by the Secretary. (d) Four (4) members present shall constitute a quorum for the transaction of business. -3- VII - DRDER OF BUSINESS The following shall be the order of business for all meetings: (a) Roll call of members. (b} Reading of minutes of the previous meeting. (c) Amendment or approval of the minutes of the previous meeting. L (d) Consideration of appeals held over from previous meetings. (e) Consideration of new appeals. (f) Consideration of proposed legislation. (g) Other business. VIII - PARLIAMENTARY PROCEDURE (a) The Board shall follow the usual parliamentary rules of order in the transaction of its business. (b) A majority vote of the members present at any meeting shall decide the finding of the Board. (c) Rules of conduct may be established, amended or repealed at any meeting by an affirmative vote of five (5) members of the Board. IX - APPEALS PROCEDURE Appeals to be considered by the Board shall be processed in accordance with the following: (a) Appeals shall be initially submitted by the appellant in writing to the Building Department on forms provided for the purpose. -4- '. (b), Appellants will be notified in writing by the Secretary of the time and place of the meeting at a~hich their appeal will be considered. Such notice shall be served at least 7 days before the time of the meeting. (c) Appellants may bring such counsel, advisors, samples, or data as may be pertinent to their appeals, to the meeting at which their appeal is considered. Consideration of an appeal by the • Board shall consist of: (1) A presentation by the Director of Building and Housing or his deputy, of the appeal or question under consideration, together with applicable legal requirements. (2) A presentation by the appellant of the nature and reason for his appeal, together with supporting data and argument. (3) The Chairman of the Board of Appeals may deny the further consideration of any appeal upon which the Board is not empowered to act. City Attorney concurrence shall accompany any such denial. All such appeals shall be considered automatically denied. (4) A question and discussion period by the Board, involving the appellant, Inspection Department staff, and advisors. An inspection of the property involved may be made by members of the Board. (5) Vote by the Board to determine a majority finding. (d) Findings of the Board will be recorded in the minutes and upon the Appeal Application form. Copies of the minutes, including the findings, shall be provided by the Secretary to appellants. -5- ' (e~ Absence of an appellant or his representative from a moeting for which proper notice has been given shall not prevent the Board from considering an appeal if requested to do so by the Director of Building and Housing. -6-