The building board of appeals and condemnation ("building board") is hereby established for the city of Palm Desert ("city"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control.
(Ord. 1390 § 3, 2023; Ord. No. 1419, 10/24/2024)
The purpose of the building board of appeals is to conduct hearings that allow appellants to present evidence to reverse or amend a city official's administrative decision regarding any matter covered by Title 15 of this code. The right to appeal applies when the objection involves the exercise of administrative discretion or personal judgment by the city official pursuant to any provisions of Title 15 of this code. This board will hear appeals related to the application of building standards, except where the city official's decision is ministerial and involves the strict application of objective requirements and standards of this code and the California Building Code. The building board may also ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code.
(Ord. 1390 § 3, 2023; Ord. No. 1419, 10/24/2024)
The building board shall be comprised of five community members. Members shall possess a thorough understanding of the California Building Code and related city regulations and ordinances.
(Ord. 1390 § 3, 2023; Ord. No. 1419, 10/24/2024)
A. 
The building board meetings will be scheduled as needed when letters of appeal from building officer decisions are received.
B. 
The building board secretary shall collect letters of appeal and prepare an agenda for each meeting which shall be furnished to members prior to the meeting.
C. 
Requests for hearings must be scheduled at least ten days prior to such hearing.
D. 
If a party of any appeal intends to submit evidence, or legal argument, outside of the expertise of the building board, said party shall so inform the building board secretary in writing at the time the appeal is filed. Failure to provide such information shall be cause to prohibit the presentation of such evidence or argument.
E. 
The building board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified.
(Ord. 1390 § 3, 2023; Ord. No. 1419, 10/24/2024)
A. 
In rendering its decision, the building board has no authority to waive requirements of any code (California Building Code Section 113.2). The building board shall either approve, approve with modifications or deny the appeal, and shall specify any conditions or limitations imposed.
B. 
The decision of the building board shall be final. The written decision shall be sent to the appellant and shall provide that the appellant may file an appeal with the California Building Standards Commission pursuant to California Administrative Code Section 1-303(a).
(Ord. No. 1419, 10/24/2024)