Ordinance 2702CITY OF ALAMEDA ORDINANCE NO.
New Series
2702
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION2-16 (HOUSING AND BUILDING CODE HEARING AND APPEALS
BOARD) TO ARTICLE II (BOARDS AND COMMISSIONS), CHAPTER II
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
section The Alameda Municipal Code is hereby amended by
adding section 2-16 (Housing and Building Code Hearing and Appeals
Board) to Article II (Boards and commissions), Chapter II
(Administration), to read:
2-16 HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD
2-16.Def ini tions.
2-16.Building Code shall mean collectively or individually,
the Alameda Building Code , the Alameda Electrical Code , the Alameda
Plumbing Code, the Alameda Mechanical Code , the Alameda Fire Code
the Alameda Housing Code and the State Housing Laws.
2-16.Building Official shall mean the Chief Building
Inspector, Fire Marshall or Code Enforcement Off icer, or his/her
appointed or designated representatives.
2-16.Board Created; Number of Members; Appointment.
There is hereby
Hearing and Appeals Boardfive (5) members nominated
Council.
created a Housing and Building Code
("the Board"), which shall consist of
by the Mayor and appointed by the City
2-16.Duties.
It shall be the duty of the Board:a. To hear and decide appeals from orders , decisions ordeterminations made by the Building Official regarding the
application and interpretation of the Alameda Building Code , the
Alameda Electrical Code , the Alameda Plumbing Code , the Alameda
Housing Code , and all determinations made by the Fire Marshall
regarding the application of the Alameda Fire Code.b. To hear and decide appeals from orders , decisions or
determinations made . by the Building Official regarding the
requirements of the City relating to the use, maintenance and
change of occupancy of hotels , motels , lodg inghouses , apartmenthouses and dwellings , or portions thereof, and buildings and
REVISED 8/05/95
structures accessory thereto, including requirements governingalterations, additions , repair , demolition and moving of suchbuildings.c. To perform such other duties as may be assigned to
it by the City Council.
2-16.Qualifications; Term of Office; Removal.
Members of the Board shall be persons who are qualifiedby experience and training to pass on matters pertaining to
building construction who are not employees of the City of Alameda.
In making appointments to the Board , preference shall be given toresidents of the City of Alameda. The City Council shall endeavor
to appoint persons who are knowledgeable in the construction or
design of buildings who are familiar with the content and
application of the Uniform Codes.
Members shall serve at the pleasure of the City Council.
A member shall serve a term of four (4) years , and until
his or her successor is appointed and qualif ied. The initial terms
of two (2) members shall be for a period of two (2) years , and the
initial terms of three (3) members shall be four (4) years. All
terms shall commence on October
Members of the Board may be removed from office for any
reason by a maj ori ty of the City Council. A vacancy shall be
filled in the manner provided in Section 2-16.2. Any person so
appointed shall serve the unexpired term, and until a successor is
appointed and qualified.
2-16.Ex Officio Member
be anshall
The Chief Building Inspector , or his/her designee , shall
ex off icio member of and act as secretary to the Board , but
have no vote on any matter before the Board.
2-16.Rules of Procedure; Decisions of the Board.
The Board shall adopt rules of procedure for conducting
its business , and shall render all decisions and findings in
wri ting to any appellant with a duplicate copy to the ChiefBuilding Inspector.
2-16.Meetings; Notices.
The Board need not schedule regular meetings , but may
meet as may be necessary to hear appeals from the determination of
the Building Official. Such meetings shall be noticed as special
meetings pursuant to the Ralph M. Brown Act , California "Government
Code sections 54950 et seq., as amended.
REVISED 8/05/95
2-16.Limitation on Authority
Theinterpretation
Code nor shall
Building Code.
Board shall have no authority relative
of the administrative provisions of the Building
the Board be empowered to waive requirements of the
section 2 Any provisions of the Alameda Municipal Code , or
appendices thereto , or any other ordinances of the City of Alameda
inconsistent herewith , to the extent of such inconsistencies and
further, are hereby repealed.
section If any section , subsection , sentence , clause , or
phrase of this ordinance is for any reason held to be invalid orunconstitutional by the decision of any court of competent
jurisdiction , such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each sectionsubsection, sentence , clause , and phrase thereof , irrespective of
the fact that any one or more sections , subsections , sentences
clauses , or phrases be declared invalid or unconstitutional.
Section 4 This ordinance shall be in full force and effect
from and after the expiration of thirty (3 0) days from the date of
its final passage.
PreSl lng 0 lcer 0 t e Cl ty Councll
Attest:
lfrY// ;/ci ty Clerk
REVISED 8/05/95
, the undersigned hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 9th day
of September , 1995 , by the following vote to wit:
AYES:Counc.i:lmembers Arnerich , DeWi.tt , Lucas
Mann.i: and Pre.sident Appezzato -
NOES:None.
ABSENT:None.
ABSTENTIONS:None..
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of said city this 20th day of tember , 1995.
Wffl
tiLDia B. Felsch , City
city of Alameda
Clerk