Amending Section R112 (Board of Appeals) in its entirety to read as follows:
204 — BOARD OF APPEALS CREATED; MEMBERSHIP; DECISIONS CREATING THE BOARD OF APPEALS.
1. There is hereby established a Board of Appeals consisting of five (5) members, all of whom shall be duly appointed members of the City Planning Commission. The Building Official shall be an ex-officio member and shall act as Secretary to the Board of Appeals.
2. The Board of Appeals shall be authorized to construe and to interpret the provisions of the Technical Codes set forth in Title 9 of this Code, and to make determinations as to whether proposed alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of such technical codes.
3. The Board of Appeals shall adopt rules and regulations relating to the conduct of its inquiries and investigations.
4. All decisions and determinations of the Board of Appeals shall be submitted in writing to the Building Official, and a copy thereof shall be delivered to the person or persons who initiated the appeal or the request for interpretation.
5. Any decision of the Board of Appeals to approve or deny an appeal may be appealed by the aggrieved party to the City Council by filing a request therefor with the City Clerk, not later than ten days after such decision is rendered by the Board of Appeals. Upon receipt of such a request, the City Clerk shall set a date for hearing by the City Council, not later than sixty (60) days thereafter, and shall notify the appellant of such hearing date. Following said hearing by the City Council, the findings and decisions of the City Council shall be adopted by resolution. The determination of the City Council shall be final and conclusive.
R112.2 ESTABLISHED
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
R112.3 MEMBERSHIP
The Board of Appeals shall consist of five (5) members appointed by the City Council. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City.
R112.4 TERM – APPOINTMENT OF SUCCESSOR
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
R112.5 DISQUALIFYING ACTIVITY
A member shall not hear an appeal in which that member has a personal, professional or financial interest.
R112.6 REMUNERATION
Each appointee will receive the sum of Seventy-Five ($75.00) per meeting attended by the appointee.
R112.7 ELECTION OF CHAIRMAN OF THE BOARD OF APPEALS
The Board shall annually select one of its members to serve as chairperson.
R112.8 REMOVAL FROM OFFICE
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure.
R112.9 ORGANIZATION – MEETINGS – RULES
The Board of Appeals shall consist of five individuals, one from each of the following professions or disciplines.
1. Registered design professional who is a registered architect.
2. Registered design professional with structural engineering experience.
3. State licensed contractor with at least 10 years' experience.
4. Local resident or businessman with experience in construction.
5. Local advocate for accessibility and ADA requirements or local resident.
6. The City Building Official shall serve as Secretary of the Board.
There are six (6) meetings held annually.
The Board is authorized to establish policies and procedures necessary to carry out its duties. Building related matters shall be as defined in the California Code of Regulations, Title
24, Part 2, 2007 California Building Code, Volume 1; but shall specifically exclude any issues related to the general plan or zoning ordinance; and,
Pursuant to Health and Safety Code Section
18945(a) any person adversely affected by any regulation, rules, omission, interpretation, decision or practice of any state agency, respecting the administration of any building standard may appeal the issue for resolution to the Board; and, Pursuant to Health and Safety Code Section
18945(b) any local agency having authority to enforce a state building standards and any person adversely affected by any regulations, rule, omission, interpretation, decision or practice of such agency respecting such buildings standard wish to appeal the issue for resolution to the Board, then both parties may appeal to the commission. The Board may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance; and,
Any and all action subject to the Boards purview shall be appealable to the City Council within ten business day after the date of execution of final decision from the Board; and, California Building Code provides that the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
The Board shall have the authority to review code enforcement appeals and to waive or reduce rates, fees and charges related to building restoration fees for garage conversions and other related assessments, fees and/or charges arising from matters which are addressed by South Gate Municipal Code Title 9.