(a) 
Definitions.
Building code.
The International Building Code, as adopted by the city.
Building official.
The duly appointed official designated by the city as the building official, or his duly authorized representative.
Board or board of adjustment.
The International Building Code Board of Adjustment.
(b) 
Creation.
There is created and established in and for the city, an International Building Code board of adjustment, referred to herein as a board of adjustment or a board, to hear and determine cases and appeals concerning alleged violations of ordinances, as authorized by the Texas Local Government Code and the city’s Code of Ordinances, including but not limited to laws and ordinances dealing with unsafe buildings, building construction codes, fire code, junk vehicles, weeds and objectionable or unsightly vegetation and other nuisances.
(c) 
Authority.
The board of adjustment shall have all authority to hear original cases, appeals from decisions of the building official, and make decisions as allowed and provided for in applicable ordinances.
(Ordinance 2006-006, art. II, adopted 2/22/06)
(a) 
Number.
The board of adjustment shall consist of three to five members that are recommended by the mayor and approved by the city council, to serve two-year terms or until their successors have been duly appointed and qualified. Members must live in the city limits or in the city’s extraterritorial jurisdiction. A minimum of two members should be experienced in at least one of the following areas: architecture, building construction, electrical contracting, engineering, fire protection, mechanical contracting, real estate profession, and/or plumbing contracting. In the absence of qualified candidates from any of these specified categories, the city council may waive these requirements to fill a vacant post.
(b) 
Alternates.
The city council is authorized to appoint one or more alternate members of the board, who shall serve in the absence of one or more regular members when requested to do so by the mayor. Alternate member(s) serve for the same period and are subject to removal in the same manner as regular members. A vacancy is filled in the same manner as a vacancy among regular members.
(c) 
Removal.
A board member or alternate may be removed by the city council, for cause, on a written charge. Before any decision regarding removal is made, the city council shall hold a public hearing on the matter, if so requested by the member or alternate that is subject to the removal action.
(d) 
Vacancies.
In the event any member is unable to act, resigns from his or her position, or is removed for any cause, then the appointment of a successor to fill the unexpired term of that board member shall be made on the recommendation of the mayor and approval of the city council.
(e) 
Compensation and expenses.
Members of the board of adjustment serve without compensation. The board shall have no authority to expend funds or make an obligation on behalf of the city or the city council. Members may be reimbursed for authorized expenditures upon advance approval by the city council.
(f) 
Compliance with council policies.
Members shall comply with all policies regarding responsibilities of members as adopted from time to time by the city council.
(Ordinance 2006-006, art. III, adopted 2/22/06)
(a) 
Titles and election.
The board shall have a chair, vice-chair and secretary. The chair is appointed as chair by the city council. All other officers shall be elected by a majority vote of the board at its first meeting after the appointment process for that term.
(b) 
Terms and vacancies.
Officers serve for a term of one year. Vacancies in office shall be handled as follows: in the event of vacancy by the chair, the vice-chair shall serve as the chair until a replacement is properly appointed. Vacancies in offices other than the chair shall be filled by election held at the next regularly scheduled meeting or as soon as practicable for the unexpired term. In the event an office is not filled immediately upon the expiration of the prior term, that officer serves in a holdover capacity until the office is filled.
(c) 
Duties.
The chair presides at all meetings and performs all other duties pertaining to the office, including voting. The vice-chair, in the absence of the chair, performs all duties of the chair. The secretary keeps records of proceedings of all meetings. The city secretary shall keep custody of all records and documents of the board.
(Ordinance 2006-006, art. IV, adopted 2/22/06)
(a) 
Regular meetings.
Regular meetings of the board shall be held at the city hall, unless another location is indicated on the agenda by the chair of the board, at 6:00 p.m. on the first Thursday of every month. In the event no business is scheduled for a regular meeting time, the chair may give notice that no meeting will be held and the city secretary shall post such notice of no meeting in accordance with the normal city requirements for posting.
(b) 
Special meetings.
Special meetings may be called by the chair, the building official, or two members of the board.
(c) 
Quorum.
A quorum shall consist of two-thirds of the board members, and shall be required for the board to convene a meeting, as well as to conduct business.
(d) 
Voting.
Members shall vote on all items, except on any matter involving direct personal interests or matters which would create an appearance of impropriety. In such instances, the member potentially in conflict shall abstain from voting. Any member excused from voting for these reasons shall announce same, at the commencement of consideration of the matter, and shall refrain from any discussion or debate on such matter.
(e) 
Compliance with laws.
All board meetings and deliberations shall be open to the public and shall be conducted in accordance with the provisions of all applicable Open Meetings Acts, Public Information Acts, Conflict of Interest Acts, and any city ethics ordinances or policies.
(f) 
Conduct of meetings.
Board meetings will be further conducted in accordance with Robert’s Rules of Order. Board meetings will be called to order by the chair, or if absent, by the vice-chair. In the absence of both, the meeting shall be called to order by the secretary if a quorum is present, and a temporary chair shall be elected to preside over the meeting.
(g) 
Decisions.
Unless otherwise provided by law, every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. During the pendency of any decision by or appeal to the board, the ruling, decision or refusal of the building official shall be in full force and effect.
(Ordinance 2006-006, art. V, adopted 2/22/06)
(a) 
Agenda items.
Items may be placed on the board’s agenda by any member of the board or by the building official. The building official will be responsible for the preparation of an agenda item cover sheet and for the initial presentation at the meeting.
(b) 
Agenda deadline and packets.
Items to be included on the regular agenda must be submitted to city staff no later than 4:00 p.m. seven calendar days before the scheduled board meeting. Agenda packets for all regular meetings will be provided to all board members four days in advance of the scheduled board meeting. Packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting.
(c) 
Citizen input.
City citizens are encouraged to sign up at board meetings to speak on any item on the agenda. Sign-up sheets will be available and should be submitted to the chair prior to the start of the meeting. If any written materials are to be provided to the board, a copy shall also be provided to the city secretary for inclusion in the minutes of the meeting. Speakers are limited to three minutes. Any citizen wishing to speak on an issue that is not posted on the agenda, must file a written request with the building official or city secretary at the city hall no later than 4:00 p.m. seven calendar days before the scheduled board meeting. In order to comply with open meetings laws, the written request must state the specific topic to be addressed and include sufficient information to inform the board and public of that topic.
(d) 
Reports to council.
The city council shall, on at least a quarterly basis, hear reports from the board at regularly scheduled city council meetings. The city council may require reports from the board on a more frequent basis by vote of the council or on request of the mayor.
(Ordinance 2006-006, art. VI, adopted 2/22/06)