There is created an accessibility appeals board for the city. It shall consist of five members, serving without compensation and appointed in the manner and for the terms prescribed in Sections 2.04.060 and 2.06.010, respectively, of this code, except that members of the board may serve on one other citizens advisory body during their term of membership, and except that the terms of the members first appointed to the board shall be set by lot, in such manner that one term shall expire each year. Thereafter, all terms shall be for three years and shall expire three years after the effective date of the appointment; provided, however, that the term of an appointment made to fill an unexpired term shall be for the unexpired balance of such term.
(Ord. 459 § 1.2, 1995; Ord. 477 § 1.1, 1995)
Insofar as practicable, the board shall be composed with the following:
A. 
Two physically handicapped persons;
B. 
Two persons experienced in construction; and
C. 
One public member.
(Ord. 459 § 1.2, 1995)
A. 
The board shall have the general power and duty to conduct hearings on written appeals made under subdivision (a) of California Health and Safety Code Section 19957.5 and may approve or disapprove interpretations and enforcement actions taken by the building division of the community development department of the city contemplated in that section or under other state, federal or local law, rules, regulations and ordinances pertaining to building and construction, including, without limitation, the Americans With Disabilities Act.
B. 
All such approvals or disapprovals shall be final and conclusive as to the building department in the absence of fraud or prejudicial abuse of discretion.
(Ord. 459 § 1.2, 1995; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
Designation of a chairperson and vice-chairperson for the board shall be governed by Section 2.06.020 of this code. The city manager may appoint a secretary and other staff for the board and provide such reimbursement for their necessary expenses as may be authorized by the city council in the city budget and approved in advance by the city manager.
(Ord. 459 § 1.2, 1995)
The board shall hold hearings within 30 days (or as soon thereafter as is reasonably practical) of receipt by the building official of an appeal within its jurisdiction accompanied by an appeals fee in an amount sufficient to cover the reasonable estimated cost of the appeal as determined and set by resolution of the city council from time to time. A majority of the total authorized membership of the board shall constitute a quorum for the conduct of business. The board shall adopt rules for the transaction of its business. The board shall keep a public record of its actions. Promptly after approval thereof by the board, the original minutes of board meetings shall be filed with the community development department.
(Ord. 459 § 1.2, 1995; Ord. 544 § 1.9, 1998; Ord. 694 § 1.1, 2005)