Chapter 15.60
BOARD OF APPEALS
Sections:
15.60.010 Created--Short title.
15.60.020 Purpose--Function and jurisdiction.
15.60.030 Membership, appointment and terms.
15.60.040 Qualifications of voting members--Oath--Conflicting interests.
15.60.050 Organization--Term of officers--Official act.
15.60.060 Appeal procedure required of appellant.
15.60.070 Procedure required of the board.
15.60.080 Failure to appeal--Scope of hearing--Stay of order.
15.60.090 Right of official to seek recommendation.
15.60.100 General provisions and rules.
15.60.110 Enforcement of orders.
15.60.120 Decisions of the board--Final notice, application made to the court.
15.60.010 Created--Short title.
There is created a board to be known as the building code board of appeals, which board shall in this chapter be referred to as the “board.” (Ord. 1341 §1(part), 2005)
15.60.020 Purpose--Function and jurisdiction.
A. The board shall hear all appeals from any notice or order issued, or any action taken, by any administrative officer of the city under the provisions of the following codes and ordinances:
GMC Chapter 15.04, State Building Code;
GMC Chapter 15.08, International Building Codes; GMC Chapter 15.12, Residential Codes;
GMC Chapter 15.16, Mechanical Code;
GMC Chapter 15.20, Uniform Fire Code;
GMC Chapter 15.24, Plumbing Code;
Any code or ordinance wherein it is provided that an appeal to the board shall be available;
B. The board shall have jurisdiction and advisory authority to determine the suitability of alternate materials or alternate types of construction, if an alternate is contemplated or recognized by the express terms of the codes or ordinances of the city;
C. The board shall have authority to make recommendations to the city council for such new legislation as will expedite or improve the administration of such codes or ordinances; and
D. The board shall have no authority to consider or determine any matter arising under the zoning or land use ordinances. (Ord. 1341 §1(part), 2005)
15.60.030 Membership, appointment and terms.
A. The board shall consist of seven voting members who shall be appointed by the mayor. In addition to the voting members, the building official shall serve as an ex-officio member without authority to vote. The ex-officio member of the board shall serve as secretary of the board and shall keep permanent minute records of all meetings, proceedings and actions taken by the board. Vacancies occurring in any position on the board shall be filled by appointment of the mayor for the unexpired term.
B. The term for all positions on the board shall be for four years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the board shall be staggered not more than four positions expire in the same year. (Ord. 1341 §1(part), 2005)
15.60.040 Qualifications of voting members--Oath-Conflicting interests.
Voting members of the board shall, before being eligible for appointment, possess the following qualifications of training or experience as specified for the following positions:
A. Position 1. Appointee to Position 1 shall be an engineer, licensed by the state as either civil, or structural;
B. Position 2. Appointee to Position 2 shall be a contractor, licensed by the state;
C. Position 3. Appointee to Position 3 shall be a person who has, during the preceding five years, actively engaged in business as a building contractor;
D. Position 4. Appointee to Position 4 shall be a person holding a mechanical contractor’s license issued by the state, or any person who is qualified to make inspection of gas piping and equipment;
E. Position 5. Appointee to Position 5 shall possess qualifying training and experience, in either the engineering field, or plumbing, sufficient to intelligently pass upon matters involving buildings and related installations;
F. Positions 6 and 7. Appointees to Positions 6 and 7 may be any person of mature judgment, with business experience and ability to analyze and consider a matter in dispute. He shall not be an employee of the city and shall not be actively engaged in any of the specialized fields of training or experience required for qualification to any of the first five positions herein described.
Before undertaking the duties as a voting member of the board, each appointee shall, at the beginning of his initial term, file with the city clerk-treasurer his written acceptance of appointment to the board and shall subscribed to an oath, to be filed with the city clerk-treasurer, that he will faithfully and impartially consider and determine matters in hearing before the board, and in the event that he shall have personal interest in or be connected with the matters or parties involved, he shall disqualify himself and decline to serve or participate in the specific hearing. (Ord. 1341 §1(part), 2005)
15.60.050 Organization--Term of officers--Official act.
A. The board shall annually, at its first meeting in each calendar year, organize by selecting from its voting members one who shall serve as the presiding officer under the title of chairman of the board.
