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HomeMy WebLinkAbout2028 ORDINANCE NO. 2028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING A NEW PART 4 TO ARTICLE VIII CHAPTER 0, ESTABLISHING A BUILDING CODE APPEALS BOARD AND AMENDING DIVISION 6, PART 3, CHAPTER 1 OF ARTICLE III RELATING TO FIRE CODE APPEALS OF THE ARCADIA MUNICIPAL CODE AND DESIGNATING THE DEVELOPMENT SERVICES DIRECTOR AS THE "BUILDING OFFICIAL". WHEREAS, text amendment 94-008 was initiated by the City Council to establish a new appeals board relative to the administration of the Uniform Building Code (UBC) and the Uniform Fire Code (UFC) and to designate a "Building Official" as set forth in Section 201 of the UBC; and WHEREAS, on November 15, 1994, the City Council conducted a public hearing at which time all interested persons were given full opportunity to be heard and to present evidence concerning the text amendment; and WHEREAS, after considering all evidence presented, the City Council approved said text amendment; and WHEREAS, the City Council determines that the proposed text amendment is necessary to meet the requirements set forth in the Uniform Building and Fire Codes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Sections 8040.1, 8040.2, 8040.3, 8040.4 are hereby added to the Arcadia Municipal Code to read as follows: PART 4. APPEALS 8040. APPEALS. Appeals on orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Uniform Building Code shall be made in writing to the Building Official of the City of Arcadia within fifteen (15) days from the date of the decision. -1- 2028 8040.1. BOARD OF APPEALS. 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 consist of five (5) members who are qualified by experience and training to pass upon pertinent mattcr-s. The Board of Appeals shall be appointed by the City Council and shall meet when necessary to conduct business. The Building Official shall be an ex officio member and shall act as secretary to the board on building code appeals. 8040.2. AUTHORITY. The Board of Appeals shall have authority only to consider appeals on orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Uniform Building Code. The board shall have no authority relative to interpretation of the "administrative provisions" of this code nor shall the board be empowered to waive requirements of the Uniform Building Code. 8040.3. APPEALS PROCEDURE. The Board of Appeals shall not consider any appeal unless the matter has been determined with finality by the Building Official and a decision has been rendered in writing. The appeal shall clearly set forth the order, decision or determination made by the Building Official which is being appealed. Said appeal shall be filed with the Building Official. Before accepting for filing any appeal, the City shall, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt of such appeal, a hearing shall be scheduled before the Board of Appeals not less than ten (10) days nor more than forty (40) days thereafter. The Building Official shall prepare a written report to be presented to the Board of Appeals. A summary of all pertinent testimony, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued for good -2- 2028 cause in which event the presiding officer at such hearing shall, prior to the adjournment of such hearing announce the time and place to which such hearing will be continued. The Board of Appeals by motion passed by majority vote may grant said appeal upon the terms and conditions deemed necessary for the preservation of the public health, safety and general welfare and if it can be determined that the proposed application and interpretation of the Code is consistent with the intent and purpose of the Uniform Building Codes. Appeals of the Board of Appeals decision shall be made to the City Council. Said appeal shall be filed with the Building Official within five (5) working days of the Board of Appeals decision. Before accepting for filing any appeal, the City shall, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt of such appeal, the Building Official shall schedule a hearing before the City Council not less than ten (10) days nor more than forty (40) days thereafter. The Building Official shall prepare a written report to be presented to the City Council with a record of the proceeding before the Board. The Council review is to determine whether the decision of the Board was reasonable. If new information is provided to the Council it shall be remanded to the board for final consideration. 8040.4. CITY COUNCIL REVIEW. A copy of the Board of Appeals action shall be sent to the City Council with a summary of the proceeding before the Board. The City Councilor any member thereof, at their own discretion and without the filing of any fee, may appeal any decision of the Board of Appeals within five (5) working days after the date of said decision or at the next City Council meeting, whichever is later. Upon receipt of such appeal, the Building Official shall schedule a hearing before the City Council not less than ten (10) days nor more than -3- 2028 forty (40) days thereafter. The Building Official shall prepare a written report to be presented to the City Council with a record of the proceeding before the Board. The Council review is to determine whether the decision of the Board was reasonable. If new information is provided to the Council it shall be remanded to the board for final consideration. Section 2. That Division 6 "Appeals and Permits" of Article III, Chapter 1, Part 3 of the Uniform Fire Code be amended to read as follows: 3116.1. APPEALS. Appeals on orders, decisions or determinations made by the Fire Chief relative to the suitability of alternate materials and type of construction and/or reasonable interpretations of the provisions of the Uniform Fire Code, shall be made in writing to the Board of Appeals of the City of Arcadia within fifteen (15) days from the date of the decision being appealed. 