A. 
An appeals board which may be known and referred to as the "board of appeals" of the city is created and established.
B. 
The board of appeals shall be composed of the mayor and members of the city council of the city. Said members shall hold their respective memberships on the board of appeals by reason of, and concurrently with, the terms of service in their respective city offices above referred to, and shall cease to be members upon their ceasing to be such officers. The city manager shall be the secretary to the board.
C. 
Except as otherwise provided in this chapter or by law, the board shall have the power to and shall provide for its own organization; shall adopt rules and regulations for the transaction of business before it; and shall keep proper records of its official acts and proceedings. All of its decisions in cases brought before it shall be rendered after public hearing and based upon adequate findings. The board's decisions shall be rendered in writing and submitted to the building department.
D. 
Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board; and in the mayor's absence, the mayor pro tem shall serve as presiding officer.
(Prior code § 5-60; Amended during 6/30/96 supplement)
It is recognized that, due to local conditions, hardship cases may arise where property owners are unable to strictly comply with the rules and regulations promulgated by the fire chief relating to fire protection. The board of appeals is therefore created to authorize deviations, based on circumstances unique to Lawndale and where no safety concern is compromised, from the rules and regulations promulgated by the fire chief under the Los Angeles County Fire Code as adopted by the city of Lawndale pursuant to Chapter 15.20 of this code.
(Prior code § 5-61; Ord. 913-02 § 9)
In any case where the board of appeals has the authority to authorize deviations pursuant to Section 2.48.020, any person denied a certificate of occupancy or a building permit may appeal such denial or any conditions thereof to the board of appeals.
(Prior code § 5-62; Ord. 913-02 § 10)
A. 
Within ten days after receipt of an application for hearing before the board of appeals, the secretary of the board shall set the matter for hearing before the board at the board's next regularly scheduled meeting for which proper notice can be given.
B. 
Notice of the time and place of the public hearing shall include a general description of the matter to be considered and location of the project, and shall be given at least ten days prior to the hearing in the following manner:
1. 
By posting the notice in at least three public places in the city, including at least one notice in the affected area;
2. 
By mail or delivery of the notice to the project proponent and to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment role as owning real property within five hundred feet of the subject property; and
3. 
By giving such other additional notice as deemed appropriate by the board.
(Prior code § 5-63)
A. 
At the conclusion of the public hearing, the board shall consider all relevant evidence and may authorize deviations where all of the following findings are made:
1. 
The granting of a deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions;
2. 
There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which should not apply generally to other property;
3. 
A hardship would result to the applicant from not granting the deviation, and the deviation will permit the use of the property to the same level as other property and shall not constitute a special privilege to the applicant not enjoyed by the owners of other property; and
4. 
The granting of the deviation will not be materially detrimental to the public welfare or injurious to property and improvements in the vicinity of the property.
B. 
The decision of the board of appeals shall be final. The board of appeals may, from time to time, continue the item on the agenda, but shall render a decision within forty days of the date the matter is finally submitted to it.
(Prior code § 5-64)
The provisions of Section 1094.6 of the Code of Civil Procedures are declared to be applicable to any decision of the city including the city council and any commission, board, officer or agent thereof.
(Ord. 613-89 § 1)