Section 113 of Chapter 1 of the California Building Code is amended to read:
SECTION 113
MEANS OF APPEALS
113.1 Appeals. A person requesting an order, decision, or determination by the building official relative to the California Building Code (as amended) may appeal such order, decision or determination by completing a request for hearing form and returning it to the City within thirty calendar days from the date of the decision, together with all applicable fees authorized by the City's Municipal Fee Schedule. A request for hearing shall be based on a claim that the true intent of the California Building Code (as amended) or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed.
(a) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(b) If the building official submits an additional written report concerning the decision to hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five days prior to the date of the hearing.
(c) The appeal procedure set out in this Section 113.1 et seq. does not apply to: (1) decisions by the building official or any other City official related to administrative enforcement actions taken under Chapter 1.12 or Chapter 1.16 of the Palo Alto Municipal Code; (2) decisions by the City to enforce the California Building Code under any provision of criminal law; or (3) any other action taken by the City that specifies its own appeal procedure.
113.2 Hearing Officer. The building official shall designate a hearing officer for the appeal hearing. The hearing officer may consist of one person or a body of people. The hearing officer shall not be the building official or any directly subordinate employees.
(a) The hearing officer does not have authority to waive requirements of the California Building Code (as amended) or interpret the administration of the Code.
(b) The hearing officer does not have authority to issue an order, decision, or determination on his or her own authority. This includes the issuance or amendment of building permits.
(c) The hearing officer shall be qualified by experience and training to pass on matters pertaining to building construction.
113.3 Hearing procedures.
(a) No appeal hearing before a hearing officer shall be noticed unless the applicable fee(s) been paid in advance in accordance with Section 113.1.
(b) A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The party requesting the hearing may request one continuance for any reason, provided that the hearing officer is given the request for continuance at least forty-eight hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than ninety days after the request for hearing was made. A request for continuance made less than forty-eight hours before the scheduled hearing may be granted by the hearing officer based upon exigency only. The parties may stipulate to an alternative hearing date schedule outside of these rules upon a finding of good cause and approval from the hearing officer.
(c) At the hearing, the appellant shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the appeal. The appellant may appear personally or through a representative. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.
(d) The failure of the appellant to appear at the hearing or, in the alternative, to present written or demonstrative evidence shall constitute the dismissal of the appeal with prejudice.
(e) The administrative record and any additional report submitted by the building official shall constitute presumptive evidence of the respective facts contained in those documents. The building official shall have the same rights as the appellant to testify, present evidence, and cross-examine witnesses concerning the appeal.
(f) The hearing officer may continue the hearing and request additional information from the building official or appellant prior to issuing a written decision.
113.4 Hearing Officer's decision.
(a) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or amend the building official's order, decision or determination, and the reasons for that decision. The decision of the hearing officer shall be issued within thirty days following completion of the hearing. The decision of the hearing officer shall be final upon service on the appellant, subject only to judicial review as allowed by law.
(b) The hearing officer shall consider any written or oral evidence submitted at the hearing consistent with ascertainment of the facts regarding the issues of the appeal.
(c) If the hearing officer determines that the building official's order, decision, or determination should not be upheld as originally given, then the hearing officer shall direct the building official to make any amendments or changes necessary to implement the hearing officer's decision. The hearing officer shall also give the building official a reasonable deadline to complete such actions.
(d) The appellant shall be served with a copy of the hearing officer's written decision within ten calendar days following its issuance.
(Ord. 5564 § 1 (part), 2022)