(a) A common appellate procedure and Board of Appeals to hear all appeals
arising under codes adopted herein, except with respect to the National
Electric Code, is contained within this section.
(b) In order to determine the suitability of alternate materials and
methods of construction and to provide reasonable interpretations
of this code, there shall be and is hereby created a Board of Appeals
consisting of five members who are qualified by experience and training
to pass upon matters pertaining to building construction and who are
not employees of the jurisdiction. The Chief Building Official shall
be an ex officio member of and shall act as secretary to said Board.
The Board of Appeals shall be appointed by the Board of County Commissioners
and shall hold office at its pleasure. The Board shall adopt rules
and procedures for conducting business and shall render all decisions
and findings in writing to the appellant with a duplicate copy to
the Chief Building Official.
(c) The Board of Appeals shall have jurisdiction to decide any appeals
from the Chief Building Official if the decision of the Chief Building
Official concerns suitability of alternate materials, methods of construction
or a reasonable interpretation of the code. The Board of Appeals shall
not hear appeals of life safety items, administrative provisions of
the codes nor shall the Board of Appeals be empowered to waive requirements
of the codes. The first order of business at any hearing of the Board
of Appeals shall be to determine if it has jurisdiction to hear the
appeal.
(d) Any appeal to the Board of Appeals shall be preceded by a written
appeal to the Chief Building Official, who shall reply in writing.
The decision of the Chief Building Official may be appealed to the
Board of Appeals, within 10 days from the date of the decision of
the Chief Building Official. A notice of appeal together with a copy
of the original written appeal and a copy of the Chief Building Official’s
decision shall be filed with the Board of Appeals at the time the
appeal is requested.
(e) The Board of Appeals shall meet within 30 days of the written appeal,
hear evidence and argument if it deems appropriate, and shall render
all decisions and findings in writing to the Chief Building Official
with a duplicate copy to the appellant.
(Ord. 4013, 1-3-07; Ord. 3318, 12-6-00. Code 1994 § 8-26; Code 1965 § 7-82)
The Director of Public Works and Utilities as Chief Building
Official of the City by and through a contractual arrangement with
the Mesa County Building Department shall administer and enforce such
codes as are adopted and provided for in this title and as otherwise
provided by law. Fees and costs other than for or resulting from a
violation, penalty or enforcement action shall be set by separate
resolution adopted by the City Council, which fees and charges may
be amended from time to time by resolution.
(Ord. 3318, 12-6-00. Code 1994 § 8-27; Code 1965 §§ 7-30, 7-84)
Any and all resolutions and/or ordinances or parts thereof in
conflict herewith to the extent of such conflicts or inconsistencies
are hereby amended; provided, however, this chapter shall not affect
the construction of buildings for which permits were issued prior
to the effective date of the ordinance codified in this section and
all buildings now under construction pursuant to existing permits
shall be constructed in conformance with the building codes applicable
at the time of issuance of said permit; provided further, however,
that no construction authorized by an existing permit shall be altered
without complying with the newly adopted building codes. Nor shall
the adoption of this code prevent the prosecution of violations of
any prior resolution or ordinance adopting prior building codes, which
occurred prior to the effective date of this title. Where this title
and the codes adopted herein by reference are in conflict with other
resolutions or ordinances of the City, the more restrictive provision
shall apply.
(Ord. 3318, 12-6-00. Code 1994 § 8-28; Code 1965 § 7-86(b))
The City, its officials, employees and agents thereof shall
not be deemed to have assumed a duty of care where none otherwise
existed by the performance of a service or an act of assistance for
the benefit of any person under this title. The adoption of these
codes shall not give rise to a duty of care. The enforcement or failure
to enforce this chapter or the mere fact that an inspection was conducted
in the course of enforcing this chapter shall not give rise to a duty
of care where none otherwise existed. Enactment of this title shall
not constitute a waiver of sovereign immunity by the City, its officials,
employees and agents.
(Ord. 4013, 1-3-07; Ord. 3318, 12-6-00. Code 1994 § 8-29; Code 1965 § 7-86(d))
The penalties imposed for violation of the codes and of the
statutory sections authorizing their adoption are as follows:
Any person, firm or corporation violating this chapter or any provision of any adopted code herein is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or imprisonment or both pursuant to the limits established in GJMC §
1.04.090. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, remodeled, used or maintained in violation of this part or of any provision of this chapter, the City Attorney may institute an appropriate action injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. The City Attorney may use or enforce any remedies provided by law or in equity. Jurisdiction for any action brought under this title shall be in the Municipal Court of the City and such action shall be heard and decided in accordance with the rules of that Court.
(Ord. 4424 § 3, 5-5-10; Ord. 3318, 12-6-00. Code 1994 § 8-30)
All other resolutions or ordinances in conflict herewith are
hereby repealed except as otherwise provided herein.
(Ord. 3318, 12-6-00. Code 1994 § 8-31)
If any part, section, subsection, sentence, clause or phrase
of this chapter or of the codes adopted herein is for any reason held
to be invalid, such decisions shall not affect the validity of remaining
sections of this chapter or of the codes adopted herein, the City
Council hereby declares that it would have passed the ordinance and
adopted said codes in each part, section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Should any portion of this title or codes adopted herein be declared
invalid, then to the extent of such invalidity the prior code shall
not be found, deemed or determined to be repealed so as to continue
the provisions of the code in effect for any portions of this title
and codes adopted thereby which may be declared invalid or unenforceable.
(Ord. 3318, 12-6-00. Code 1994 § 8-32)