A building board of appeals, referred to in this article as “the board,” is created to accomplish purposes and perform functions set forth in this article.
(Ordinance 2019-07, sec. 2, adopted 5/14/19)
[1]
Editor’s note–Former division 3, pertaining to the traffic and transportation commission and deriving from sections 12.101 through 12.108 of the 2001 Code, was repealed in its entirety by Ordinance 2016-13 adopted 6/21/16.
The board shall be composed of five members to be appointed by the city council. Members shall be appointed to places numbered 1 through 5. The terms of office of the members shall be two years beginning on November 1st of the year of appointment. The terms of the odd- numbered places shall expire in the odd-numbered years, and the terms of the even-numbered places shall expire in the even-numbered years. Board members may be appointed to succeed themselves. Vacancies shall be filled by the city council for the unexpired term. Newly appointed members shall be installed at the first regular board meeting after their appointment. All members of the board shall hold office at the pleasure of the city council.
(Ordinance 2019-07, sec. 2, adopted 5/14/19)
It is the intent of the city council that the board members shall, by reason of diversity of their individual areas of expertise, constitute a board which is broadly representative of various fields of building construction and building standards. In making appointments to the board, the city council will give consideration to persons who are qualified by experience and training to pass on matters pertaining to building construction, mechanical design, plumbing systems or electrical systems, or who have practical experience in matters relating to building construction or value such as a mortgage banker or licensed real estate agent. Members may not be employees of the city.
(Ordinance 2019-07, sec. 2, adopted 5/14/19)
The board shall elect a chairman and vice-chairman from among its members. The board shall meet when required to carry out the duties established by section 1.04.065. The board shall adopt its own rules and procedures and shall keep a record of its proceedings consistent with the provisions of this article and the requirements of law. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its decisions and other official actions, all which shall be filed in the office of the city secretary and kept as public records.
(Ordinance 2019-07, sec. 2, adopted 5/14/19)
(a)
The board is charged with the duty and invested with the authority to:
(1)
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the state and the city;
(2)
Hear and decide appeals of orders, decisions or determinations made by the building official or fire marshal relative to the application and interpretation of the technical provisions of the building, fire and technical codes adopted by the city as provided in chapter 3, article 3.03 and chapter 5, article 5.05 of this code.
(b)
The board shall have no authority relative to interpretation of the administrative provisions of the codes listed in subsection (a)(2) of this section or the ordinance referenced in subsection (a)(3) of this section nor may the board waive requirements of any of the codes listed in subsection (a)(2) or the ordinance referenced in subsection (a)(2) of this section.
(Ordinance 2019-07, sec. 2, adopted 5/14/19)
A quorum for the conduct of business shall consist of four members of the board. Each member is entitled to one vote, and action of the board shall require a majority of those members present. The members of the board shall regularly attend meetings of the board and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. The members shall comply with all time limits and public notice requirements, and all meetings of the board shall be held in compliance with the Texas Open Meetings Act.”
(Ordinance 2019-07, sec. 2, adopted 5/14/19)