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HomeMy WebLinkAbout2532 Board of AppealsOrdinance No.~._~,,~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 20.06, BOARD OF APPEALS, OF TITLE 20, ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS, OF THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, Chapter 16.04 of the Port Townsend Municipal Code adopts various state uniform codes; and WHEREAS, the City desires to establish a board of appeals for the purpose of hearing appeals from the building official or fire chief's interpretation of such codes; and WHEREAS, pursuant to section 105 of the 1994 Uniform Building Code, the board of appeals is to consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction; NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: ~ A new Chapter 20.06, Board of Appeals, of the Port Townsend Municipal Code is hereby created to read as follows: TITLE 20 ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS Chapters: 20.01 Land Development Administrative Procedures 20.02 Interpretation of Land Development Codes 20.03 20.04 20.05 20.06 Board of Appeals 20.07 20.08 20.09 I_and Development Permit Application and Appeal Fees 20.10 Land Use Administration and Enforcement Sections: 20.06.010 20.06.020 20.06.030 Board of appeals created - Purpose. Appointments. Procedures of the board. 20.06.040 20.06.050 20.06.060 20.06.070 Appeal procedure. Right of official to seek recommendation. Stay or order - Enforcement. Decisions of board - Appeal to court. 1. or later amended; CHAPTER 20.06 BOARD OF APPEALS 20.06.010 Board of appeals created - Purpose. A. There is created and established a board of appeals, referred to in this chapter as the board, for the purpose of determining suitable alternate materials, alternate types and methods of construction and reasonable interpretations of the following codes: Washington State Uniform Building Code, WAC 51-30, as now adopted 2. Washington State uniform Mechanical Code, WAC 51-32, as now adopted or later amended; 3. Washington State Uniform Fire Code, WAC 51-34 and 51-35, as now adopted or later amended; 4. Washington State Uniform Plumbing Code, WAC 51-26 and 51-27, as now adopted or later amended; 5. Washington State Barrier Free Facilities and Design Code, WAC 51-30- 005, as now adopted or later amended; 6. Washington State Ventilation and Indoor Air Quality Code, WAC 51-13, as now adopted or later amended; 7. Washington State Energy Code, WAC 51-11, as now adopted or later amended; and 8. Washington State Water Conservation Performance Standards, WAC 51- 26-1800, as now adopted or later amended. B. The board shall not have the authority to waive code requirements, or to consider or determine any matter arising under zoning or land use ordinances. 2 Ord~,~ 20.06.020 Appointments. The board shall consist of five members, who shall be appointed by the mayor. Appointment shall not be subject to confirmation by the city council. Such members shall be persons who are qualified by experience and training to pass upon matters pertaining to the codes listed in 20.06.010(A). The appointments shall be for a two-year term. Vacancies shall be filled by appointment of the mayor for the unexpired term. The city building official, or his/her designee, shall be an ex-officio member of the board and shall act as secretary of the board. 20.06.030 Procedures of the board. A. Voting Procedures. All members of the board, except the building official, shall have a vote on matters coming before the board. The majority vote of a quorum shall constitute the official action of the board. The presence of three voting members, having the right to participate in the matter in hearing at a regular or legally called meeting, shall constitute a quorum with full authority to function as a board. B. Selection of Chair - Keeping of Minutes. The board shall select a chair from its voting members who shall serve as the presiding officer. The secretary shall keep permanent minute records of all meetings, proceedings and actions taken by the board. C. Investigations. The board shall adopt reasonable rules and regulations for conducting its investigations. D. Board Hearings - Adoption of Findings and Conclusions. The board is a quasi- judicial body, which must conduct hearings in accordance with the Open Public Meetings Act. Following the heating, the board shall adopt written findings and conclusions supporting its decision, The findings and conclusions shall be delivered to the building official and a duplicate copy mailed to the appellant by postage paid, first-class mail. 20.06.040 Appeal procedure. A. Who May Appeal. Any person or persons aggrieved by a written interpretation of the building official or other official charged with the interpretation of the respective codes set forth in Section 20.06.010(A) may appe~ the decision to the board. B. Time Line for Filing - Fee. Appeals must be filed with the department of building and community development (BCD) together with the required filing fee as set forth 3 in Chapter 20.09 PTMC. The appeal must be filed within 14 calendar days from the date of the written decision being appealed. C. Content of Appeal. The appeal must contain a concise statement identifying the decision being appealed, the name and address of the appellant and his/her interest in the matter, the specific reasons why the appellant believes the decision to be wrong and the desired outcome or changes to the decision. D. Notice of Hearing. Hearings shall be at reasonable times at the convenience of the board, but not later than 15 calendar days from the receipt of the appeal. Notice shall be given to the appellant personally or by mailing a copy of the notice by first class mall to the address shown on the written appeal. E. Heating. The appellant may appear in person before the board or may be represented by legal counsel or a consultant, and may introduce evidence to support his/her claims. The appellant shall cause to be made at his/her own expense any test or research required by the board to substantiate the claims. F. Waiver of Right to Board Hearing. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of his/her right to an administrative hearing and adjudication of the official's decision. 20.06.050 Right of official to seek recommendation. The building official or any department head of the city shall have the right, without the payment of any filing fee, to submit to the board a proposition or question for its consideration and recommendation. It shall be the duty of the board to consider such matter and make its recommendation as on any other matter within its jurisdiction set forth in this chapter. 20.04.060 Stay of order - Enforcement. A. Enforcement. Orders of the board may be enforced, work performed and costs recovered under the provisions of chapter 20.10 PTMC, or by any other means available at law or equity. · B. Stay of Decision. Enforcement of any notice and order or other ruling of the building or other official, which may be appealed to the board, shall be stayed during the pendency of a properly and timely filed appeal, with the exception of stop work or emergency orders. 4 Ord.~-5'',~,'7-~ 20.06.070 Decisions of board - Appeal to court. Any order of the board shall be final and conclusive unless appealed to the Jefferson County Superior Court within 21 days from the date of the board's decision, consistent with the requirements of the Land Use Petition Act, 36.70C, et seq. 20.06.070 Conflict with other procedures. In the event of a conflict between the appeal or,public heating procedures set forth in this Chapter 20.06 and those found elsewhere in the Port ToWnsend Municipal Code, the requirements and procedures set forth in this Chapter 20.06 shall apply. Section 2. Severability. If any provision of this ordinance or its application.to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect July 15, 1996. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 17th day of June, 1996. Attest: / _ Vera Franz, Acting Ci~)erk A~~~~ ' 7~ a~h~!~omey 06/12/96 [96-015] Ord\{Ch20-06.doc} Julie(!~cCulloch, Mayor 5 Ord.