Chapter 56 - BUILDING CODES ADJUSTMENT BOARD

Sec. 55.404. - Repair and Maintenance of Leased Garages. Chapter 57 - TAXATION, REVENUE AND UTILIZATION OF EXPENDITURES COMMISSION Chapter 56 - BUILDING CODES ADJUSTMENT BOARD[1]

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Cross reference— Construction trades qualifying board, Ch. 62; construction regulations and building codes, Tit. VIII.

State Law reference— Florida Electrical Code, F.S. § 553.15 et seq.; Florida Building Code Act, F.S. § 553.70 et seq.

Sec. 56.101. - Establishment.

(a)

In accordance with applicable provisions of the Charter, a Building Codes Adjustment Board (hereinafter referred to as BCAB) is established, consisting of nine members appointed by the Council. Members of BCAB shall serve three-year terms or until their successors are appointed and qualified. The terms of the members shall be so staggered that the terms of three members shall expire one year, the terms of three members shall expire the following year, and the terms of three members shall expire the following year. No member appointed to BCAB for two consecutive full terms shall be eligible for appointment to the next succeeding term.

(b)

No member of BCAB shall hold any other public position or office in the Consolidated Government.

(c)

A member of BCAB may be removed from office for cause by the affirmative vote of two-thirds of the entire Council; provided, that, upon his request, the member so affected shall have the right to written charges and a public hearing before the Council prior to such removal.

(Ord. 69-256-210, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-676-289, § 1; Ord. 77-975-483, § 1; Ord. 83-591-400, § 1)

Editor's note— Provisions concerning or relating to the Building Codes Adjustment Board (previously called the Zoning and Building Codes Adjustment Board) were previously contained in §§ 12.101(6), 12.102—12.107, 12.701, 12.702, 21.04 and 21.05 of the Charter, all of which were made an ordinance by Ch. 72-578, Laws of Florida, and repealed by § 1 of Ord. 73-1048-513, enacted September 26, 1973.

Note— Former § 901.102.

Sec. 56.102. - Organization and procedure.

(a)

BCAB may create officers in addition to its chairman, vice-chairman and secretary and such committees of the BCAB as it may determine. The officers shall serve a term of one year and until their respective successors are selected.

(b)

Regular meetings of BCAB shall be held at least once each month and other meetings may be held at such times as established by the rules adopted by BCAB.

(c)

No final action by BCAB on the granting of an appeal or variance shall be taken without the affirmative vote of five members. In such cases, failure to receive five affirmative votes shall act as a denial by BCAB.

(d)

All members of BCAB shall vote on all matters before the Board except where absent or disqualified. If a member shall find that his private or personal interests are involved in any particular matter coming before BCAB, he shall disqualify himself from voting on the matter.

(e)

BCAB shall keep minutes of its proceedings and shall keep records of its actions which shall be a public record and filed in the office of BCAB.

(Ord. 69-256-210, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-676-289, § 1; Ord. 77-975-483, § 1; Ord. 83-591-400, § 1)

Note— Former § 901.102.

Sec. 56.103. - Powers and duties.

BCAB shall have the following powers and duties:

(a)

To make a continuous study of the building codes and to consult with the appropriate administrative officials and other interested parties as to needed amendments thereto, and recommend to the Council the adoption of such codes or amendments thereto as may be found necessary or desirable. No final action shall be taken by the Council on an ordinance related to the adoption or amendment of any of the building codes without having obtained an advisory opinion or recommendation from BCAB on the ordinance. Where the advisory opinion or recommendation of BCAB is to deny or to defeat any such ordinance, the Council shall not enact the ordinance until a public hearing on the matter has been held by the Council.

(b)

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of a building code.

(c)

Where authorized by law, to authorize such variance from the terms of the building codes as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of such codes will result in unnecessary and undue hardship.

(Ord. 69-256-210, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-676-289, § 1; Ord. 83-591-400, § 1)

Note— Former § 901.103.

Sec. 56.104. - Procedure for appeals and variances.

(a)

Appeals to BCAB as provided for in Section 56.103(b) may be taken by any person aggrieved or by any officer or agency of the City affected by the decision of an administrative official whose actions may be appealed to BCAB. An appeal shall be taken within 30 days of the time of the action which is the subject of the appeal by filing with BCAB a notice of appeal.

