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HomeMy WebLinkAboutCC ORD 1968-1189 Building and housing advisory and appeals board (Repealed by 1366)Ca (36)C, 1189 ORDINANCE NO. 1189 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFOR- NIA, CREATING A BUILDING AND HOUSING ADVISORY AND APPEALS BOARD, ESTABLISH- ING PROCEDURE FOR AP- PEALS, AND 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 That all ordin- ances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 2. There is estab- lished a Building and Housing Advisory and Appeals Board consisting of seven (7) members. The Building and Housing Ad- visory 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 mater- ials and methods the applicant may propose the use of alternate materials and/or methods of con- struction to the Building and Housing Advisory and Appeals Board for approval. b. REFUSAL TO ISSUE PER- MITS: The refusal of the Direc- tor of Building and Housing to issue any permit required by the City of National City may be appealed by the applicant to the Building and Housing Advisory and Appeals Board. c. NOTICE TO ABATE PUB- LIC NUISANCES: The action of the Director of Building and Housing in issuing a Correc- tion Notice or a Notice to Abate a Public Nuisance may be ap- pealed to the Building and Hous- ing Advisory and Anpeals Board. d. INTERPRETATION OF CITY CODES: The decision of the Director of Building and Housing in interpreting provi- sions of the Building Code, Hous- ing Code, Electrical Code, Plumbing Code, Sewer Code and Mechanical Code of the City of National City may be appealed to the Building and Housing Ad- visory and Appeals Board. SECTION 3. The members of the Building and Housing Advis- ory and Anpeals Board shall be appointed by the Mavor and shall hold office at his pleasure. The Director of Building and Hous- ing shall act as Secretary to the Board. SECTION 4. The Building and Housing 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 reso- lution. 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 pre- side in the absence of the Chair- man. SECTION 5. Special meetings of the Building and Housing Ad- visory and Appeals Board may be called pursuant to the provi- sions of Section 54956 of the Cal- ifornia Government Code. SECTION 6. The Director of Building and Housing shall be the Secretary to the Building and Housing Advisory and Ap- peals Board and shall keep the minutes thereof. SECTION 7. Appeal procedure: a. TIME FOR MAKING AP- PEAL: Appeals must be initiat- ed within ten (10) days from the act, decision or interpretation which is the subject of the ap- peal. h. c ' i TEMENT OF GROUNDS: An appeal must be in the form of a written statement delivered to the clerk of the Board within the time prescribed by subsec- tion (a) of this section. The written appeal must contain the name, address and telephone number of the appellant and a sep^'neat of the act, decision or interpretation being appealed. The appeal must contain a brief statement of the basis for the appellant's contention that the act, decision or interpretation in dispute was erroneous. Only those grounds stated in the writ- ten appeal may be considered by the Building and Housing Ad- visory and Appeals Board. c. HEARING ON APPEAL. The Building and Housing Advisory and Appeals Board shall con- sider an appeal at its next regu- lar meeting after the filing of the appeal, unless the next regu- lar meeting of the Board is less than ten (10) days from the date of filing the appeal. If an appeal is filed less than ten (10) days prior to the next regular meet- ing of the Board, the appeal shall be heard at the next suc- ceeding 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 AP- PEAL TO BOARD: The appeal shall be heard and considered by the Building and Housing Ad- visory 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 hear- ing of the appeal by the Board the appellant or his legal repre- sentative shall be heard by the Board. The appellant may present. any oral and legal arguments and evidence he wishes in pros- ecuting his appeal. The Director of Building and Housing shall present a written report concern- ing the appeal, a copy of which shall be delivered to the appel- lant no later than the hearing date. e. EXPERT TESTIMONY: The Building and Housing Advisory and Appeals Board may require an appellant to present the re- ports of experts bearing on the subject matter of the appeal. The responsibility for, and the expense of obtaining, and pre- senting 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 meet- ing and reach a decision on the merits of the appeal. The deci- sion of the Board, together with such reasons a 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 Building and Housing Advisory and Appeals Board may be an - pealed to the City Council of the City of National City within ten (10) clays of the rendering of the disputed decision. The procedure of the appeal shall be as ex- pressed in Section 7. PASSED AND ADOPT7D by the City Council of the City of National City, California, this 6th day of February, 1968, by the following vote, to -wit: AYES: Councilmen Harris, Hogue, Reid, Morgan. NAYS: Councilmen None. ABSENT: Colburn. KILE MORGAN Mayor of the City of National City, California ATTEST: IONE MINOGUE City Clerk. I hereby approve the forego- ing Ordinance this 6th day of February, 1968. KILE MORGAN Mayor of the City of National City, California I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1189 of the Ordinances of the ktity of National City, ,r* aliforn as adopted by the „City Councdlof said City, and 2nproved by he Mayor of said/City. on6,the h day of Februa y.4-196 :.-'^ (SignedIONF, MINOGUE (Seal) ty Clerk of the City of ational City, California. NC-3768 — 2/15/68 AND I HEREBY CERTIFY that the sa a has been duly pub- lished acco/ding to law. 'City Clerk, City of National City, California