HomeMy WebLinkAbout1972-09-05; City Council; 8062; Advisory & Appeals Board creationa 0
ORDINANCE NO. 8062
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA CREATING
?iN ADVISORY AND APPEALS BOARD.
The City Council of the City of Carlsbad, California does
rdain as follows:
SECTION I. That all Ordinances or Parts of Ordinances in
onflict with this Ordinance are hereby repealed.
SECTION 11. There is established an Advisory and Appeals
oard consisting of (7) seven members.
loard shall have the following jurisdiction;
The Advisory and Appeals
A. Alternate Materials :
lhenever a person proposes to use materials and/or methods of
:onstruction which are not in conformance with the laws of the
5ty of Carlsbad, but which in the opinion of the applicant are
suitable as the required materials and/or met
nay propose the use of alternate materials and/or methods of
:onstruction to the Advisory and Appeals Board.
the
B. Refusal to Issue Permits:
Phe refusal of the Director of Building and Housing or Fire Chief
to issue any permit required by the City of Carlsbad may be
2ppealed by the applicant to the Advisory and Appeals Board.
C. Notice to Abate Public Nuisances:
The action of the Director of Building and Hou
in issuing a correction notice or a notice to
Nuisance may be appealed to the Advisory and
g Or Fire Chief
te a
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, Mechanical Code and Fire Code
of the City of Carlsbad may be appealed to the Advisory and
Appeals Board.
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I1 SECTION 111. The members of the Advisory and Appeals Board E f
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shall be appointed by the Mayor with the approval of the Council
3ljand shall hold office at his pleasure.
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I I meetings at the time and place fixed by its resolution.
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,
The members
~ to preside in the absence of the Chairman. I 1
SECTION V. The Advisory and Appeals Board shall comply
with Sections 54956 of the California Government Code.
SECTION IV. The Advisory and Appeals Board shall adopt
rules for the conduct of its proceedings. The Board shall hold
SECTION VI. The Director of Building and Housing shall be
the Secretary to the Advisory and Appeals Board and shall keep
sinutes thereof.
SECTION VII. Appeal Procedure:
A. Time for Mak.ing Appeal: Appeals must be initiated within
(10) ten days from the act, decision or interpretation which is the
subject of the appeal. i
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I! 29!/appellant and a statement of the act, decision or interpretation
24(\being appealed. The appeal must contain a brief statement of the
25 //basis for the appellant's contention that the act , decision or
26 \/interpretation in dispute was erroneous.
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Only those grounds stated
n the written appeal may be considered by the Advisory and Appeals
C. Hearing Appeal: The advisory and Appeals Board shall
peal at its next regular meeting after the filing of
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I less the next regular meeting of the board is less
aYs from the filing of the appeal. If an appeal
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is filed less than (10) ten
of the Board, the appeal sh
days prior to the next regular meeting
11 be heard at the next succeeding
regular meeting of the Board; but, in no event, shall .more than
(60) sixty days elapse from the filing of an appeal and hearing
thereon, without consent of the appellant l:o 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.
The Director of Building and Housing and/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 forl
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. Decision 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 c es to express, shall
be reported in the form of a formal resolution.
SECTION VIII. Appeal to Cit The decision of the
Advisory and Appeals Board may be appealed to the City Council
of the City of Carlsbad within (10) ten days of the rendering
of the decision. The procedure of the appeal shall be as
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