B. The regular term of each officer of the board shall be for the calendar year in which appointed. The board may, by a two-thirds affirmative vote, recall and terminate the term of any person selected to serve as an officer of the board.
C. The majority vote of a quorum shall constitute the official action of the board. The presence of four voting members, having the right to participate in the matter in hearing at a regular or legally called meeting, shall constitute a quorum with full authority to function as the board. Members of the quorum, including the chairman of the board, who refrain from voting though having a right to do so, shall be considered as having voted in the negative. (Ord. 1341 §1(part), 2005)
15.60.060 Appeal procedure required of appellant.
A. Who May Appeal. Any person aggrieved by any notice and order issued by, or any ruling made by, the building official of the city under the codes and ordinances designated in Title 15 of this code shall have the right to appeal to the board.
B. Time to Appeal. An appeal shall be initiated by filing with the city clerk-treasurer a written appeal within fourteen days of the date of the notice and order or other action appealed.
C. Form of Appeal. A person appealing any notice and order issued by, or any ruling made by, the building official must file a written statement setting forth:
1. A heading in the words: “Before the building code board of appeals of the city of Goldendale;”
2. A caption reading: “Appeal 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 action of the building official;
4. A brief statement in ordinary and concise language of the specific 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 action should be reversed, modified, or otherwise set aside;
6. The signatures of all parties named as appellants and their official mailing addresses;
7. A verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
D. Upon the filing of a written appeal, the city clerk-treasurer shall promptly notify the building official and the chair of the board of such filing and transmit to them a true copy of the written appeal. (Ord. 1341 §1(part), 2005)
15.60.070 Procedure required of the board.
A. Within a reasonable time after receiving the written appeal, the board shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than ten days, except with the written consent of the appellant, nor more than sixty days from the date the appeal was filed with the city clerk-treasurer.
B. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant, except where the appellant has waived the ten-day requirement, 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 his address as shown on the written appeal. (Ord. 1341 §1(part), 2005)
15.60.080 Failure to appeal--Scope of hearing--Stay of order.
A. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order, or other ruling, or to any portion thereof.
B. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
C. Except for vacation orders and stop-work orders, enforcement of any notice and order, or other ruling of the building official, issued under a code or ordinance from which appeal to the board is available, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 1341 §1(part), 2005)
15.60.090 Right of official to seek recommendation.
The building official or any other administrative official of the city shall have the right, without the payment of any filing fee, to submit to the board a proposition or question for its consideration and recommendation. It shall be the duty of the board to consider such matter and to make its recommendation in the same manner as is required by this chapter in the hearing of any other matter within its jurisdiction. (Ord. 1341 §1(part), 2005)
15.60.100 General provisions and rules.
A. Procedures before the board shall be as provided in International Codes plus UPC, 2003 Edition, First Printing, Section 1304, Conduct of Hearing, as now or hereafter amended or readopted, except where inconsistent with any provision of this code.
B. The board shall have the right, by two-thirds affirmative vote, to make any rule of procedure it may desire, as long as that rule is not in conflict with the spirit or expressed provisions of this chapter.
C. The report of the board may also be in the nature of a recommendation to the appellant. (Ord. 1341 §1(part), 2005)
15.60.110 Enforcement of orders.
Orders of the board may be enforced, work performed and costs recovered under the provisions of International Building Code, and orders of the board may be enforced by whatever means are available at law. (Ord. 1341 §1(part), 2005)
15.60.120 Decisions of the board--Final notice, application made to the court.
Any order of the building code board of appeals shall be final and conclusive unless, within twenty days from the date of the order, the original applicant or an adverse party makes application to the superior court of the state for Klickitat County for a writ of certiorari, a writ of prohibition or a writ of mandamus. (Ord. 1341 §1(part), 2005)