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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.
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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
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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
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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
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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
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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.
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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
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