(a) 
This division creates the construction board of appeals (“board”) appointed by the city council. The commission shall consist of five (5) members and two (2) alternates who shall reside either in the incorporated city limits or its extraterritorial jurisdiction.
(b) 
The members of the board shall serve two-year staggered terms, with four (4) members being appointed in April of even-numbered years and three (3) members being appointed in April of odd-numbered years.
(c) 
The initial board shall consist of three (3) regular members appointed to two-year terms and two (2) regular members appointed to a one-year term; and one alternate member appointed to a two-year term and an alternate member appointed to a one-year term. After the initial one-year terms have expired, all members, both regular and alternate, shall be appointed to two-year terms.
(d) 
Should an alternate member be appointed to serve as a board member, such appointment shall be for two (2) full two-year terms regardless of time served as an alternate member.
(e) 
When there will be an absence of one or more members at a scheduled board meeting, alternate members may serve when requested to do so by the city manager or his/her designee.
(f) 
Unless otherwise required by state law, all members serve at the pleasure of the city council and may be removed at any time with or without cause.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 4, adopted 10/11/16)
(a) 
Unless otherwise determined by city council, at least five (5) members of the entire board membership shall reside within the corporate limits of the city and no more than two (2) members of the entire board membership shall be residents of the city’s extraterritorial jurisdiction.
(b) 
It is preferred that at least three (3) members have a background in at least one of the following professions or disciplines:
(1) 
Registered design professional who is a registered architect or engineer; or a builder or superintendent of building construction with years of experience in a responsible charge of work.
(2) 
Registered design professional with structural engineering or architectural experience.
(3) 
Registered design professional with mechanical and plumbing engineering experience; or a mechanical contractor with years of experience in a responsible charge of work.
(4) 
Registered design professional with electrical engineering experience; or an electrical contractor with years of experience in a responsible charge of work.
(5) 
Registered design professional with fire protection engineering experience; or a fire protection contactor with years of experience in a responsible charge of work.
At the discretion of the city council, council members may elect to choose more than one board member from the same profession or discipline.
(c) 
If a city resident member of the board ceases to reside in the city and his or her relocation reduces the number of city resident board members below five (5), that person shall give such notice of such fact and may be deemed to have resigned from the board as of the date his or her residence changed, and the city council shall appoint a resident board member to fill the remainder of the resigning member’s term. The temporary lack of five (5) resident members created by the vacancy shall not impair the ability of the board to perform its duties nor the actions taken by the board. If a resident board member moves to the city’s extraterritorial jurisdiction and the relocation leaves at least five (5) resident members on the board, the relocated member shall continue to hold his or her place on the board.
(d) 
The city council may take into consideration an applicant’s history on delinquency in payment of any city taxes, utility bills, citations, municipal court judgments and assessments and so forth in qualifying the applicant.
(e) 
Notwithstanding any city ad hoc committees or except where duplicate appointments are authorized by ordinance, city charter or by state law, a person may not serve as a member of the board if he or she is also serving on the city economic development corporation board of directors, or local government corporation.
(Ordinance 2013-21, sec. 1, adopted 8/20/13)
(a) 
The board shall have a chairperson and a vice-chairperson elected from its membership to serve for a one (1) year term. Officers shall be elected annually by the commission. If the board wishes to appoint an officer residing outside of the city limits, then the board must request city council approve such appointment.
(b) 
The chairperson shall preside over the board and shall have the right to vote on all items before the board. The vice-chairperson shall fulfill the duties of the chairperson when the chairperson is not available for any reason.
(c) 
The city manager or his or her designee shall be an ex officio member of the board.
(d) 
The board may establish rules or bylaws as necessary for the orderly conduct of its business, subject to approval by the city council.
(e) 
The board shall meet upon the call of the presiding officer and at other times as determined by the board rules. The presiding officer or acting presiding officer may administer oaths and compel attendance of witnesses. All meetings of the board shall comply with the Texas Open Meetings Act.
