Chapter 9. Board of Appeals

Sec. 9-9.01 Membership.

The Board of Appeals shall consist of three (3) members, who shall be qualified by experience in training to pass upon matters pertaining to building construction and who are not employees of this jurisdiction. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.02 Appointments.

The members of the Board shall be appointed by the City Council. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.03 Term.

The members of the Board shall serve for a term of two (2) years, or until their successors are appointed, unless removed from office as specified in Section 9-9.05. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.04 Powers and Duties.

(a) To affirm, reverse, modify, or set aside any finding, determination, notice, or action of the Building Official which is appealed relating to the provisions of the Uniform Codes adopted as amended by the City of Hercules; and to determine on appeal from the decision of the Building Official the suitability of alternate materials and methods or type of construction, and to provide for reasonable interpretations of the Uniform Codes adopted by the City of Hercules.

(b) To establish rules of procedure for notices and service, conducting of investigations and hearings on appeal, and rendering of decisions.

(c) To serve in an advisory capacity to refer any owner and/or occupant to an appropriate public or private agency for information. Upon hearing appeals, the Board shall exercise its powers in such manner that the public welfare is secured and substantial justice is done most nearly in accord with the intent and purpose of this Chapter. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.05 Removal.

Members of the Board of Appeals serve at the pleasure of the City Council, and may be removed at any time, with or without cause, by a majority vote of the Council. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.06 Quorum.

For the purpose of transacting business, a quorum of the Board shall consist of two (2) members. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.07 Officers.

At the first meeting of each calendar year the Board shall elect its officers. The Building Official shall be the secretary of the Board. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.08 Administering Oaths—Subpoenas.

Each member of the Board shall have the power to administer oaths. The City Clerk shall issue subpoenas; willful failure to appear to testify in response to any such subpoena or to produce any item pursuant to a subpoena duces tecum shall be punished as a misdemeanor; the City Clerk shall cause subpoenas to be issued under the seal of the City. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.09 Appeals.

Any person may appeal and shall be apprised of his right to appeal to the Board on subjects coming within the Board’s jurisdiction, provided the appeal is made in writing and filed at the office of the Board, and upon the payment of the filing fee as set from time to time by resolution of the City Council, within ten (10) days after notice of any protested decision or action made pursuant to this Title. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.10 Hearings.

All hearings and meetings of the Board shall be open to the public. Records and minutes shall be kept of all proceedings of the Board and copies of the minutes shall be a matter of public record. The Board shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant, and shall apprise said interested parties of their right to appeal to the City Council and the time limitations for such appeal. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.11 Action by Council.

(a) An aggrieved person or persons and/or the Building Official may appeal the decision of the Board by filing a notice of appeal with the City Clerk within ten (10) days of the decision. The Board shall apprise said persons of their right to appeal to the Council and of the time limitations to appeal. Immediately upon receipt of timely notice of appeal, the City Clerk shall set the time and place for consideration of the appeal by the Council, and shall thereupon give written notice to all persons whose interest therein has been recorded in any of the proceedings theretofore. Failure to file a timely notice of appeal shall relieve the City Clerk of the duty to set the matter for consideration by the Council.

(b) The Council shall review the proceedings and decision of the Board when the decision of the Board is appealed to it. The Council may affirm, reverse, or modify, by resolution, the Board’s decision and its decision shall be final. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.12 Enforcement.

The Building Official of the City is authorized and directed to administer and enforce the provisions of this Chapter. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.13 Right of Entry.

Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe as defined in relevant Uniform Codes, the Building Official or his authorized representative, at all reasonable times, may enter said premises to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided, that if such building or premises be occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. (Ord. 247 Div. 1 (part), 1987)

Sec. 9-9.14 Rules and Regulations.

The Council may, from time to time, adopt by resolution rules and regulations to execute the provisions of this Chapter. This may not affect the substance of the Chapter, but shall be limited to methods and procedures in the enforcement and administration of the Chapter. (Ord. 247 Div. 1 (part), 1987)