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HomeMy WebLinkAbout1995-03-07 RecommendationCity of iowa City MEMORANDUM Date: March 3, 1995 To: City Council From: Ron Boose, Senior Building Inspector Re: New Bylaws for the Board of Appeals The accompanying new bylaws reflect the additional responsibilities and increased membership that the Board of Appeals has accepted over the past two years. Most of these changes have been incorporated within the ordinances which adopted the building, plumbing and electrical codes, and are simply repeated in these bylaws. Some of the changes are as follows: - Establish a regular monthly meeting schedule. - Expand Board membership to seven. - Specify required qualifications for five of the seven members. - Allow appointments for unexpired terms plus one full term. - Delineate additional responsibilities. - Establish authority to collect fees to compensate for staff time involved in researching appeals and proposals. bl~bylaw$ boa BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meet n¢ls Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetinqs. Special meetings of the members may be called by the Chair- person or the Building Official. Section 3. Place of Meetinqs. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meetinq. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the State Open Meetings Law. Section 5. Quorum, A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction, All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2, Buildinq Official, The Building Official shall be an ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member, Section 6. Resiqnations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occur- ring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term, Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1..A..qenda The Chairperson or a designated representative, together with appropri- ate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. 3 Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated represen- tatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes. The Board shall also hear evidence and decide upon the appropriateness of proposed alternate materials and methods of construction to those prescribed by the aforementioned codes. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals and requests for use of alternate materials or methods of construction shall be in writing and shall be directed to a specific staff decision or code requirement. Board consideration shall be limited to said specific item. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the appellant or applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the interpre- tation of the administrative provisions of the codes under their jurisdiction nor shall the Board be empowered to waive specific requirements of the Building, Electrical, Plumbing, Mechani- cal, Dangerous Buildings or Fire Codes. 4 ARTICLE VI, FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compen- sating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Upon approval by the City Council, such by-laws shall take force and effect. h~sblg~bylaws.boa