HomeMy WebLinkAboutord1985-0121
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INTRODUCED BY Consent
PROPOSED BY Public Works
DATE February 7, 1985
ORDINANCE NO. g5_1 2
AN ORDINANCE TO ESTABLISH THE COUNTY APPEALS
BOARD AND TO SET FORTH THE MAKE -UP OF THE BOARD,
THE AUTHORITY, DUTIES AND RESPONSIBILITIES THEREOF
AND THE CRITERIA FOR APPOINTMENT THERETO.
WHEREAS, The Whatcom County Council has adopted certain uniform codes and ordinances
and other related ordinances which provide standards for fire prevention and building con-
struction; and
WHEREAS, Several of these uniform codes and related ordinances provide for a board of
appeals or similar body to hear appeals of administrative interpretations of each respective
code; and
WHEREAS, The Whatcom County Council has determined that it is neither desirable nor
practical to establish a separate appeals board or similar body to hear appeals for each
separate code or standard for fire prevention and building construction.
WHEREAS, A single County Appeals Board will provide an effective and efficient means of
reviewing such matters.
NOW THEREFORE BE IT ORDAINED:
Section
1:
Purpose
- The
purpose
of this ordinance
is to
establish a single board of
appeals
to
be known
as the
County
Appeals Board
with
the authority, duties and
responsibilities to function in the capacity of the Board of Appeals as set forth in the
Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and the Uniform
Code for the Abatement of Dangerous Buildings; as the Housing Advisory and Appeals Board
as set forth in the Uniform Housing Code; and to function as the Appeals Board for certain
other construction related codes as set forth herein.
Section 2: Board Established - Appointment of Members
There is hereby established a County Appeals Board which board shall consist of seven
members, appointed by the County Executive, subject to confirmation by a majority of the
County Council. Two members of the seven member board shall be lay members, two
ORDINANCE -1-
Date drafted: 1/25/85
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members shall be persons, who by experience or training are knowledgeable of fire
prevention. The remaining three members shall be from the building, plumbing, mechanical
or other construction trades or from the construction design professions including but not
limited to architectural or engineering.
Section 3: Terms of Membership - Members of the Board shall remain on the Board for
the period of their present appointments. Two additional Board members, which will
increase the present Board membership from five (5) to seven (7) members, shall be
separately appointed and shall initially serve terms which shall end on December 31, 1986.
Thereafter all appointments to the present five Board positions and the two
additional positions established by this ordinance shall be for 3 years, provided that any
vacancies shall be filled for the period of the unexpired term.
Section 4: Regulations Revardine Compensation and Interest in Subiect Matter
Members shall not receive compensation from the county for their services as members of
the Board. Provided that, if the Board, by majority vote, convenes a special Board meeting
at a location within Whatcom County other than that established by Board rules, the
members of the Board shall be reimbursed for travel expenses at the usual county per -mile
travel expense rate computed at twice the distance from the Board members place of
residence to the special Board meeting location. The County shall provide the members of
the Board with copies of the codes listed in Section 7. A member, the member's firm, or
any agent or representative of the member shall not be precluded from receiving
compensation from the county for services rendered outside his duties as a Board member,
provided, that any member having an interest or who is contemplating acquiring an interest
in any paticular transaction, contract or project must abstain from any participation in the
deliberations of the Board regarding said subject matter, and provided further that in any
event a Board member shall abstain from any deliberation upon a given subject if a
disinterested person, having been apprised of the totality of a Board member's personal
interest in a matter being acted upon, whether financial or otherwise, would be reasonably
justified in thinking that partiality may exist.
ORDINANCE -2-
Date drafted: 1/25/85
1 Section 5: Election of Chairperson — Adoption of Procedures - The Board shall meet
2 annually to elect a chairperson; provided, that no member shall serve as chairperson for
3 more than two consecutive one -,year terms. The Board shall adopt procedures governing the
4 time, place and conduct of its meetings and hearings and such other administrative rules,
5 regulations or procedures as may be necessary to accomplish their duties. A copy of the
6 Procedures, Rules and Regulations shall be placed on file with the Building Official for
7 Whatcom County and be made available to the public upon request during normal business
8 hours.
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10 Section 6: Cooperation of County Officials -The Board may request and shall receive
11 so far as may be necessary in the discharge of its duties, the assistance and cooperation of
12 officials of the county.
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14 Section 7: Powers Designated — Appellate Function:
15 (a) The Board shall have the power and jurisdiction to receive and rule on appeals from
16 any administrative decision concerning the following codes and ordinances:
17 (1) Uniform Building Code /UBC Standards /Dwelling Construction under the
18 UBC
19 (2) Uniform Mechanical Code
20 (3) Uniform Housing Code
21 (4) Uniform Code for the Abatement of Dangerous Buildings
22 (5) Physically Handicapped Code
23 (6) Uniform Solar Energy Ccde
24 (7) Uniform Plumbing Code
25 (8) Uniform Fire Code
26 Any person aggrieved by a ruling made pursuant to the administration of the above
27 listed codes and ordinances may obtain review thereof by filing an appeal within 15 days of
28 the date of the administrative decision. The appeal shall be initiated by submitting a
29 written notice of appeal to the Clerk of the Board. Notice of appeal shall be on a form
30 provided by the Clerk of the Board and shall include at a minimum the following
31 information: name, address and telephone number of appellant, location of the job or
32 building site, decision being appealed, and applicable code or ordinance. Answer to the
ORDINANCE -3-
Date drafted: 1/25/85
1 appeal shall be made by the official whose decision is being appealed within 15 days of
2 receipt of the appeal notice.
