§ 15.08.060. Board of appeals.

(a)

Established. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this Code, there is created a board of appeals.

(b)

Powers and duties. The board of appeals shall:

(1)

Hear and determine appeals from the rulings of the building official concerning any of the codes adopted by the ordinance codified in this chapter.

(2)

Have the authority to approve the use of any material or method of construction not specifically prescribed by this Code, provided that the proposed design is satisfactory and that the material or method of work offered is for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. Each approval of the use of an alternate material or method of construction shall be singular and shall not be applied as a modification of the regulations of this Code.

(3)

Adopt reasonable rules and regulations for conducting its hearings and meetings; the rules shall be called the bylaws of the building board of appeals.

(4)

In connection with hearing appeals from the rulings of the building official, the board shall render all findings of facts and decisions in writing. A copy of each of such findings and decisions shall be sent to the building official and the appellant.

(5)

The decisions of the board of appeals may be appealed to the city council within ten days. The review by the city council of a decision of the board of appeals shall be based solely upon the administrative record as presented before the board of appeals. The review of the city council shall be limited to whether the findings of the city council are supported by the evidence. The decisions of the city council shall be final.

(6)

Recommend to the city council any new legislation necessary or any change to existing regulations it deems necessary.

(c)

Method of appeals.

(1)

Appeals shall be made and conducted as provided under state law.

(2)

Appeals from decisions of the building official shall be in writing on forms provided by the building division.

(3)

Each separate appeal shall be accompanied by a fee in an amount as established by the city council from time to time.

(4)

The board of appeals shall hear the appeal within ten working days after application has been filed with the building official and shall render their findings to the appellant in writing within five days after the hearing.

State law reference

Local appeals board authorized by board of supervisors to hear appeals regarding building requirements of the city, Health and Safety Code § 17920.5.