Chapter 2.12
BUILDING BOARD OF APPEALS
Sections:
2.12.020 Membership – Qualifications.
2.12.010 Established.
This chapter, in accordance with the Uniform Building Code, recognizes the establishment of a building board of appeals, and sets forth the term, qualification, and powers and duties of the building board of appeals. (Ord. 2017-05 § 4; Ord. 88-19 § 1)
2.12.020 Membership – Qualifications.
A. The building board of appeals shall consist of five members to serve at the pleasure of the mayor and council. Such members shall be qualified by experience and training to pass on matters pertaining to building construction. When an appeal concerns a discretionary decision of the contract building official, as defined in Chapter 15.04 LCMC, the building board of appeals shall include the building official for Lincoln County or the building official of an adjacent county. (OAR 918-020-0250.)
B. The board may include an individual who engages in the business of building design or construction, but may not hear an appeal of a contract building official’s discretionary decision concerning a project that involves a business, or competitor of a business that:
1. The individual owns or manages or for which the individual provides services as an employee, agent or contractor; or
2. A family member or a member of the individual’s household owns or manages or for which the family member or member of the household provides services as an employee, agent or contractor.
C. The board shall not include:
1. Any contract building official; or
2. An owner, manager, director, officer or employee of a person, other than an employee of the municipality that performs building inspections. (Ord. 2023-01 § 13; Ord. 2022-04 § 3; Ord. 2017-05 § 4; Ord. 2010-01 § 2; Ord. 88-19 § 2)
2.12.030 Qualifications.
Repealed by Ord. 2017-05. (Ord. 2010-01 § 2; Ord. 91-23 § 1; Ord. 88-19 § 3)
2.12.040 Staff support.
Repealed by Ord. 2017-05. (Ord. 2010-01 § 2; Ord. 88-19 § 4)
2.12.050 Presiding officer.
Repealed by Ord. 2017-05. (Ord. 88-19 § 5)
2.12.060 Powers and duties.
The board shall have the following powers and duties:
A. To hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the codes adopted by the city under LCMC 15.04.010;
B. The board shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. (Ord. 2017-05 § 4; Ord. 95-8 § 1; Ord. 88-19 § 6)
2.12.070 Review process.
Repealed by Ord. 2010-01. (Ord. 95-8 § 2; Ord. 88-19 § 7)