The Building Board of Appeals shall sit as the Board of Appeal regarding an appeal of a notice and order to repair, rehabilitate or demolish or any other action by the Antioch Chief Building Official relative to the application and interpretation of the Building Codes. The Building Appeals Board shall conduct its proceedings in accordance with the following procedures:
(A) The Building Board of Appeals shall consist of three regular members and up to three alternates. These members shall have experience in the building construction trades and/or training in the California Code of Regulations, Title 24 and Title 25 or such training and experience necessary to hear appeals on building, housing and technical codes. Members of the Board may be residents of the City of Antioch but are not required to be.
(B) If the Board cannot establish a quorum for a particular matter within the time limits established by law, then the City Manager is delegated the authority to appoint a temporary Board Member(s) for that particular matter, who will be a current or former employee of another jurisdiction with the requisite experience described in division (A) above.
(C) The Chief Building Official shall be an ex-officio member with no voting rights, but shall act as secretary of the Board.
(D) Appeals of a notice and order issued by the Chief Building Official or any action of the Building Official shall be in the form set forth in Section 501.1 of the “Uniform Code for the Abatement of Dangerous Buildings”, be signed by all appellants and verified by declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.
(E) Appeals shall be filed with the Chief Building Official within 30 days of the service of the order or notice of the Chief Building Official or within ten days if the property is ordered vacated.
(F) Upon receiving the appeal, the Chief Building Official shall set a date, time and place for a hearing on the appeal not less than ten days nor more than 60 days from the date that the appeal was filed. The Chief Building Official shall provide written notice of the time and place for the hearing at least ten days prior to the hearing to each appellant either by personal delivery or by mail, postage prepaid, at the address shown in the appeal.
(G) The hearing on the appeal shall be conducted in accordance with Chapter 6 of the “Uniform Code for the Abatement of Dangerous Buildings.” The Board shall render all decisions and findings in writing. The decision of the Board shall be final and conclusive.
(Ord. 2009-C-S, passed 1-22-08)