The Building Appeals Board is established to review and adjudicate appeals of orders, decisions, and determinations made by City staff regarding the application and interpretation of the California Building Code and other regulations and uniform codes governing construction, use, maintenance, and change of occupancy, as specified in Section 1.8.8 of the California Building Code and as adopted by the City in this title, Buildings and Construction.
(Ord. 2170 § 1 (Exh. A), 2025)
As used in this chapter:
A. 
"Board"
means the Building Appeals Board.
B. 
"Building official"
means the Chief Building Official or their designee.
C. 
"Member"
means a member of the Building Appeals Board.
D. 
"The code"
means the California Building Code, LMC Title 15, and other applicable construction regulations.
E. 
"Appeal"
means a formal request to review a decision made by the building official or City staff.
F. 
"Appellant"
means a person or entity filing an appeal under this chapter.
G. 
"Decision"
means any determination, ruling, or interpretation made by City staff subject to appeal under this chapter.
(Ord. 2170 § 1 (Exh. A), 2025)
A. 
Appointment and Removal. The Board shall be appointed by the City Council and serve at its pleasure. Board members shall be appointed from a list of interested and qualified candidates maintained by the City Clerk. Board members may be removed by a vote of the majority of the City Council with or without cause.
B. 
Composition. The Board shall consist of three members who are not employees of the City.
C. 
Qualifications. Members shall be knowledgeable about applicable building codes, regulations, and ordinances. They shall have experience and training in building construction, such as licensed contractors, engineers, and architects. A member need not be a resident of the city. A member may not have any interest in property which is the subject of the appeal to the Board.
D. 
Term. Board members shall serve staggered terms of four years, with vacancies filled by the City Council for the remainder of the unexpired term.
E. 
Meetings. The Board of Appeals shall have no regular meetings, and all meetings shall be special meetings noticed pursuant to Government Code Section 54956. The board shall be considered a "standing committee" with a continuing subject matter jurisdiction. The Board shall meet when an appeal is filed pursuant to this chapter.
(Ord. 2170 § 1 (Exh. A), 2025)
A. 
An application for appeal must be based on a claim that:
1. 
The true intent of the applicable code or related regulations has been incorrectly interpreted.
2. 
The provisions of the applicable code do not fully apply.
3. 
An equally good or better form of construction is proposed.
B. 
Appeals must relate to orders, decisions, or determinations governed by this title.
(Ord. 2170 § 1 (Exh. A), 2025)
A. 
All appeals shall be submitted in writing to the Building Official within 10 calendar days of the appellant's receipt of written notice of the decision being appealed.
B. 
Failure to file a timely and complete request for an appeal shall constitute a waiver of all rights to an appeal.
C. 
An appeal must contain the information in LMC § 8.15.090(B).
D. 
Upon receiving a written appeal, the Building Official shall within 10 days set a hearing date, time, and location for within 60 days from the date of the City's receipt of the appeal. Written notice of the hearing shall be served to the appellant at least 10 days prior to the hearing via personal service or certified mail.
E. 
If the filing deadline falls on a weekend or holiday, the deadline shall be extended to the next business day.
F. 
Except for orders issued by the Building Official because of conditions that represent an imminent threat to life or safety of the public or adjacent properties, enforcement of the notice and order of the Building Official shall be stayed during the pendency of an appeal of that order properly and timely filed.
(Ord. 2170 § 1 (Exh. A), 2025)
A. 
Hearing Procedures. Hearings shall follow the procedures established in Chapter 8.15 LMC. The Board shall comply with Chapter 8.15 LMC as if it were the "hearing officer" but only to the extent Chapter 8.15 LMC is consistent with the California Building Code or other applicable law governing administrative appeals of violations of the building code.
B. 
Secretary. The Chief Building Official or their designee shall serve as the ex officio Secretary of the Board but shall not vote.
C. 
Decision. The Board shall issue a written decision, including findings of fact and reasons for the decision, within 15 days after the hearing's conclusion. Copies of the decision shall be provided to the appellant and the building official. The Board's decisions are binding.
(Ord. 2170 § 1 (Exh. A), 2025)
A. 
The Board shall hear and decide appeals of orders, decisions, and determinations made by City staff regarding the application and interpretation of the California Building Code and other regulations under this title.
B. 
The Board shall have no authority to waive requirements of any code (California Building Code Section 113.2).
C. 
The Board's written decisions shall include findings of fact and the rationale for the decision. Decisions shall approve, approve with modifications, or deny appeals, specifying any conditions or limitations imposed.
D. 
Within 15 days of the decision, the Secretary shall provide copies of the decision to the appellant and maintain a permanent record in the Board's files.
E. 
Decisions of the Board are final and conclusive for the City.
(Ord. 2170 § 1 (Exh. A), 2025)