The Handicapped Access Board of Appeals is hereby created pursuant
to Health and Safety Code Section 19957.5 to hear written appeals
brought by any person regarding action taken by the Building Division
of the Community Development Department of the City in enforcing the
requirements of Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code requiring access to public accommodations
by physically handicapped persons, including the exceptions contained
in Section 19957.
(Prior code § 13-210)
For purposes of this article, the following words and phrases
are defined:
means the Handicapped Access Board of Appeals.
means the Director of Community Development, or the Deputy
Director in charge of the Building and Safety Division, or a duly
authorized representative.
means a member of the Handicapped Access Board of Appeals.
(Prior code § 13-211; Ord. 001-11 C.S. § 2, eff. 2-24-11)
A.
The
Handicapped Access Board of Appeals shall be comprised of five members
appointed by the Mayor with the advice and consent of the City Council.
The Deputy Director of Community Development/ Building Division shall
serve as ex officio secretary to the Board.
1.
Two
members shall be handicapped persons suffering from an orthopedic
or physical disability which impairs their personal mobility to such
an extent that they require special facilities for access to public
accommodations.
2.
Two
members shall be members of the Building Board of Appeals experienced
in construction, i.e., those members appointed pursuant to Section
15.04.160(A)(1), (2), (3), (4) or (5).
3.
One
member shall be a public member selected from the community at large.
B.
The
term of office for each member shall be four years. Vacancies occurring
during a term shall be filled for the unexpired period of the term
by the appointing authority. Terms shall be staggered to provide continuity.
Members shall serve at the pleasure of the City Council and
may be removed from office without cause upon an affirmative vote
of the City Council.
In the event membership on the Building Board of Appeals of
a member appointed under subsection (A)(2) of this section terminates
for any reason, membership on the Handicapped Access Board of Appeals
shall automatically terminate and another member of the Building Board
of Appeals shall immediately be appointed to fill such unexpired term.
C.
Board
members shall be residents of the City at the time of application
for appointment and continuously thereafter. Failure to reside within
the City shall result in automatic forfeiture of the appointment.
Written notice of any change of residence shall immediately be filed
with the City Clerk. Any unexpired term shall be filled as provided
herein.
D.
A member
shall be neither an elected officer nor an employee of the City, but
shall not be disqualified by membership on or employment by any other
board, commission, agency or authority of or created by or for the
City.
E.
No
member shall knowingly acquire any interest in any property which
is the subject of any action or appeal before the Board. A member
having any interest in such property shall make immediate disclosure
of the fact of an interest to the Board, and shall be disqualified
from all deliberations by the Board relating to that property.
F.
The
Board shall elect a chairperson and vice chairperson from among its
members. The term of office of the chairperson and vice chairperson
shall be for the calendar year or its balance should they be elected
to fill a vacancy. The time, place and frequency of its meetings shall
be fixed by the Board.
G.
Three
members of the Board including at least one handicapped member shall
constitute a quorum at any regular or special meeting of the Board.
H.
The
minimum number of concurring votes required to transact business or
decide any matter before the Board shall be a majority of the total
authorized membership of the Board. The petition, appeal, request
or other matter shall be deemed denied absent the required number
of votes.
I.
Compensation
of the members shall be established by resolution of the City Council.
J.
The
City shall furnish to the Board adequate secretarial and executive
assistance and meeting space and, upon the Board's request, make available
services and advice of various administrative departments.
(Prior code § 13-212; Ord. 026-07 C.S. § 2)
A.
The
Board's functions are:
1.
To
hear and decide appeals of administrative decisions, including, but
not limited to, denials of requests to use alternative methods of
providing access to public accommodations by physically handicapped
persons as required by the California Health and Safety Code, Part
5.5 (Section 19955, et seq.).
2.
The
Board may approve, disapprove or modify Building Division interpretations
of Part 5.5 of Division 13 of the Health and Safety Code (Section
19955 et seq.) including the exceptions contained in Section 19957,
and enforce actions taken by the Building Division.
(Prior code § 13-213; Ord. 026-07 C.S. § 2)
A.
It
is unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, improve, convert, equip, use, occupy or maintain
any building or structure in the City or cause or permit the same
to be done, contrary to or in violation of any of the adopted administrative
provisions and State and local requirements, as modified by the Board,
concerning access to public accommodation by physically handicapped
persons.
(Prior code § 13-214)
