Ordinance Number 662ORDINANCE NO. 662
ESTABLISHING BOARD OF APPEALS RELATIVE TO BUILDING OFFICIAL DECISIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 8-1.140F THE SAN JUAN
CAPISTRANO MUNICIPAL CODE TO ESTABLISH A BOARD OF
APPEALS RELATIVE TO DECISIONS OF THE BUILDING OFFICIAL
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Municipal Code Section 8-1.14, entitled "Board of Appeals", of Title 8
"Building Regulations" is hereby added ' in its entirety to read as follows:
"Section 8-1.14'
A. Appeals Board Committee Established.
An Appeals Board Committee is hereby established to hear and
decide appeals of orders, decisions or determinations made by the
Building Official relative to the application and interpretation of
all of the Uniform Codes adopted by incorporation under Title 8 of
this Code. This Board/Committee shall consist of three members
appointed by the City Council with each member qualified by
experience and training to pass upon matters pertaining to building
construction and who are not employees of the City of San Juan
Capistrano.
2. The Manager of Building and Safety/Building Official shall be an
ex -officio member of the Board of Appeals Committee and shall
act as secretary to said Board, but shall have no vote on any
matter before the Hoard Committee.
3. The Board/Committee shall render decisions by majority vote on
the appeal. Minutes of all proceedings shall be maintained by City
staff.
4. Applicants for a hearing before the Board of Appeals -Committee
shall pay a fee in the amount set by City Council Resolution prior
to administrative processing for any proceedings. The applicant
shall complete the established City application form for an appeals
hearing along with submittal of required fees.
5. Applicants for a Board of Appeals Committee hearing shall be
notified at least one week prior to any hearing or proceeding
concerning their case. The applicant shall be given the opportunity
to present his/her case at any proceeding involving their
applications.
6. Decisions of the Appeals Board shall be in the form of an adopted
resolution containing specific findings supporting the Board's
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passage.
conclusion. Decisions of the Appeals Board shall be final and
binding. The Building Official shall transmit the decision of the
Board to the appellant, and maintain all applicable hearing
documents for each case.
B. Deletion of Other Appeal Procedures.
All appeal provisions set forth in all other Uniform Codes adopted by
Title 8 are hereby deleted and superseded by the appeal provisions of this
Section.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
1990. PASSED, APPROVED, AND ADOPTED this 1st day of 1.1aY ,
L
GA Y L. H USDORFER, MAYO
n TTC C T.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, GEORGE SCARBOROUGH, Acting City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct
copy of Ordinance No. 662 which was introduced at a meeting of the City Council of
the City of San Juan Capistrano, California, held on April 17 1990, and
adopted at a meeting held on May 1 , 1990, by the following vote:
AYES: Councilmen Friess, Buchheim, Bland
and Mayor Hausdorfer
NOES:
ABSENT: Councilman Schwartze
(SEAL)
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