The Accessibility 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 disabled persons, including the exceptions contained in Section 19957.
(Prior code § 13-210; Ord. 2025-03-04-1204, 3/4/2025)
For purposes of this article, the following words and phrases are defined:
"Board"
means the Accessibility Board of Appeals.
"Building Official"
means the Director of Community Development, or the Deputy Director in charge of the Building and Safety Division, or a duly authorized representative.
"Member"
means a member of the Accessibility Board of Appeals.
(Prior code § 13-211; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2025-03-04-1204, 3/4/2025)
A. 
The Accessibility 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 disabled 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.
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. A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.
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 Accessibility 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 San Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County 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 from among its members. The term of office of the 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 disabled 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 determined by law or as established by resolution of the City Council from time to time.
J. 
The City shall furnish to the Board adequate secretarial, executive, and legal 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; Ord. 2025-03-04-1204, 3/4/2025)
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.
B. 
Conduct of Appeals. The Board's conduct of appeals and decisions shall be governed by the procedures prescribed for the Building Board of Appeals as set forth in Section 15.04.170.
(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.
B. 
Any person, firm, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor enforced as specified in Section 15.04.190.
(Prior code § 13-214)