(b)

A notice of appeal or a request for a variance shall be filed on the forms established and provided by BCAB and all pertinent information required by the form shall be provided before the appeal or request for a variance is considered filed. The fee for an appeal or a request for a variance shall be $10 and a receipt from the Tax Collector evidencing payment of the fee shall accompany the appeal or the request; provided, that a receipt for the fee for an appeal or for a request for a variance under Chapter 518 or Chapter 548 may be issued by the Housing Safety Division.

(c)

BCAB shall, within 15 days after the timely filing of a notice of appeal or a request for a variance, docket and fix a reasonable time for a hearing thereon. BCAB shall give written notice of the time and place of the hearing to the applicant and the affected administrative official.

(Ord. 69-256-210, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-676-289, § 1; Ord. 83-591-400, § 1; Ord. 88-666-382, § 1)

Note— Former § 901.104.

Sec. 56.105. - Stay of proceedings.

An appeal shall stay all administrative proceedings in furtherance of the action appealed, unless the administrative official from whom the appeal is taken certifies to BCAB after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life and property. In the case of a certificate filed according to the previous sentence, the proceedings shall not be stayed other than by a restraining order, which may be granted by BCAB upon application, on notice to the administrative official from whom the appeal is taken and upon due cause shown by the party requesting the restraining order.

(Ord. 69-256-210, § 5; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-676-289, § 1; Ord. 83-591-400, § 1)

Note— Former § 901.105.

Sec. 56.106. - Rules for hearings; evidence; record.

(a)

BCAB shall make and publish rules for the conduct of hearings which shall include at least the right by any party to:

(1)

Present his case or defense by oral and documentary evidence;

(2)

Submit rebuttal evidence and conduct such cross-examination as may be required for a full and true disclosure of the facts;

(3)

Submit proposed findings and conclusions and supporting reasons therefor;

(4)

Make offers of compromise or proposals of adjustment;

(5)

Be accompanied, represented and advised by counsel or represent himself; and

(6)

Be promptly notified of any action taken on any appeal or request for a variance and of any BCAB action affecting substantive or procedural rights taken in connection with any proceeding.

(b)

BCAB shall receive into evidence that which would be admissible in civil proceedings in the courts of this state, but in receiving evidence due regard shall be given to the technical and highly complicated subject matter which must be handled, and exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, however, effect shall be given to the rules of evidence recognized by law in Florida.

(c)

BCAB shall promulgate appropriate rules providing for the establishment and maintenance of a record of the proceedings on all appeals and requests considered by it. A verbatim transcript of the record is not required but BCAB shall establish the record in a sufficient degree to disclose the factual basis for its final determinations with respect to an appeal or request.

(Ord. 69-256-210, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 901.106.

Sec. 56.107. - Orders.

(a)

A final order on each appeal and request for a variance shall be made within 30 calendar days of the last hearing at which the appeal or request for a variance was considered. Each final order shall contain the findings upon which BCAB's order is based.

(b)

In any order granting a variance, BCAB may prescribe appropriate conditions and safeguards in conformity with the building codes and reasonable time limits within which the action for which the variance is required shall be begun or completed, or both.

(c)

The originals of the appeal or request for a variance and the order shall remain in the records of BCAB. One copy of the order shall be furnished to the administrative official and to the applicant.

(Ord. 69-256-210, § 7; Ord. 70-650-526; Ord. 71-397-191; Ord. 71-676-289, § 1; Ord. 83-591-400, § 1)

Note— Former § 901.107.

Sec. 56.108. - Judicial review.

Decisions of BCAB in the deciding of appeals or granting of variances shall be subject to review only by the courts of the state. Any person aggrieved by any decision of BCAB, any taxpayer or any officer or agency of the City may present to the court having jurisdiction a petition for a writ of certiorari as provided by the Florida Appellate Rules. The matter shall be considered on the basis of the record before BCAB and the court shall not conduct a trial de novo.

(Ord. 69-256-210, § 8; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-676-289, § 1; Ord. 83-591-400, § 1)

Note— Former § 901.108.

Sec. 55.404. - Repair and Maintenance of Leased Garages. Chapter 57 - TAXATION, REVENUE AND UTILIZATION OF EXPENDITURES COMMISSION