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HomeMy WebLinkAboutCC ORD 1972-1324 Advisory and appeals board (Repealed by 1834)C_ /<77 1324 ORDINANCE NO. 1324 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, CREATING AN ADVISORY AND APPEALS BOARD, ESTABLISHING PROCEDURE FOR APPEALS, ANC REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES OF SAID CITY IN CONFLICT THEREWITH The City Council of the City of National City, California, does ordain as follows: SECTION 1. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 2. There is established an Advisory and Appeals Board consisting of seven (7) members. The Advisory and Appeals Board shall have the following jurisdiction: a. ALTERNATE MATERIALS: Whenever a person proposes to use materials and/or methods of construction which are not in conformance with the laws of National City; but, which, in the opinion of the applicant, are as suitable as the required materials and methods the applicant may propose the use of alternate materials and/or methods of construction to the Advisory and Appeals Board for approval. b. REFUSAL TO ISSUE PERMITS: The refusal of the Director of Building and Housing or Fire Chief to issue any permit required by the City of National City may be appealed by the applicant to the Advisory and Appeals Board. c. NOTICE TO ABATE PUBLIC NUISANCES: The action of the Director of Building and Housing or Fire Chief in issuing a Correction Notice or a Notice to Abate a Public Nuisance may be appealed to the Advisory and Appeals Board. d. INTERPRETATION OF CITY CODES: The decision of the Director of Building and Housing or Fire Chief in interpreting provisions of the Building Code, Housing Code, Electrical Code, Plumbing Code, Sewer Code, Mechanical Code and Fire Code of the City of National City may be appealed to the Advisory and Appeals Board. SECTION 3. The members of the Advisory and Appeals Board shall be appointed by the Mayor and shall hold office at his pleasure. The Director of Building and Housing shall act as Secretary to the Board. SECTION 4. The Advisory and Appeals Board shall adopt rules for the conduct of its proceedings. The Board shall hold meetings at a time and place fixed by its resolution. The members of the Board shall elect one of their number to serve as Chairman. The members of the Board shall elect one of their number to serve as Vice Chairman, to preside in the absence of the Chairman. SECTION 5. Special meetings of the Advisory and Appeals Board may be called pursuant to the provisions of Section 54956 of the California Government Code. The Director of Building he the Secretary to the Advisory and Appeals Board and shall keep the minutes thereof. SECTION 7. Appeal procedure: a. TIME FOR MAKING APPEAL: Appeals must be initiated within ten (10) days from the act, decision or interpretation which is the subject of the appeal. b. STATEMENT OF GROUNDS: An appeal must be in the form of a written statement delivered to the Secretary of the Board within the time prescribed by subsection (a) of this section. The written appeal must contain the name, address and telephone number of the appellant and a statement of the act, decision or • interpretation being appealed. The appeal must contain a brief statement of the basis for the appellants contention that the act, decision, or interpretation in dispute was erroneous. Only those grounds stated in the written appeal may be considered by the Advisory and Appeals Board. C. HEARING ON APPEAL The Advisory and Appeals Board shall consider an appeal at its next regular. meeting after the filing of the appeal, unless the next regular meeting of the Board is less than ten (10) days from the date of filing the appeal. 1f an appeal is filed less than ten (10) days prior to the next regular meeting of the Board, the appeal shalt be heard at the next succeeding regular meeting of the Board; but, in no event, shall more than sixty (60) days elapse from the filing of an appeal and the hearing thereon, without consent of the appellant to the later date. d. PRESENTATION OF APPEAL TO BOARD: The appeal shall be heard and considered by the Advisory and Appeals • Board in a public meeting. The hearing may be continued from time to time as the Board may deem proper to reach a just decision on the appeal. At the time of the hearing of the appeal by the Board the appellant or his legal representative shall ' be heard by the Board. The appellant may present any oral and legal arguments and evidence he wishes in prosecuting his appeal. The Director of Building and Housing or Fire Chief shall present a written report concerning the appeal, a copy of which shall be delivered to the appellant no later than the hearing date. e. EXPERT TESTIMONY: The Advisory and Appeals Board may require an appellant to present the reports of experts bearing on the subject matter of the appeal. The responsibility for, and the expense of obtaining, and presenting expert reports is that of the appellant. The hearing on appeal may be continued from time to time pending the receipt of the reports of experts required to be presented by the Board. f. LEGAL OPINION OF BOARD: At the conclusion of a hearing on appeal the Board shall deliberate in public meeting and reach a decision on the merits of the appeal. The decision of the Board, together with such reasons as the Board cares to express, shall be reported in the form of a formal resolution. SECTION 8. Appeal to City Council: The decision of the Advisory and Appeals„ Board may be appealed to the City Council of the City of National City within ten (10) days of the rendering of the disputed decision. The procedure of the appeal shall be as expressed in Section 7. PASSED AND ADOPTED by the City Council of the City of National City, • California, this 1st day of August, 1972, by the following vote, to -wit: AYES: Councilmen Camacho, Pinson, Reid, Waters, Morgan NAYS: Councilmen None ABSENT: None K ice Morgan Mayor of the City of National City, CA ATTEST: lone Minogue Campbell City Clerk I hereby approve the foregoing Ordinance this 1st day of August, 1972 K ile Morgan Mayor of the City of National City,CA. 1 hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1 24 of the Ordinances of the City of (ons( City, California, as d by he ity Council of said City, ed by Mayor ot, said City, tgned)lone MInoguec p (Seal) City CI rc of the • City of National City, CA. NC 56648/13/72 AND I e has EBY CERTIFY .that the duly published according (#NI) CV CIsrij st Nation, CII%