Loading...
HomeMy WebLinkAboutVII(I2) Initial Appointments To Construction Board Of Adjustment And Appeals >bvuuu �.-I.iL.v�cL, Item VII I 2 - "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoes S. SCOTT VANDERGRIFT °� pri(s CITY OF OCOEE COMMISSIONERS- a 150 N.LAKESHORE DRIVE DANNY HOWELL v r`` OCOEE,FLORIDA 34761-2258 (407)905-3100 RUSTY JOHNSON yrf� y..}, NANCY J.PARKER Of GOOD (407)656-5725 FAX CITY MANAGER FROM THE OFFICE OF JEAN GRAFTON, CITY CLERK JIM GLEASON MEMORANDUM To: The Honorable Mayor and City Commissioners From: Jean Grafton, City Clerk Date: February 12, 2002 Re: Initial Appointments to Construction Board of Adjustment and Appeals This new Board is established with the adoption of Ordinance No. 2002-02, which creates a new Chapter 51 of Ocoee Code of Ordinances. The purpose of the Board is to hear appeals of decisions of the Building and Zoning Official related to interpretation and implementation of the Florida Building Code. Sections 51-35 thru 51-37 pertain to the new Board and they are attached. Membership on the Board should include the following among its members: 1. Three of the following: a Division 1 contractor; an electrical contractor; a mechanical contractor; a plumbing contractor; an architect; or an engineer. (May live within or outside City limits.) 2. Two members of the general public. (Must reside in incorporated limits of City of Ocoee.) Terms of office shall be staggered so no more than one-third of the Board is appointed or replaced in any twelve-month period. The initial members of the Board shall be appointed by the City Commission as follows: 1. Two (2) members shall be appointed for a term of one (1) year. 2. Two (2) members shall be appointed for a term of two (2) years. 3. One (1) member shall be appointed for a term of three (3) years. Staff Recommendation Staff respectfully recommends that the Honorable Mayor and City Commissioners appoint five members to this Board as provided above. mg Attachments: Sections 51-35 thru 51-37 PowT Pro[ect[knee's l'lztcr ncsourcos § 51-15. Permits not transferable; subsequent permits. No permit shall be transferable, and the issuance of a permit for certain work shall not preclude the issuance of a subsequent permit for the same work. § 51-16. Correction and reinspection of violations. In the event that the Building Department,upon inspection, shall find any work not in compliance with this Chapter or the Florida Building Code,the person doing said work shall promptly do everything necessary to bring said work within the requirements of this Chapter or the Florida Building Code. The Building Department shall then,upon notice from such person, reinspect said work after payment of such reinspection fee as is established and from time to time amended by duly adopted ordinance or resolution by the City Commission. §51-17. Investigation of complaints; notice of unsafe conditions. The Building and Zoning Official shall examine all buildings and premises about which a complaint concerning construction, alteration, repairing, remodeling or demolishing or plumbing, electrical, mechanical, air-conditioning, heating,refrigeration,ventilation or other system work is made and shall, upon evidence of an unsafe condition, condemn such building and notify the owner or his agent to make the necessary corrections in accordance with the requirements of this Chapter and the Florida Building Code. Such notice shall be made in writing and specify a time certain for compliance. Any person failing to place the building or applicable electrical, mechanical, plumbing, air-conditioning, refrigeration, heating,ventilation, swimming pool or other system in a proper and safe condition as instructed by the Building and Zoning Official within the reasonable time fixed by the Building and Zoning Official, shall be in violation of this Chapter., § 51-30. Enforcement procedures. The procedures set forth in Chapter 7,Enforcement of Code, shall apply to this Chapter. § 51-31. Penalties for offenses. Any person violating any provision of this Chapter shall, upon conviction,be punishable as provided in § 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense. § 51-35. Construction Board of Adjustment and Appeals. A. There is hereby established a board to be called the Construction Board of Adjustment and Appeals,which shall consist of five(5) members. The Board shall be appointed by the City Commission. new^A'7 12 B. The Construction Board of Adjustment and Appeals should include the following among its members: 1. Three of the following: a Division 1 contractor; an electrical contractor; a mechanical contractor; a plumbing contractor; an architect; or an engineer. 2. Two members of the general public. Board members from the general public shall reside within the incorporated limits of the City of Ocoee. All other Board members may live either within or outside of the incorporated limits of the city. A Board member shall not act in a case in which he has a personal or financial interest. C. The terms of office of the Board members shall be staggered so no more than one- third of the Board is appointed or replaced in any twelve-month period. The. initial members of the Board shall be appointed by the City Commission as follows: 1. Two (2) members shall be appointed for a term of one(1)year. 2. Two (2)members shall be appointed for a term of two (2)years. 3. One(1)member shall be appointed for a term of three(3)years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the Board shall, at the discretion of the City Commission, render any such member subject to immediate removal from office. D. A simple majority of the Board shall constitute a quorum. In varying any provision of the Florida Building Code,the affirmative votes of the majority present, but not less than three(3) affirmative votes, shall be required. In modifying a decision of the Building and Zoning Official, not less than a majority of the Board shall be required. E. A person shall be designated by the City Manager to act as secretary of the Board and shall make a detailed record of all of its proceedings,which shall set forth the reasons for its decision,the vote of each member,the absence of any members and any failure of any member to vote. F. The Construction Board of Adjustment and Appeals shall have the power, further defined in this section,to hear appeals of decisions and interpretations of the Building and Zoning Official and consider variances of technical codes. 13 n A•17f10 C §51-36. Appeals to the Construction Board of Adjustment and Appeals. A. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the Building and Zoning Official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The Building and Zoning Official rejected or refused to approve the mode • or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of the Florida Building Code do not apply to the specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of the Florida Building Code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. B. The Construction Board of Adjustment and Appeals, when so appealed to and after a hearing, may vary the application of any provision of the Florida Building Code to any particular case when, in its opinion,the enforcement thereof would do manifest injustice and would be contrary to the public spirit and purpose of the Florida Building Code or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Florida Building Code to other building, structure or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of.the variance will be in harmony with the general intent and purpose of the Florida Building Code and will not be detrimental to the public health, safety and general welfare. 14 Mf_0IA01-1r10 C C. In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed, or both. In addition,the Board may prescribe appropriate conditions and safeguards in conformity with the Florida Building Code. Violation of the conditions of the variance shall be deemed a violation of the Florida Building Code. D. Notice of appeal shall be in writing and filed within ten(10) calendar days after the decision is rendered by the Building and Zoning Official. Appeals related to provisions of the Florida Building Code, other than the local amendments contained in Article III of this Chapter, may be appealed to the Florida Building Commission, pursuant to section 120.569,Florida Statutes, regarding the city's action. Notice of Administrative Rights may be obtained from the city Building Department. E. In.the case of a building, structure or service system which, in the opinion of the Building and Zoning Official, is unsafe,unsanitary or dangerous,the Building and Zoning Official may,in his order,limit the time for such appeals to a shorter period. § 51-37. Procedures of the Construction Board of Adjustment and Appeals. A. The Board shall establish rules and regulations for its own procedure not inconsistent with the provision s of the Florida Building Code. The Board shall meet on call of the chairman. The Board shall meet within thirty (30) calendar days after notice of appeal has been received. B. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the Board shall also include the reasons for the decision. If a decision of the Board reverses or modifies a refusal,order or disallowance of the Building and Zoning Official or varies the application of any provision of the Florida Building Code,the Building and Zoning Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building and Zoning Official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building and Zoning Official for two (2)weeks after filing. Every decision of the Board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. 15 rV ',A*YX10