HomeMy WebLinkAboutORD 1486 (2018)ORDINANCE NO. 1486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING CODE AMENDMENT 2017-007 AMENDING
CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADDING
PART 7 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE
RELATED TO THE ESTABLISHMENT OF A BUILDING BOARD OF
APPEALS.
The City Council of the City of Tustin does ordain as follows:
SECTION 1. Ordinance No. 1475, amending Chapter 1, Division II (Scope and
Administration) of the 2016 California Building Code is hereby amended as follows:
A. Section 113 and 113.1 "General" of the 2016 California Building Code is
adopted in its entirety without amendment:
SECTION 2. Chapter 5 of Article 1 of the Tustin City Code is hereby amended to add Part
7 as follows:
PART 7 — BUILDING BOARD OF APPEALS
1571 - BOARD ESTABLISHED
In order to hear and decide appeals of orders, decisions or determinations made by
the Building Official or the Fire Marshal relative to the application and interpretation
of the City's building regulations or the California Building Standards Codes (Tustin
City Code Chapter 8), as adopted by the City, including any plan check or
inspection determination, and any other matter specified in the Tustin City Code,
there shall be and is hereby created a Building and Fire Board of Appeals. For
matters related to the interpretation of the 1997 Uniform Housing Code, the Building
Board of Appeal shall act as the Housing Advisory and Appeals Board.
1572 - COMPOSITION
The Building Board of Appeals shall consist of five (5) members, each of whom
shall be both residents and registered voters of the City during all times they hold
office. The Board shall consist of members who are qualified by experience and
training to pass upon matters pertaining to building construction, fire protection, or
standard waterworks practices. Preference in the selection of the members of the
Board shall be given to those individuals who possess state licenses or certificates
in the field of engineering, construction, or related professions or trades. At least
two (2) members of the Board shall be physically disabled. The Building Official
Ordinance No. 1486
Page 1 of 4
shall act as secretary of the Board.
1573 - APPOINTMENTS AND TERMS
a. Appointment. Members of the Building Board of Appeals shall be appointed by
the City Council. All members of the Board shall serve until their respective
successors are appointed and qualified.
b. Removal. All members of the Board shall serve at the pleasure of the City
Council and may be removed upon motion of the City Council adopted by at
least three (3) affirmative votes. A member of the Building Board of Appeals
shall automatically be deemed removed from office upon certification of election
of that member to the City Council as provided in Section 1305b of this Code, or
upon the occurrence of four (4) absences from Board meetings within any
twelve (12) consecutive month period, excluding any such absences as may be
excused by action of the City Council.
c. Terms of Office. The terms of office shall be for four (4) years commencing on
the date of appointment for each office.
d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve
more than two (2) consecutive four-year terms on the Building Board of
Appeals.
1574 - COMPENSATION OF MEMBERS
Members of the Building Board of Appeals shall receive compensation as
prescribed by ordinance of the City Council from time to time.
1575 — BOARD RULES AND PROCEDURES
The Building Board of Appeals shall, from time to time, adopt or amend Rules of
Procedure pursuant to Section 113.1 of the California Building Code and Section
203.1 of the Uniform Housing Code, as amended (hereinafter referred to as the
California Building Standards Code), for use by the Tustin Building Board of
Appeals and the Housing Advisory and Appeals Board as the rules of procedure for
conducting administrative appeals.
1576 — TIME LIMITS
Applications for appeal shall be filed with the Tustin City Clerk during regular
business hours within 30 calendar days from the date the City provides notice of
the order or action of the Building Official, provided, however, that if the building or
Ordinance No. 1486
Page 2 of 4
structure is in such condition as to make it immediately dangerous to the life, limb,
property or safety of the public or adjacent property and is ordered vacated and is
posted as such in accordance with the applicable law, such appeal shall be filed
within 10 calendar days from the date of the service of the notice and order of the
Building Official.
1576 — FEES AND NOTICES
Applicants for a hearing before the Building Board of Appeals 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.
Applicants for a Building Board of Appeals hearing shall be notified at least one
(1) week prior to any hearing or proceedings concerning their case. The
applicant shall be given the opportunity to present his/her case at any
proceedings involving their applications.
1577 — FINAL DECISION
Pursuant to Section 113.1 of the California Building Code, the decision of the
Building Board of Appeals shall be final.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council declares that it would
have adopted this Ordinance and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more section, subsection,
subdivision, sentence, clause, phrase, or portion thereof be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 16th day of January, 2018. .-� --L
ELWYN A. HURRAY,
Mayor
Ordinance No. 1486
Page 3 of 4
ATTEST:
ERICA N. RABE,
City Clerk
APPROVED AS TO FORM:
DAVID E. KE IG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1486
Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1486
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the 19th day of December, 2017, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 16th day of
January, 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERtA N. RABE,
City Clerk
Murray,Gomez,Puckett,Bernstein,Clark(5)
(0)
(0)
(0)
Ordinance No. 1486
Page 4 of 4