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HomeMy WebLinkAbout2009-07-01 ORDINANCE NO.2009-07-01 AN ORDINANCE TO CREATE A COMMISSION TO-BEAR APPEALS FROM THE DECISION OF THE CODE ENFORCEMENT OFFICER REGARDING THE ENFORCEMENT AND APPLICATION OF BUILDING, STRUCTURAL, PLUMBING, ELECTRICAL, AND MECHANICAL CODES; THE DECISIONS OF THE FIRE CHIEF REGARDING THE ENFORCEMENT AND APPLICATION OF FIRE PREVENTION CODES, AS ADOPTED BY THE CITY OF BATESVILLE, ARKANSAS AND TO HEAR APPEALS OF DECISIONS OF THE CODE ENFORCEMENT OFFICER IN RESPECT TO THE ENFORCEMENT AND APPLICATION REGARDING ALL OTHER CITY ORDINANCES FOR WHICH THE CODE ENFORCEMENT OFFICER IS RESPONSIBLE AND WHICH ARE NOT SPECIFICALLY COVERED BY ANY OTHER EXISTING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS,the City of Batesville desires to create a commission to hear appeals of the decisions of the Code Enforcement Officer and the Fire Chief in respect to the enforcement and application of certain present and future codes and ordinances which are or may be adopted by the City, for which the Code Enforcement Officer and the Fire Chief are responsible, and the appeals of which are not specifically covered by any other ordinance within the City of Batesville,and WHEREAS,the creation of an appeals body is mandated by various development codes enforced by the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT: Section 1. Creation and Members ® A. There is hereby created the Batesville Appeals Commission. B. The Batesville Appeals Commission shall consist of seven(7)members appointed by the Mayor with the advice and consent of the City Council. C. Five(5)of the members shall be from the professional disciplines, as set forth in Section 2 below,and two(2)of the members shall be members of the public at-large,as set forth in Section 3 below. D. Members from the professional disciplines shall be selected first from the residents of the City of Batesville,however, if no person from that professional discipline is willing and qualified to serve then a member of that professional discipline may be selected from residents of Independence County.If no resident of the City or County of the required professional discipline is willing and qualified to serve then consideration may be given to residents of adjacent counties who are willing and qualified to serve. a. Members of the professional disciplines shall be licensed by the State of Arkansas in their respective discipline,however, if an Arkansas Licensed Professional of the required discipline cannot be located who is willing and qualified to serve then a resident of the City of Batesville,Independence County or an adjacent County who is willing and otherwise qualified to serve but who holds a professional license of the required discipline from another state may be considered. E. If no resident of the City of Batesville or Independence County with the exact qualifications required herein of the professional disciplines is-willing and qualified to serve then the mayor with the advice and consent of the council may consider other individuals who, in the opinion • of the mayor with the advice and consent of the council,possess sufficient experience in a particular field to qualify them to serve as a substitute for that particular professional discipline position Section 2. Qualifications of the members of the professional disciplines. A. One member who is a Registered Professional Architect or a builder or superintendent of building construction with at least ten(10)years'experience, five(5)of which shall have been in responsible charge of work. If no person with the above qualifications can be located and is willing to serve then a builder with at least five(5)years experience may be considered. B. One member who is a Registered Professional Engineer with a background in structural engineering. If no person with these qualifications can be located and is willing to serve then an engineering apprentice who has worked under a Registered Professional Engineer for at least the last five(5)years in structural engineering design and application may be considered.If no person with the above qualifications can be located and willing to serve then a person with a college degree in civil engineering may be considered. C. One member who is a Registered Professional Engineer with a background in mechanical engineering. If no person with these qualifications can be located and willing to serve then an engineering apprentice who has worked under a Registered Professional Engineer for at least the last five(5)years in mechanical engineering design and application may be considered. If a person with the above qualifications cannot be located and willing to serve then an Arkansas Licensed Master Plumber or an Arkansas Licensed Mechanical contractor with at least five (5) • years experience as responsible in charge of work may be considered. If a person with the above qualifications cannot be found and willing to serve then an Arkansas Licensed Journeyman