The purpose of the board of building appeals is to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Swimming Pool Code and Uniform Code of Abatement of Dangerous Buildings ("Uniform Codes"). References to the Uniform Codes in this chapter shall mean the latest versions of the Uniform Codes which have been adopted by the city council.
(Ord. 621 § 1, 1998)
There shall be and there hereby is created a board of building appeals. The board shall consist of three members who are qualified electors of the city and who are qualified to pass on matters pertaining to building construction, substandard buildings, housing conditions, dangerous buildings and matters related thereto.
(Ord. 621 § 1, 1998)
The members of the board shall be appointed by majority vote of the city council as needed and shall hold office at the pleasure of the city council. The city clerk shall maintain a list of qualified candidates for the appointment at all times. The city's duly appointed building official shall be an ex officio member and shall act as secretary to the board but shall not have a vote on any matter before the board.
(Ord. 621 § 1, 1998; Ord. 643 § 1, 2001)
In the event of a duly filed application for an appeal or modification as authorized by this chapter, the city council shall appoint and convene the board for the purposes of deciding the request set forth in the application. Except as otherwise provided herein, members shall serve from the date of appointment until a final determination is made regarding the request.
(Ord. 621 § 1, 1998; Ord. 643 § 2, 2001)
The board shall adopt rules and regulations for conducting its investigations and shall meet as necessary to hear and consider the application. Meetings shall be noticed and posted in accordance with the Ralph M. Brown Act. Meetings for which an agenda is posted at least 72 hours in advance of the meeting shall be considered regular meetings of the board for purposes of the Act. Two of the members shall constitute a quorum, and a quorum may conduct the business of the board.
(Ord. 621 § 1, 1998; Ord. 643 § 3, 2001)
The board of building appeals shall have the following powers and duties:
A. 
To carry out the duties and perform the functions provided for the board of appeals in the Uniform Codes.
B. 
To make slight modifications in individual cases in the application of the building provisions of this code, or any of the codes mentioned herein, provided that in each such modification the board first has found that:
1. 
A special individual reason makes the strict letter of the code or regulations adopted pursuant to this code impractical; and
2. 
The modification authorized is in conformity with the spirit and purpose of the regulations involved, the provisions of this code do not definitively cover the point raised, or that a manifest injustice might be done or unnecessary hardship or inconvenience be suffered by a strict adherence to the provision of this code.
C. 
To authorize the substitution of materials or methods of construction or installation if such substitution is provided for in any new standard code being considered for adoption by the city, or where such method of construction or installation has received the approval of a recognized research laboratory; provided, however, no such change, deviation, substitution, or modification shall be approved or authorized by the board unless it finds and determines that the public peace, health, safety and welfare will not be endangered thereby and that the building or use, by reason of such change, deviation, substitution, modification or authorization will comply with the minimum standards necessary for the public peace, health, safety and welfare, considering the type of use and structure involved.
D. 
The board shall have no authority relative to interpretation of the administrative provisions of the Uniform Codes nor shall it be empowered to waive the requirements thereof.
(Ord. 621 § 1, 1998)
Applications for appeals, modifications, changes, deviations, or alternate means of construction or materials shall be in writing and in a form approved by the building official and shall specify in detail the change desired, shall be signed by the property owner or his agent, and shall be filed with the building official.
(Ord. 621 § 1, 1998)
Written notice shall be given to the applicant, at the address set forth on the application, at least ten days in advance of the meeting when the matter will be considered by the board of building appeals. The applicant may be present and offer testimony. No public hearing shall be required, but the board, if it deems necessary, may set the matter for public hearing at such time and upon such notice as the board deems advisable.
(Ord. 621 § 1, 1998)
Decisions of the board of building appeals shall be by an affirmative vote of not less than two members of the board. Such decision shall be rendered in writing within ten days of the final day of the board meeting(s) where the matter is considered and the decision of the board shall be the final administrative action of the city.
(Ord. 621 § 1, 1998)