3116.1.1. BOARD OF APPEALS. The Board of Appeals shall consist of five (5) members who are qualified by experience and training to pass upon pertinent matters. The Board of Appeals shalr' be appointed by the City Council and shall meet when necessary to conduct business. The Fire Chief shall be an ex officio member and shall act as secretary of the board on fire code appeals. 3116.1.2. AUTHORITY. The Board of Appeals shall have the authority only to determine the suitability of alternate materials and types of construction and provide for reasonable interpretations of the provisions of the Uniform Fire Code. The Board of Appeals may not waive any of the requirements of the Uniform Fire Code. 3116.2. APPEALS PROCEDURE. The Board of Appeals shall not consider any appeal unless the matter has been determined with finality by the Fire Chief and a decision has been rendered in writing. Any appeal to the Board of Appeals shall be made in writing by the affected person or agent. The appeal shall clearly set forth the order, decision or determination made by the Chief which is being appealed. Said appeal shall be filed with the Fire Chief. Before accepting for filing any appeal, the City shall, for the purpose -4- 2028 of defraying the expenditures incidental to the proceedings described herein, charge and collect an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt of such appeal, a hearing shall be scheduled before the Board of Appeals not less than ten (10) days nor more than forty (40) days thereafter. The Fire Chief shall prepare a written report to be presented to the Board of Appeals. A summary of all pertinent testimony, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued for good cause in which event the presiding officer at such hearing shall, prior to the adjournment of such hearing announce the time and place to which such hearing will be continued. The Board of Appeals by motion passed by majority vote may grant said appeal upon the terms and conditions deemed necessary for the preservation of the public health, safety and general welfare and if it can be determined that the proposed application and interpretation of the Code is consistent with the intent and purpose of the Uniform Fire Code. Appeals of the Board of Appeals decision shall be made to the City Council. Said appeal shall be filed with the Fire Chief within five (5) working days of the Board of Appeals decision. Before accepting for filing any appeal, the City shall, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt of such appeal, the Fire Chief shall schedule a hearing before the City Council not less than ten (10) days nor more than forty (40) days thereafter. The Fire Chief shall prepare a written report to be presented to the City Council with a record of the proceeding before the Board. The Council review is to determine whether the decision of the Board was reasonable. If new information -5- 2028 is provided to the Council it shall be remanded to the board for final consideration. 3116.3. CITY COUNCIL REVIEW. A copy of the Board of Appeals action shall be sent to the City Council with a summary of the proceeding before the Board. The City Councilor any member thereof, at their own discretion and without the filing of any fee, may appeal any decision of the Board of Appeals and without the filing of any fee, may appeal any decision of the Board of Appeals within five (5) working days after the date of said decision or at the next City Council meeting, whichever is later. Upon receipt of such appeal, the Fire Chief shall schedule a hearing before the City Council not less than ten (10) days nor more than forty (40) days thereafter. The Chief shall prepare a written report to be presented to the City Council with a record of the proceeding before the Board. The Council review is to determine whether the decision of the Board was reasonable. If new information is provided to the Council it shall be remanded to the board for final consideration. Section 3. That the Development Services Director (or designee) be designated as the "Building Official". Section 4. The City Council finds and determines that the text amendment is consistent with the general plan and will not be detrimental to public health, safety, general welfare and good zoning practice. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. -6- 2028 Passed, approved and adopted this 17th day of, January, 1995. ?n~~~ Mayor of e ty Arcadi A TrEST: Approved as to Form: ~~ H 'Jrl~ Michael H. Miller, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2028 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 17th day of January, 1995, and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Chang, Kuhn, Lojeski, Margett and Young NOES: None ABSENT: None ~ -7- 2028