3 Section 8: Record and Findings on Appeal - All hearings on appeals before the Board
4 shall be open to the public and a verbatim record of each hearing shall be kept by electric
5 or mechanical means. Each final decision of the Board shall be in writing and shall include
6 findings and conclusions, based upon the record, to support the decision. All parties to the
7 appeal shall be notified of the Board's decision by the delivery of a copy of said decision to
8 the party either in person or by mail. A copy of the record, or any part thereof, shall be
9 transcribed and furnished to any person upon request therefor and payment of reasonable
10 costs for preparation thereof.
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12 Section 9: Scope of Review - In exercising the powers granted herein, the Board may,
13 in conformity with the applicable code or ordinance reverse or affirm, wholly or in part, or
14 may modify the order, requirement, decision, or determination appealed from, and may
15 make such order, requirement, decision, or determination as should be made, and to that
16 end, shall have all powers of the officer from whom the appeal is being taken, insofar as the
17 decision, on the particular issue is concerned, and in making its determination the Board
18 may hear any pertinent facts bearing on the case.
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20 Section 10: Finality of Board Decision— Reconsideration
21 (a) The decision of the Board shall be deemed final, except that the Board may
22 reconsider any decision made by it upon a timely motion in writing submitted by a party to
23 an appeal within seven days of the date of mailing of the Board's decision.
24 (b) Reconsideration may be granted to all or any of the parties and on all or part of the
25 issues, when such issues are clearly and fairly separable and distinct, on the motion of the
26 party aggrieved for any one of the following causes materially affecting the substantial
27 rights of such parties:
28 1. Irregularity in the proceedings of the Board, by which such party was
29 prevented from having a fair hearing;
30 2. Misconduct of a prevailing party; or
31 3. Newly discovered evidence, material for the party making the application,
32 which he could not with reasonable diligence have discovered and produced at the hearing.
ORDINANCE -4-
Date drafted: 1/25/85
1 (c) When a motion for reconsideration is served and filed, the Board shall determine
2 whether the motion shall be heard and, if so, schedule the time and nature of the hearing.
3 The Board shall notify the parties whether the motion or motions shall be heard on oral
4 argument or submitted on briefs, and if on briefs, shall fix the time within which the briefs
5 shall be served and filed.
6 (d) The decision of the Board, upon reconsideration, shall be made in writing. In the
7 event the Board modifies its previous decision or deems that new findings and conclusions of
8 law are necessary as a part of the decisions then the Roard shall proceed to have new
9 findings and conclusions drafted.
10 (e) Should a party aggrieved by a decision of the Board desire to seek judicial review of
11 the Board's decision, as hereinafter provided, it shall not be deemed necessary for the party
12 to first seek a reconsideration of the Board's decision in order to satisfy the doctrine of the
13 exhaustion of administrative remedies.
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15 Section 11: Appeal of Board Decision - Any party to an appeal who is aggrieved by a
16 final decision of the Board may appeal said decision by filing the appropriate pleadings in
17 the Superior Court of Whatcom County within 30 days of notification of the Board's decision
18 in accordance with RCW 34.04.130. For purposes of measuring the 30 -day period, the
19 period shall begin from the date of mailing such decision.
20 Provided, in the event a timely motion for reconsideration is filed pursuant to
21 Section 10, supra, the time period for appeal shall be ten days from the date on which the
22 motion is decided. The ten day period in such instance shall begin from the date of mailing
23 such decision.
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25 Section 12: Quorum - A majority of the Board shall constitute a quorum. A quorum of
26 the Board shall be necessary to hear all appeals.
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28 Section 13: Emergency Hearings - In the event that it appears that the public health,
29 safety or welfare may be significantly affected by a delay in scheduling a hearing or
30 rendering a decision, the chairperson of the Board shall be empowered to convene the Board
31 for purposes of hearing said appeal, or rendering such decision, at such earlier date, time,
32 and location as he or she shall deem appropriate.
ORDINANCE -5-
Date drafted: 1/25/85
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Notice of such hearing shall be given to the parties at the earliest point in time pos-
sible and shall also be posted in the County Courthouse.
Section 14: Records — Notice of Meetings and Hearings
(a) Notice shall be given prior to any hearing on an appeal to all parties to the appeal by
placement of the notice in the mails at least ten days prior to the date of hearing, except as
hereinbefore provided.
(b) Notice shall also be posted in the County Courthouse of any and all hearings and
meetings at least ten days in advance of such hearings or meetings except as hereinbefore
provided.
(c) The Board shall maintain records and minutes of all meetings, hearings, and of any
actions it may take. Such records shall be kept in a file open to the public in the office of
the Building Official by such person as he may delegate, and for such time period as may be
required by law.
(d) The County Executive shall designate a Clerk of the Board.
Section 15: Repealer - Repealing all other existing ordinances and resolutions in
conflict herewith.
ADOPTED this 21st day of February, 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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22 ATTEST--
23 \
24 11 Ca_ �ol'-Ebergson
Clerk of the Council
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APPROVED AS TO FORM:
Deputy Prosecuting Attorney
Published: 2/13/85
and 2/27/85
This ordinance becomes effective on
ORDINANCE -6-
Date drafted: 1/25/85
William P. Roehl
Chairman
(01' APPROVED () VETOED
IL. L kv awL
,. hir ey VanjVanten
County Executive
Date signed: