Resolution Number 07-11-20-04RESOLUTION 07-11-20-04
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING IMPLEMENTATION
RULES FOR THE CONDUCT OF APPEAL HEARINGS BY THE
UNIFORM BUILDING CODE BOARD OF APPEALS
Whereas, the California Building Code permits the establishment of a Board of
Appeals to hear appeals taken from decisions and determinations made by the Building
Official under the California Building Code, and
Whereas, it is appropriate to establish implementation rules for the conduct of
appeal hearings by the Board of Appeals,
NOW THEREFORE, the City Council does hereby resolve as follows:
Section 1. Board of Appeals Membership. A Board of Appeals is hereby
established and shall consist of three (3) members. The board members shall be
qualified by experience and training to pass on matters pertaining to building
construction, such as for example, having experience in construction management, the
building trades, engineering, or architecture.
' Members of the Board shall be chosen by the City Council by minute action.
Section 2. Filing of Appeal. A property owner or other affected party the subject
of an administrative decision of the Building Official shall have a period of 15 days to file
an appeal of the Building Official's decision. The appeal shall be in writing and specify
with particularity the reasons for the appeal. The appeal shall be filed with the office of
the City's City Clerk.
Section 3. Conduct of Appeal Hearings.
(a) Appeal hearings conducted by the Board shall be open to the public and in
full accordance with the Brown Act;
(b) Technical rules of evidence shall not apply in the conduct of appeal
hearings;
(c) The Board of Appeals and its appointed secretary shall ensure that the
hearing record is adequately assembled and reproducible. The record shall include: All
exhibits, papers and documents required to be filed or accepted into evidence during
the proceedings; a list of the participants present; written findings and conclusions of the
Board's final determination. Any party may have the proceeding tape-recorded or
' otherwise transcribed at his or her own expense.
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(d) Order of presentation of each party's position shall be at the administrative
discretion of the Board;
(e) Final written decision of the Board shall be mailed within 15 days to the
appellant.
Section 4. Finality of Board of Appeal Decisions. Board decisions shall be final
and binding, and shall be subject to judicial review pursuant to Code of Civil Procedure
1094.5 et seq.
PA A PROVED AND ADOPTED this 20th y of N v r 20
M LLEVATO, MAYOR
ATT ST: i i
02
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 07-11-20-04 was duly adopted by the City Council of the City of San Juan Capistrano at a
Regular meeting theregf, held the 20'" day of November 2007, by the following vote:
AYES:
IL MEMBERS:
Nielsen, Hribar, Uso and Mayor Allevato
IL MEMBER:
None
IL MEMBER:
Soto
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