Chapter 2.52
BOARD OF APPEALS
Sections:
2.52.020 Alternate materials or methods of construction—Determination.
2.52.070 Appeals from decisions.
2.52.010 Established.
In accordance with Section 17920.5 of the Health and Safety Code of the state of California, there is established in the county a board of appeals, which is authorized to hear appeals regarding the building requirements being enforced by the county. (Ord. 346 § 1, 1975)
2.52.020 Alternate materials or methods of construction—Determination.
Wherever in the technical codes, adopted by reference in Chapter 15.04 of this code, there is a provision for action by the board of appeals or provisions for determination of alternate materials or methods of construction by any body or official, such provisions shall be deemed to refer to the board of appeals provided for in this chapter. (Ord. 346 § 6, 1975)
2.52.030 Membership.
A. The board of appeals shall consist of five members, recommended by the secretary of the board of appeals to be appointed by the board of supervisors.
B. In making such appointments, the board shall consider representation of members of the construction and engineering field, knowledgeable of matters controlled by the building codes, such as:
1. Engineers and architects;
2. General contractors;
3. Electrical contractors;
4. Plumbing contractors;
5. A public member.
C. To be eligible for membership on the board, the trade and professional members shall be licensed by the state and have not less than five years experience in their specialty.
D. The building official shall be a nonvoting ex officio member of the board of appeals and shall act as secretary to the board. Members of the board of appeals shall be appointed by the chairman of the board of supervisors with the approval of the board of supervisors and may be removed in the same manner. (Ord. 346 § 2, 1975)
2.52.040 Terms of office.
A. The terms of office of the members of the board of appeals shall be two years and shall expire at twelve noon on the first Monday after the first day of January.
B. The members first appointed to the board of appeals shall determine by lot the length of their terms. The terms of office of two members of the five members initially appointed to the board of appeals shall expire after one year. The terms of office of the remaining three members initially appointed to the board of appeals shall expire after two years.
C. Members of the board of appeals shall be eligible for reappointment to office at the expiration of their terms. (Ord. 346 § 5, 1975)
2.52.050 Meetings.
The board of appeals shall meet upon call of the chairman, the secretary or any two members of the board. Not less than forty-eight hours’ notice of any meeting shall be given all members. The board may, by rule, provide for a longer notice of meeting and for a procedure for waiving notice of meetings, which will provide for the consent of a majority of its members. (Ord. 346 § 4, 1975)
2.52.060 Duties.
The board of appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official and shall provide a duplicate copy to the appellant. It may recommend to the board of supervisors such new legislation as it shall deem appropriate within its field. (Ord. 346 § 3, 1975)
2.52.070 Appeals from decisions.
The decisions of the board of appeals may be appealed to the board of supervisors by any person directly or adversely affected by the decision, in accordance with the following procedure:
A. The appeal shall be filed with the county clerk, in writing, setting forth the decision appealed from, the relief desired and the reasons therefor, accompanied by a fee of twenty-five dollars, no part of which may be refunded. The appeal to the board of supervisors shall be filed within five business days after the date of the decision of the board of appeals, and such decision becomes final if an appeal is not filed within the time specified.
B. Within five days after the date of. the filing of the appeal, the secretary of the board of appeals shall transmit to the clerk the record of the proceedings before the board of appeals.
C. The county clerk shall set the hearing before the board of supervisors not less than fifteen nor more than thirty-five days after receipt of the record from the secretary of the board of appeals, and shall give notice of such hearing by publication of a notice of hearing at least ten days prior to the hearing and by mailing a copy of such notice to all interested parties as appear from the record of the board of appeals at least ten days prior to the hearing.
D. After the hearing, the board of supervisors may affirm or reverse the decision appealed from and may substitute its decision for that of the board of appeals, based upon the record of appeal and the evidence received at the hearing on appeal. Failure of the board of supervisors to reach a decision on such appeal within fifteen days after the commencement of the hearing shall affirm the decision appealed from. The decision of the board of supervisors on such appeal shall be final. (Ord. 346 § 7, 1975)