15.04.120 Board of building appeals—Powers and duties.
A. There is hereby created the city board of building appeals consisting of seven members who shall be qualified by training and experience in building construction or the building trades. All seven members shall be appointed by and serve at the pleasure of the city council. As soon as practical after the appointment of the first board, the board shall meet and organize. Thereafter, the board shall have the powers granted, and shall assume the duties, responsibilities and functions imposed by the buildings and construction code upon the board. The building director shall be a nonvoting, ex officio member and shall act as secretary of the board.
B. The board of building appeals shall resolve all appeals relating to the suitability of alternate materials and methods of construction arising under this title and shall determine reasonable interpretations of the provisions of the buildings and construction code. The board shall adopt reasonable rules and regulations, consistent with the purposes of such code, for conducting its hearings and investigations; it shall render written findings and decisions signed by its chairperson and secretary in all cases, to the building director, and serve a copy on the appellant. The board may study and recommend to the city council new legislation consistent with its purposes and function.
C. The board of building appeals created in subsection A of this section shall have the responsibility of hearing and deciding appeals of any interpretations of the rules made by the building director, for resolving decisions made by the building director upon the approval of equipment and materials and for resolving any questions concerning the granting of the special permission contemplated in a number of rules or suitability of alternate methods, in connection with the California codes adopted pursuant to Title 15 of this code.
D. The board of building appeals shall have the power and duty to:
1. Provide for final interpretation of the provisions of the uniform codes adopted by the city and to conduct hearings on the abatement of nuisances, where applicable, as provided in Chapter 8.80 of this code;
2. Hear appeals from decisions of the building director on matters pertaining to the moving of dwellings and buildings accessory thereto in the interpretation of Sections 15.44.060 and 15.44.090;
3. Hear all complaints brought by residents of the project area of the redevelopment agency and review determinations by the redevelopment agency as the relocation appeals board, established pursuant to Section 33417.5 of the Health and Safety Code and pursuant to the powers of the city as a charter city;
4. Hear appeals from the city by persons applying to such board who are aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by Chapter 16 (Relocation Assistance) of Division 7, Title 1 (commencing with Section 7260) of the Government Code;
5. Make such investigations as it deems advisable concerning housing conditions in the city and report its findings to the council;
6. Act in an advisory capacity to the council on matters pertaining to the financing of housing and related construction, housing conditions, enforcement of the Bakersfield Uniform Housing Code and recommend to the council the adoption, amendment or repeal of legislation pertaining thereto;
7. Perform such other functions and duties as may be delegated to it by the council by ordinance or otherwise;
8. Adopt such rules and regulations consistent with laws as it sees fit to conduct all business that may come before it;
9. Conduct hearings on matters pertaining to the standards for reinforcing of unreinforced masonry bearing wall buildings contained in Chapter 15.40. In the conduct of such hearings, the city shall retain a structural engineer (selected in rotation from a list recommended by Structural Engineers Association of California (SEAOC) hazardous building subcommittee) to review each appeal and submit a written report to the appeals board for its consideration at the hearing. (Ord. 4347 § 1, 2006; Ord. 4087 § 2, 2002)