Skip to code content (skip section selection)
(a) Appeal right. Any person aggrieved by a decision or action taken by the Building Official or the Department of Community Development on any building permit, paving permit or development permit (including a major or minor modification) being reviewed by that department and concerning the application of state law, federal law, Title 24 of the California Code of Regulations, City ordinances, or City policies, governing access of the disabled to public accommodations and facilities in building or facilities constructed with private funds, may file an appeal to the Board concerning that action with the
Building Official. However, there is no right of appeal to a departmental decision required to meet specific numerical standards of Title 24 when no exception, exemption or other relief is authorized by that law. An “aggrieved” person for the purpose of this chapter shall mean the applicant for the permit subject to departmental action or any other person.
(b) Time of appeal. The applicant for a City development permit, filed with the Department of Community Development, may request an early appeal of any decision of that department concerning disabled parking or exterior access for that project. Also, appeals may be filed under the City’s Special Accommodations/Lack of Access procedures as contained in the ADA Self Analysis for City of Thousand Oaks programs. All other appeals shall be filed within ten (10) days of the issuance of the tentative building paving or development permit. These permits shall be conditionally issued and subject to the ten (10) day appeal period. The Department of Community Development and the Building Official shall publicly post a list of all building permits, development permits and exceptions subject to Title 24, such as are approved in order to provide the public with notice of permits which an aggrieved person may wish to appeal.
(c) Form: Fees. The appeal shall be on the City approved form and clearly set forth the grounds and basis for the appeal. No appeal shall be considered by the Disabled Access Appeal and Advisory Board except upon the grounds stated. Except for an appeal of a special accommodation/lack of access involving City administered programs, no appeal shall be deemed filed and accepted unless the appeal processing fee is paid at that time by the appellant in the amount as determined by City Council resolution to cover the cost connected with processing that appeal.
(d) Hearing: Notice: Appeal to Council. The Board shall hold a noticed public hearing and make its determination on the appeal within thirty (30) days of its filing with the Building Official and issue its decision by resolution containing the required findings. Notice shall be published and posted in a conspicuous place at City Hall at least ten (10) days prior to the hearing. The notice of the time and place of the hearing shall also be mailed to the appellant and the affected permit applicant at least ten (10) days prior to the hearing. This hearing may be set beyond thirty (30) days, providing a written waiver of such time limit is given by the permit applicant. If the Board fails to act on any appeal within the time limit specified in this subdivision, then the action of the Building Official on the matter shall be final subject to appeal to the City Council. The appeal to the Council shall be filed within five (5) days of the Board’s decision. The appeal to the Council shall be on the City’s approved form, filed with the Building Official. No appeal shall be considered unless the appropriate fee is paid upon filing. The Council shall hear the appeal within thirty (30) days of its filing.
(e) Open hearings. The Board’s public hearings shall be open to the general public with a public concerns opportunity and an agenda posted pursuant to the requirements of state law (the Brown Act).
(§ 1, Ord. 1037-NS, eff. July 25, 1989, as amended by § 3, Ord. 1173-NS, eff. March 2, 1993, and § 2, Ord. 1294-NS, eff. October 2, 1997)