POL Government Elected Officials Auditor Hull Caballero Charter, Code & Policies City Code & Charter Online Code & Charter Title 24 Building Regulat Chapter 24.10 Administration and Enforcement
24.10.080 Board of Appeals.

(Amended by Ordinance Nos. 174719 and 176955, effective October 9, 2002.)

A. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Title, there has been created a Board of Appeal, consisting of three members appointed by the Mayor. The Board members must be qualified by experience and training to make decisions on matters pertaining to building construction. All persons shall be appointed for a term of 3 years. At least one member of the Board shall be a competent builder who has engaged in the building business in the City for at least two years immediately preceding his appointment, and at least one member of the Board shall be a competent architect who has practiced his profession for at least 3 years. The Director shall be an ex officio member and shall act as Secretary of the Board.

B. No member may act on or hear a case in which he has an interest. If such a case comes before the Board, the member’s alternate shall attend or the Mayor shall appoint a substitute.

C. Meeting of the Board of Appeal. Meetings of the Board of Appeal shall be held at the call of the Chairman or upon notice from the Commissioner In Charge of the Bureau of Development Services of any special appeal.

D. Removal from office. Any member of the Board of Appeal may be removed from office by the Mayor for due cause, such as malfeasance in office, incapacity, or neglect of duty.

E. The Mayor shall appoint a qualified alternate for each member, who shall attend meetings and vote when the member is unavailable.

F. Appeals to Board. Any person who may have been ordered by the Bureau of Development Services to incur an expense for the alteration, repair, or construction of any building or any person whose application for a permit may have been refused by the Bureau of Development Services may appeal to the Board of Appeal by serving written notice upon the Bureau of Development Services. The notice or a certified copy thereof, shall be transmitted at once to the Board of Appeal. After service of notice upon the persons interested, a hearing shall be held; and the Board may, by a majority vote, affirm, annul, or modify the action of the Bureau of Development Services; provided, however, in any matter relating to or involving fire prevention, fire safety measures, or building construction requirements for safety, any modification of a strict application of this Title shall be made only on condition that substantially equivalent degree of safety is provided generally conforming to national standards concerning fire prevention, fire safety measures, and building construction requirements for safety. The decision of the Board shall have full force and effect. A certified copy of the decision shall be delivered to the appellant.

G. Powers of the Board of Appeal. Where unquestionably and clearly, practical difficulties, unnecessary hardship or consequences, inconsistent with the general purposes of this Title may result from the literal interpretation and enforcement thereof, the Board of Appeals may grant adjustment of variances in a specific case with such conditions and safeguards as it may determine, in harmony with the general purpose, intent, and spirit of this Title, so that the public safety and welfare shall be secured and substantial justice shall be done, upon unanimous vote of the Board. If interpretation of the provisions of this Title is required, decisions thereon may be determined by a majority vote of the Board. Any person aggrieved by the final decision of the Appeals Board as to the application of any provision of this Specialty Code may, within 30 days after the date of the decision, appeal to the appropriate State Specialty Advisory Board. The appellant shall submit the appeal fee with his request for appeal. The decision of the Appeals Board shall be subject to review and final determination by the appropriate State Specialty Advisory Board authorized pursuant to OAR Chapter 8.4, as to technical and scientific determinations related to the application of this Title. All required fees are stated in the Fee Schedule adopted by City Council. Fees will be updated annually or on an as needed basis. The approved Fee Schedule will be available at the Development Services Center.

Title 24 Building Regulat
Chapter 24.10 Administration and Enforcement
Chapter 24.15 Definitions
Chapter 24.20 Special Inspections
Chapter 24.25 Movings of Buildings
Chapter 24.30 Home Occupations
Chapter 24.35 Historical Buildings
Chapter 24.40 Use of and Projections Over Public Streets and Property
Chapter 24.45 Parking and Driveway Surfaces
Chapter 24.50 Flood Hazard Areas
Chapter 24.51 Wildfire Hazard Zones
Chapter 24.55 Building Demolition
Chapter 24.60 Fences
Chapter 24.65 Sidewalk Vault Openings
Chapter 24.70 Clearing and Grading
Chapter 24.75 Uniform Building Address System
Chapter 24.80 (Repealed)
Chapter 24.85 Seismic Design Requirements for Existing Buildings
Chapter 24.90 Manufactured Dwelling Installation and Accessory Structures, Manufactured Dwelling Parks, Recreation Parks, Recreational Park Trailer Installation and Accessory Structures
Chapter 24.95 (Repealed)