§ 19.01.050. Building appeals board.  


Latest version.
  • (a)

    In order to hear and decide appeals of orders, decisions, or determinations made by the chief building official related to the application and interpretation of this code, there shall be and is hereby created a board of appeals.

    (b)

    Any person adversely affected by a determination made by the chief building official enforcing any provision of this title may file an appeal pursuant to 19.01.050, except administrative procedures, fees, or any appeal of an action performed pursuant to Chapters 19.40 and 19.80 of this title shall be filed and processed as set forth in the International Property Maintenance Code, adopted by reference as part of Chapter 19.01 of this title.

    (c)

    The building appeals board as created by the California Building Code consists of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio member and shall act as secretary of the building appeals board. Building appeals board members shall be appointed by the board of supervisors and shall hold office for four-year terms. Members of the building appeals board shall be residents of the county. The building appeals board shall adopt reasonable rules and regulations for conducting its investigations. Each member shall serve at the pleasure of the board of supervisors, and such appointments may be terminated by a majority vote of the board of supervisors.

    (d)

    Such appeals shall be in writing, state the grounds for appeal, and be filed within 15 days of the act by the chief building official. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeals.

    (e)

    An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The building appeals board shall have no authority to waive requirements of this code.

    (f)

    The decision of the building appeals board shall be final and conclusive. The written decision shall be sent to the appellant and shall provide that, pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced in an appropriate court of law not later than the ninetieth day after the date that the decision becomes final.

(Ord. No. 3343, § 1, 12-6-16)