Chapter 15.08
APPEALS OF THE CITY OF CONCORD CONSTRUCTION CODE
Sections:
15.08.010 Establishment of Board of Appeals.
15.08.020 Filing requirements.
15.08.030 Scheduling and noticing requirements.
15.08.010 Establishment of Board of Appeals.
(a) General. In order to hear and decide appeals authorized under the City of Concord Construction Code, there shall be and is hereby created a Board of Appeals, which shall constitute the “Local Appeals Board,” “Board of Appeals,” “Housing Appeals Board,” and “Housing Advisory and Appeals Board,” as those terms are defined and used in the California Building Standards Code (the “Board of Appeals”). The Board of Appeals shall consist of three members of the ICC Tri-Chapter Uniform Code Committee (TUCC). The City Council hereby expressly delegates to the Building Official the authority to select such members on a case-by-case basis based on their availability and subject matter expertise.
In appeals of decisions of disabled access, the Board of Appeals shall be composed of five members as follows: two members of the Board of Appeals shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member. The City Council hereby expressly delegates to the Building Official the authority to select such members on a case-by-case basis based on their availability and subject matter expertise.
To the extent the Board of Appeals cannot be convened, due to member availability as determined by the Building Official on a case-by-case basis, or as otherwise required pursuant to applicable law, the City of Concord City Council shall serve as the Board of Appeals.
(b) Limitation of responsibilities. The responsibilities and authority of the Board of Appeals shall be limited as provided in accordance with state law and the City of Concord Construction Code to orders, decisions, and determinations made by the Building Official relative to the application and interpretation of the nonadministrative (technical) requirements of the Concord Construction Code. Specifically, the authority of the Board of Appeals shall not include legal interpretation of the administrative provisions of the City of Concord Construction Code and shall not include authority to grant appeals which waive requirements of state law or the City of Concord Construction Code or grant variances from state law or the City of Concord Construction Code.
(c) Reserved.
(d) Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to the City of Concord Construction Code and are not employees of the city. Appointees shall be qualified in and specifically knowledgeable in the City of Concord Construction Code and applicable local ordinances.
(e) Chairperson. The Board of Appeals shall select one of its members to serve as chairperson.
(f) Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest, or a conflict of interest under the Fair Political Practices Act. A disqualified Board of Appeals member shall declare his or her disqualification to the Building Official, who shall arrange for an alternate member to serve in place of the disqualified member and shall make the disqualification part of the hearing record.
(g) Secretary. The City Manager shall designate a qualified clerk to serve as secretary to the Board of Appeals. The secretary shall file a detailed record of all proceedings in the City Clerk’s office.
(h) Compensation of members. Members of the Board of Appeals shall serve without compensation.
(i) Quorum. A quorum shall consist of three members.
(j) Open hearing. The Board of Appeals shall have no regular meetings; all meetings shall be special meetings noticed pursuant to California Government Code Section 54956. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant’s representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard.
(k) Hearing procedure. The hearing shall be informal and shall not require compliance with the rules of evidence. At the hearing, the Board of Appeals shall hear and consider all relevant evidence.
(l) Postponed hearing. Continuances of the hearing may be granted by the City Manager on request of the appellant or the appellant’s representative for good cause shown, or on the City Manager’s own motion.
(m) Board decision. The Board of Appeals shall decide the appeal by a majority vote of the members present.
(Ord. No. 16-7, § 3; Ord. No. 23-4, § 2 (Exh. A))
15.08.020 Filing requirements.
(a) Form of appeal. Any person may initiate filing an appeal by filing at the City Clerk’s office a written appeal containing the following:
(1) A heading in the words: “Before the Board of Appeals of the City of Concord.”
(2) A caption reading: “Appeals of _____________,” giving the names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice, order, determination, or action.
(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
(5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
(6) The signatures of all parties named as appellants and their mailing addresses.
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(b) Filing of an appeal. Unless a different filing deadline is required by law or by the City of Concord Construction Code, the appeal shall be filed within 10 days from notice of the action subject to the appeal; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted as such, such appeal shall be filed within three days from the date of the service of the notice and order of the Building Official.
(c) Application fee. A nonrefundable application fee, as set forth in the City Council adopted fees and charges, shall be submitted with the initial request for appeal.
(Ord. No. 16-7, § 3; Ord. No. 23-4, § 2 (Exh. A))
15.08.030 Scheduling and noticing requirements.
(a) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Board of Appeals. Unless a different date and time is required by law or by the City of Concord Construction Code, such date will be not less than 10 days and not more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(b) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.
(c) Scope of hearing on appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(d) Staying of order under appeal. Except for vacation orders or as otherwise provided in the City of Concord Construction Code or otherwise by law, enforcement of any notice or order of the Building Official issued under this code shall be stayed during the pendency of the appeal that is properly and timely filed.
(Ord. No. 16-7, § 3)
15.08.040 Final decision.
(a) Decision. The decision of the Board of Appeals shall be in writing and include any material factual determinations and the reason(s) for the decision. The decision shall be final and effective immediately upon its adoption by the Board. A copy of the decision shall be mailed to the appellant and to the Building Official. Decisions of the Board are not appealable to the City Council.
(Ord. No. 16-7, § 3)