Chapter 12.12
BUILDING AND FIRE CODE APPEALS BOARD PROCEDURES
Sections:
12.12.030 Effect of filing notice.
12.12.050 Setting for hearing.
12.12.070 Appeals under the Uniform Code for the Abatement of Dangerous Buildings.
12.12.010 Appeals.
Any property owner or other person aggrieved, or any person whose interests are adversely affected by any of the following acts or determinations of the Building Official or of any other employee charged with the administration and enforcement of the provisions of Chapter 12.10 SCCC may appeal the decision, order or determination as hereunder provided:
(A) Determinations of the suitability of alternate building materials and methods of construction for use in this County.
(B) Interpretations of the provisions of the uniform codes adopted by Chapter 12.10 SCCC.
(C) Actions taken in the enforcement of the requirements of Section 19955 et seq. of the Health and Safety Code relating to access to public accommodations by persons with disabilities, including the ratification of hardship exceptions granted pursuant to Section 19957.
(D) Decisions, orders or determinations made by the Fire Code Official relative to the application and interpretation of Chapter 7.92 SCCC.
The Appeals Board shall have no authority to amend, waive, or otherwise modify the requirements of this title, the uniform codes adopted under this title, or Chapter 7.92 SCCC. [Ord. 5050 § 7, 2009; Ord. 5024 § 10, 2008; Ord. 4389A § 8, 1996; Ord. 4389 § 10, 1995; Ord. 4353 § 2, 1995; Ord. 4202 § 3, 1992; Ord. 2368, 1976; Ord. 2281 § 1, 1976].
12.12.020 Notice of appeal.
(A) Appeals shall be taken by filing a written notice of appeal with the Planning Department within 14 calendar days after service of such decision, order, or determination appealed from was made.
(B) The filing fee established by resolution of the Board of Supervisors shall accompany the notice of appeal. [Ord. 5050 § 8, 2009; Ord. 5024 § 11, 2008; Ord. 4500-C § 1, 1998; Ord. 4075 § 12, 1990; Ord. 2551, 1978; Ord. 2281 § 1, 1976].
12.12.030 Effect of filing notice.
Filing of the notice of appeal shall have the effect of staying the issuance of any permit or other action taken by the County official provided for by the terms of this title until the matter is disposed of on appeal except for decisions, orders, or determinations affecting acts or conditions which in the opinion of the County official pose an immediate threat to life, property, or the environment as a result of panic, fire, explosion, or release. [Ord. 5024 § 12, 2008; Ord. 2281 § 1, 1976].
12.12.040 Contents of notice.
The notice of appeal shall state the decision, order, or determination appealed from, the identity of the appellant and his interest in the matter, a brief statement in ordinary and concise language of the relief sought and the reasons that it is claimed that the protested decision, order, or determination should be reversed, modified, or otherwise set aside, and the signature of all appellants and their official mailing addresses. [Ord. 5024 § 13, 2008; Ord. 2281 § 1, 1976].
12.12.050 Setting for hearing.
Upon receipt of the notice of appeal, the matter shall be set for hearing not later than 30 days following the date on which the notice was filed or no later than the first regularly scheduled meeting of the Board of Supervisors following the end of the 30-day period if the setting period ends during a time that the Board of Supervisors is not in regular session. Written notice of the time and place set for hearing the appeal shall be given to the appellant, and the officer whose decision, order, or determination is appealed from, at least 10 days prior to the hearing. Further notice shall be given in the same manner as required for the original action appealed from. The department or officer involved in the appeal shall transmit to the Board all records related to the appeal and shall, upon request, furnish such additional information relative to the proceedings as may be requested by the Board. [Ord. 5050 § 9, 2009; Ord. 5024 § 14, 2008; Ord. 2281 § 1, 1976].
12.12.060 Hearing procedures.
(A) At the hearing on the appeal, the appellant shall, in the first instance, present evidence in support of the grounds enumerated in her/his notice of appeal. The County official shall next present evidence in support of her/his decision, order, or determination. The appellant and the County official shall each have one opportunity to rebut the evidence presented by the other. The hearing shall be de novo in all respects.
(B) Upon hearing the appeal, the Board may issue a decision affirming, modifying, or vacating the decision, order, or determination of the County official. The decision shall be in writing and shall be served upon the appellant by first class mail to the mailing address given in the notice of appeal.
(C) The Board shall render a final decision no later than 14 calendar days following the opening of the appeal hearing, except that the Board may extend the limit set by this subsection if it determines that additional time is required to hear the matter. [Ord. 5024 § 15, 2008; Ord. 2281 § 1, 1976].
12.12.070 Appeals under the Uniform Code for the Abatement of Dangerous Buildings.
Notwithstanding any of the foregoing provisions of this chapter, appeals of any notice or order issued under the Uniform Code for the Abatement of Dangerous Buildings shall be processed in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings. [Ord. 2281 § 1, 1976].
12.12.080 Appeals to Board of Supervisors.
Repealed by Ord. 5050. [Ord. 5024 § 16, 2008; Ord. 2281 § 1, 1976].