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Home My Public Portal AboutOrdinance No. 1135-09 01-13-2009 1135-09 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS CREATING A BUILDING BOARD OF APPEALS; ESTABLISHING PROVISIONS RELATING TO THE POWERS, COMPOSITION, APPOINTMENTS AND TERMS OF OFFICE OF MEMBERS OF SUCH BOARD; ESTABLISHING GOVERNING PROCEDURES FOR SUCH BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has previously adopted various building codes governing the quality, manner and method of construction of various structures in the City and the procedures for inspection of such structures and enforcement of the terms of such codes; and WHEREAS, the City Council of the City deems it advisable and necessary to establish a Building Board of Appeals to hear appeals from the Building Official's determinations under such codes, in compliance with the provisions of such codes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. CREATION OF BUILDING BOARD OF APPEALS Article XIV of Chapter 10 of the Richland Hills City Code is hereby added, which Article shall be entitled "Building Board of Appeals," and shall provide as follows: Sec. 10-411. Creation, qualifications, composition and appointment of members. There is hereby created a Building Board of Appeals. The Building Board of Appeals shall be composed of the sitting members of the City Council who shall hold numbered places 1, 2, 3, 4 and 5, and the Mayor, provided, however, that the Mayor shall vote only in the event of a tie. Sec. 10-412. Officers. The Mayor shall serve as chair of the Building Board of Appeals and the Mayor Pro Tem shall serve as vice-chair. Sec. 10-413. Meetings, rules of procedure, quorum and voting. (a) Meetings. The Building Board of Appeals shall meet at such times as determined advisable by the Building Board of Appeals. (b) Rules of Procedure. (1) Any party adversely affected by a decision of the Chief Building Official or the Chief Building Official's designee with regard to interpretation or application of a building code adopted by the City may appeal such decision to the Building Board of Appeals by filing written notice of such appeal to both the Chief Building Official and the City Secretary within ten (10) business days of notice of such adverse decision. The notice of appeal must state the appellant's desire to appeal, the ruling from which the appellant desires to appeal and the relief or ruling sought. The Building Board of Appeals, by the affirmative vote of a majority of the members then present and voting, may reverse or modify the decision of the Chief Building Official or the Chief Building Official's designee. If a majority does not vote to reverse or modify the decision being appealed, it will be deemed affirmed. The decision of the Building Board of Appeals concerning an appeal under this Article shall be final. The decision being appealed shall be suspended pending such appeal, unless the Chief Building Official or the Chief Building Official's designee determines that such suspension endangers the public health and safety, in which case the filing of a notice of appeal shall not act to suspend the decision of the Chief Building Official or the Chief Building Official's designee. (2) Any appeal shall be governed by the following rules and procedures: (A) Such appeal shall be set as an item on the agenda of the next meeting of the Building Board of Appeals. (B) The appellant shall bear the burden of persuasion that the ruling being appealed is in error and shall bear the burden of proof on such matter. (C) No formal testimony or swearing of witnesses shall be required, and the Building Board of Appeals may consider facts or evidence as it determines is appropriate. The Chief Building Official or the Chief Building Official's designee shall present the facts and evidence relied upon by the Chief Building Official or the Chief Building Official's designee and the reasons for the ruling; the appellant shall then have an opportunity to present the facts and evidence relied upon by the appellant; the Building Board of Appeals BUILDING BOARD OF APPEALS CREATION ORDINANCE Page 2 W:\Richland Hills\Ordinance\Building Board of Appeals creation ordinance.tgs.l-5-09.wpd shall then consider any facts or evidence from the public or other interested persons. The Building Board of Appeals may ask questions of the Chief Building Official or the Chief Building Official's designee, the appellant, and any other interested persons as the City Council determines is appropriate. The Building Board of Appeals may limit the time for any presentation in its sole discretion. (3) Upon the conclusion of the hearing, the Building Board of Appeals shall then render its decision. A majority of the members present and voting shall be required in order to reverse or modify the decision being appealed. (4) Written documents or evidence which any party wishes to submit must be filed with the Chief Building Official and to the City Secretary no less than three (3) business days prior to the appeal hearing. (5) Meetings shall be posted and open to the public. (c) Quorum. Three members, regular or alternate, shall constitute a quorum for the transaction of business. (d) Voting. All regular members shall be entitled to vote. In the event that a regular member is absent, the alternate member shall be entitled to vote. Sec. 10-414. Minutes and attendance reports submitted to the council. The Chief Building Official or Chief Building Official's designee shall keep minutes of all proceedings of the Building Board of Appeals and shall submit such minutes, following approval by the Building Board of Appeals, to the city secretary. Such minutes shall become a part of the city council's official records. Sec. 10-416. Powers of the Building Board of Appeals. The powers, duties and responsibilities of the Building Board of Appeals shall be to hear, consider and determine appeals from all building codes adopted by the City, including but not limited to the following: a. the Uniform Building Code as adopted and amended by the City of Richland Hills; b. the Uniform Code of Abatement of Dangerous Buildings as adopted and amended by the City of Richland Hills; c. the International Electrical Code as adopted and amended by the City of Richland Hills; BUILDING BOARD OF APPEALS CREATION ORDINANCE Page 3 W:\ltichland Hills\Ordinance\Building Board of Appeals creation ordinance.tgs.l-5-09.wpd d. the International Existing Residential Code as adopted and amended by the City of Richland Hills; e. the International Fire Code as adopted and amended by the City of Richland Hills; f. the International Mechanical Code as adopted and amended by the City of Richland Hills; g. the International Plumbing Code as adopted and amended by the City of Richland Hills; and h. the International Residential Code as adopted and amended by the City of Richland Hills. SECTIONS 10-417 THROUGH 10-430 RESERVED FOR EXPANSION. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court BUILDING BOARD OF APPEALS CREATION ORDINANCE page 4 W:\Richland Hills\Ordinance\Building Board ofAppeals creation ordinance.tgs.l-5-09.wpd or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PUBLICATION The Ciry Secretary of the City of Richland Hills is directed to publish the caption, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON THIS 13th pF Januar , 2009. r T ORABLE DAVID L GAN, MAYOR ATT ST: ,,•~~~~~Nl~`Np"y LIND CANTU, CITY SECRETARY ,~`~t~ ~ • ~ ~ ' • 4 / !u,% EFFECTIVE DATE: ~ Od~ _ ~ ~t .v / m- ; Al? ROVE A TO FORM AND LEGALITY: . '{.'1~ /j///11111111111\\\ TIM G: SRALLA, CITY ATTORNEY BUILDING BOARD OF APPEALS CREATION ORDINANCE Page 5 1V:\Richland Nills?Ordinance\Building Board ofAppeals creation ordinance.tgs.l-5-09.wpd