(f) 
A quorum of the board shall be required to open meetings, conduct business and take action on any agenda items. A quorum shall consist of a majority of the members of the board except that when a vacancy exists, a quorum shall consist of a majority of the remaining members.
(g) 
The board shall keep minutes of its proceedings and indicate the vote of each member on each question or the fact that a member is absent or abstains. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed with the city secretary and its records are public records.
(h) 
A board member shall be required to complete any state-mandated training, to include but not limited to Open Meetings Act training, within ninety (90) days after appointment. Any training expenses incurred by the member may be eligible for reimbursement by the city subject to the city’s travel and training policy.
(i) 
A board member having any potential conflict of interest on any policy, decision, or determination before the commission shall disclose to each of the other members the nature of his potential conflict and shall abstain from voting on such policy, decision or determination. In the event that the commission member recognizes a conflict or clear potential for conflict of interest, he or she shall recuse him or herself from discussion and action on the topic involving such conflict. The disclosure shall be recorded in the commission’s minutes. Intentional or knowing failure to disclose a conflict of interest shall be governed under the general penalty section as set forth in this code.
(j) 
When there will be an absence of one or more members at a scheduled board meeting, alternate members may serve when requested to do so by the mayor, city manager or his or her designee, or presiding officer or acting presiding officer.
(Ordinance 2013-21, sec. 1, adopted 8/20/13)
The board shall have the following purposes and duties:
(1) 
To hear and decide appeals of orders, decisions or determinations made by the building or code official relative to the application and interpretation of chapter 6 of this code as adopted and amended from time to time by the city council; and
(2) 
To decide such other matters as may be assigned by the city council from time to time.
(Ordinance 2013-21, sec. 1, adopted 8/20/13)
(a) 
Applicability.
The owner of property within the city limits may seek relief from the regulations found in chapter 6 of this code by requesting an appeal from the construction board of appeals.
(b) 
Process.
(1) 
The owner of the affected property or its authorized agent may seek an appeal by applying to the city manager or his or her designee on such forms and with such supporting documents as may be required by the city. An applicant for relief may appeal the decision of the city manager or city staff to the construction board of appeals within ten (10) days of the written decision of the city manager or city staff.
(2) 
The construction board of appeals shall set a hearing on the appeal of the staff decision, give public notice in an official newspaper or a newspaper of general circulation in the municipality containing the time and place of the hearing and a general description of the item to be considered or reviewed as well as written notice to the applicant seeking relief, and decide the same within forty-five (45) days of the making of the appeal. Any party may appear at the hearing in person or by agent. The applicant bears the burden of proof in establishing that relief is justified.
(3) 
Public notice. Before the 15th day before the date of the hearing before the construction board of appeals, the city manager or his/her designee shall cause to be published public notice in an official newspaper or a newspaper of general circulation in the municipality. The notice shall contain notice of the time and place of the hearing and a description of the item to be considered or reviewed.
(c) 
Approval criteria.
In considering whether to grant relief from the regulations found in chapter 6 of this code, the construction board of appeals shall consider the following criteria:
(1) 
An application for appeal shall be based on a claim that the true intent of the codes as adopted in chapter 6 of this code or the rules or any amendments legally adopted thereunder have been incorrectly interpreted, do not fully apply to the development in question or an equally good or better form of construction or means are proposed to satisfy the requirements of the codes.
The construction board of appeals shall have no authority to waive requirements of the codes as adopted in chapter 6 of this code.
(d) 
Responsibility for final action.
The ruling of the construction board of appeals is final, unless the applicant timely appeals the ruling to the city council for review and final action.
(e) 
Appeals from the construction board of appeals.
The applicant or the city may appeal a decision of the construction board of appeals to the city council for “de novo” reconsideration and final determination. An appeal from a decision of the construction board of appeals shall be submitted in writing, on a form prescribed by the city, to the city secretary within ten (10) days of the meeting date of the decision by the construction board of appeals.
(Ordinance 2013-21, sec. 1, adopted 8/20/13)