The Board of Appeals is empowered to hear and decide on appeals of orders, decisions or determinations made by the Building Official, the Fire Chief or both, relative to the application and interpretation of the Monrovia Building and Safety Code. The Board shall have no authority to waive the requirements of the code.
(A) Any person adversely affected by a determination made by the Building Official or Fire Chief in administering or enforcing any provision of this code, may appeal the determination of the Board.
(B) Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the City Council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(C) The appeal shall be filed with the Director of Community Development no later than ten days after receipt of written notice of the determination and the appeal provisions of this chapter. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Building Appeals Board and a failure to exhaust administrative remedies.
(D) Within 45 days to receiving an appeal, the Building Official shall schedule a hearing before the Appeals Board which shall consider relevant evidence presented at the hearing. Appellant shall be given at least ten days written notice of the date and time of the hearing.
(E) The Building Appeals Board shall render a final written decision with findings within a reasonably prompt time after the filing of the appeal. The authority of the Building Appeals Board to render a written decision shall be limited to the scope of authority of the Building Official or Fire Code Official in the first instance and the Building Appeals Board shall have no authority to waive a requirement of this title.
(F) The decision of the Building Appeals Board shall be final and conclusive. The written decision shall be sent to the appellant and shall provide that, pursuant to Cal. Code of Civil Procedure § 1094.6, any action to review said decision shall be commenced in appropriate court of law not later than the ninetieth day after the date that the decision becomes final.
(Ord. 2019-06 § 4, 2019)