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Any notice required to be served on a person pursuant to the provisions of building regulations adopted by this title shall be deemed served when made in writing and either personally delivered to such person or deposited in the U.S. mail, registered and postage prepaid, addressed to such person’s last known address. However, when a notice is required to be served on the owner of any premises on which a building or structure, building service equipment or sign is located, such notice may be served by depositing a copy of same in the U.S. mail, registered and postage prepaid, addressed to the owner of the premises at the owner’s address as it appears on the last equalized assessment roll of the County of Butte. Service of a notice by mail in the manner provided by this section shall be effective on the date of mailing and the failure of any person to receive such notice shall not affect the validity of the notice.
(Ord. 1646 §1 (part), Ord. 2268)
A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the building official under the building regulations adopted by this chapter, may apply to the director for administrative review of such determination or action.
B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by a building official shall be in writing and shall be filed in the office of the director no later than 15 days following the date such determination or action was made or taken, or where a written notice of such determination or action is required to be served, the date such notice is served, provided that the director may extend the time for filing an application for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the building official, such application shall contain a brief statement of the reasons why the applicant believes that such determination or action does not comply with the building regulations adopted by this title and the relief requested by the applicant from such determination or action.
C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the building official, the director shall consider the application and render a decision either affirming the determination or action of the building official or reversing or modifying such determination or action. Prior to rendering a decision, the director may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision, provided notice of the date, time, and place of such hearing is served a reasonable time prior to such hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision. After rendering a decision the director shall promptly inform the building official of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision.
D. Stay of Determination Made or Action Taken by Building Official Pending Administrative Review. Any determination made or action taken by the building official, save and except for an order revoking a permit, an order to stop work on a building or structure, building service equipment or sign, an order to vacate a building or structure, or an order to disconnect building service equipment which is made by the building official pursuant to Chapter 16.16 of this title, shall be stayed pending a decision of the director on an application for administrative review of such determination or action.
(Ord. 1646 §1 (part), Ord. 2012 §3 (part), Ord. 2268, Ord. 2364 §317)
A. Right to Appeal. Any person aggrieved by a decision of the director following the filing of an application for the administrative review of a determination made or action taken by the building official, may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code, provided that any person aggrieved by a decision of the director which relates to handicapped access requirements, shall appeal such decision to the handicapped appeals board, if a handicapped appeals board has been established by the provisions of this code.
B. Stay of Decision of Director Pending Appeal. Any decision of the director on an application for administrative review of a determination made or action taken by the building official, save and except for a decision affirming or modifying an order revoking a permit, an order to vacate a building or structure, building service equipment or sign, or an order to disconnect building service equipment which was made by the building official pursuant to Chapter 16.16 of this title, shall be stayed pending a decision of the city council on such appeal.
(Ord. 1646 §1 (part), Ord. 2004 §20, Ord. 2012 §3 (part), Ord. 2364 §318)
A person shall be deemed “aggrieved” for purposes of the administrative review of a determination made or action taken by the building official and for purposes of the appeal of a decision of the director following the filing of such application for administrative review, if such determination, action or decision has a significantly greater effect on such person than on the public in general.
(Ord. 1646 §1 (part), Ord. 2012 §3 (part), Ord. 2364 §319)
The building regulations adopted by this title shall not apply to nor govern any building or structure, building service equipment, or sign where the local regulation of such building or structure, building service equipment, or sign is preempted by any federal or state law. Provided, however, that the purpose of this section is merely to confirm existing law and is not intended to grant an exemption or exclusion from compliance with the city's building regulations in any instances where the city may exercise jurisdiction under the laws of the federal and state government as well as the city Charter and this code.
(Ord. 1646 §1 (part))