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HomeMy WebLinkAboutOrdinance #1570 Ist READING ONLY 3 '1,6/70 ORDINANCE NO . 1570 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TO CHAPTER 81 ENTITLED, "BUILDING," SECTIONS 8116 THROUGH 8116 . 12 CREATING A BOARD OF APPEALS, AND ESTABLISHING PROCEDURES THEREFOR The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Section 8116 through 8116 . 12 to read as follows : 8116 . BOARD OF APPEALS . Section 203 of the Uniform Building Code creat�sa Board of Appeals . The purpose of the following pro- visions is to implement said Section 203 and the Uniform Building Code by enacting rules and regulations for the governing of said Board of Appeals . I , 8116 . 1. MEMBERSHIP . The Board shall be composed of five ( 5) members who are qualified by experience and training to pass upon matters pertaining to building construction, and shall be appointed by and be responsible to the City Council . 8116 ..2 . TERMS OF OFFICE . TIAe tor,ms o` office of the Board members shall be for a four ( 4) year term. 8116 . 3 . BYLAWS . The Board may adopt bylaws and rules as it deems necessary for the selection of its officers , the time and place of its meetings , and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance or resolution. 8116 . 4 . SECRETARY. The Director of Building and Safety, or a person designated by the Director, shall serve as secretary to the Board without the power to vote, and shall keep an accurate and permanent record of all appeals considered by the Board. 8116 . 5 . ADVISORS AND ASSISTANTS TO THE BOARD. The Board may request attendance at its meetings of any officer of employee of the city to assist the Board. The Board may make investi- gations and employ persons , subject to approval of the City Administrator, as it may deem necessary to perform its duties and functions .. 1 . 8116 . 6 . DUTIES AND AUTHORITY OF BOARD. The Board is hereby authorized to act on the following appeals , subject to the conditions contained herein: (a) Those which pertain to alternative methods of con- struction; (b ) Those which pertain to suitability of products and materials; (c) Those dealing with application of Division 8 of the Huntington Beach Ordinance Code , and all codes adopted by Division 8; (d) Notices of substandard buildings and/or structures; (e) Demolition orders; and (f) Notices to maintain, repair or abate . 8116 . 7 . APPLICATIONS . CONTENTS AND FILING. Applications for appeals shall be in writing, shall set forth the grounds thereof clearly and concisely, and shall be filed in the office of the Department of Building and Safety . Appeals may be filed by the City Council , the owner of the property, or his authorized agent . If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his be- half shall accompany said application. Appeals shall be filed within ten (10) days after the mailing of Notice of Correction or Abatement to the owner . 8116 . 8 . FILING FEES . At the time application or appeal is filed, the applicant shall pay a filing fee of Twenty Dollars ($20 . 00) , except that no filing fee shall be required for any application for appeal filed because of an order for condemnation, maintenance or repair or abatement of dangerous or substandard buildings or structures . 8116 . 9 . HEARING. The appeal shall be set for public hearing before the Board, and said appeal shall be heard within thirty (30) days after such appeal is filed, provided the Board may continue such hearings from time to time . The Board shall restrict the hearing to the matters appealed to it . An appeal of a portion of an order, issued by the Director of Building and Safety, shall not be deemed an appeal of the entire order. 8116. 10 . NOTICE OF HEARING. The Board shall give , or cause to be given, notice of the time , place , and purpose of the public hearing by mailing notices thereof to the applicant , or his authorized agent , not less than ten (10) days prior to the date 2 . set for the hearing, provided that no such notice is re- quired for hearings which have been continued by the Board to a date certain. 8116 . 11. DECISION OF BOARD . The Board may approve , con- ditionally approve, modify or deny an appeal, and shall make written findings which shall specify facts relied upon in rendering such decision. Said decision shall be made within thirty (30) days after the public hearing. Failure to the Board to render a decision shall be deemed a recommendation for denial of the appeal, and the decision of the Board shall be final. 8116 .12 . NOTICE OF BOARD DECISION. Notice- of the Board's decision shall be mailed to the applicant within five (5) days after such decision is rendered . The Board may require any bond or security in a reason- able amount the Board deems necessary to guarantee compliance with its decision or order. Failure to 'file the required bond or security within the time specified by the Board shall be deemed a failure to comply with the decision or order of the Board. SECTION 2. This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1970 . _ Mayor ATTEST: City Clerk (APPROVED AS TO FORM: City Atto ey 3 . Ord. No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and -ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the day of 19 , and was again read to said City Council at a regular meeting thereof held on the day of , 19 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California