Plumber with at least five(5)years experience may be considered. D. One member who is a Registered Professional Engineer with a background in electrical engineering. If a Registered Professional Engineer cannot be located and willing to serve then an engineering apprentice who has worked under a Registered Professional Engineer for at least the last five(5)years in electrical engineering design and application may be considered. If a person with the above qualifications cannot be located and willing to serve then a Arkansas Licensed Electrician with at least five(5)years experience may be considered. E. One member who is a registered design professional with fire protection engineering experience or a fire protection contractor with at least ten(10) years experience, five of which shall have been in responsible charge of work. If a licensed professional with the above qualifications cannot be located and willing to serve then a retired fire chief from the City of Batesville may be considered. If a retired fire chief from the City of Batesville cannot be located and willing to serve then a retired assistant fire chief from the City of Batesville may be considered.If a retired assistance fire chief from the City of Batesville cannot be found then a retired fire chief or assistant fire chief from another city in Arkansas,but who is a resident of Independence County,may be considered. Section 3. Qualifications of the two members at-large. A. Two members from the public at-large shall be residents of the City without any special • qualification requirements. Section 4. Terms of Office A. Members shall be appointed for terms of five(5)years each and until their successors are • appointed and qualified. B. The initial appointment of the membership of this commission shall be as follows: a. One for five years; one for four years; one for three years; one for two years; and one for one year. b. Thereafter,each new member shall serve five years or until a successor has been appointed. c. Vacancies shall be filled for the balance of the unexpired terms. Section 4. Members of this Commission shall serve without compensation. Section 5. Officers,Meetings&Hearings,Special Meetings, Quorum and Records A. The Commission shall elect a chairman, a vice-chairman and a secretary annually from its membership. B. The Commission shall meet as often as required,to hear appeals on a timely basis and all meetings and hearings conducted by the Commission shall be open public meetings. All hearings before the Commission shall allow the appropriate City Official,the appellant, or the appellant's representative,or any person whose interests are affected,the opportunity to be heard. • C. Strict rules of evidence are not required however only relevant information shall be received. D. The Commission shall adopt a set of bylaws for the conduct of its business. E. Special Meetings to expedite the hearing of an appeal may be called by the chairman. F. A simple majority of the commission shall constitute a quorum for the transaction of business, however when five members of the Commission are not present to hear an appeal either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. G. The Commission shall keep a public record of all its meetings, findings,orders,determinations and decisions, a copy of which shall be kept on file with the City Clerk. H. No Commissioner shall vote on any matter before the Commission in which he or she has a direct conflict of interest nor shall he or she vote on any matter in which a majority of the remaining Commissioners present shall vote that such a conflict exists,whether real or perceived. Section 6. Fiscal Procedures A. The Board of Appeals is subject to all fiscal procedures of the city. B. The commission may, subject to appropriation,employ clerical and technical assistance. Section 7. Authority Generally A. The Commission shall hear appeals of the decisions for which the Code Enforcement Officer or • the Fire Chief are responsible with respect to the appropriate code under their jurisdiction. B. The Commission shall hear appeals under the regulations within each applicable code. Section 8. Authority Specifically The Batesville Appeals Commission is hereby designated as the appeals body for the following codes as enforced by the City of Batesville and shall function pursuant to the applicable provisions of such codes and ordinances relative to appeals,waivers and variances. A. The Arkansas State Fire Prevention Code, as adopted by the City. B. The International Building Code,as adopted by the City. C. The Arkansas Plumbing Code, as adopted by the City. D. The Arkansas Fuel Gas Code,as adopted by the City. E. The Arkansas Mechanical Code,as adopted by the City. F. The National Electrical Code,as adopted by the City. G. The National Flood Prevention Code, as adopted by the City. H. Any other National or State Development Code,which may be adopted by the City at some future date,for which the Code Enforcement Officer and/or the Fire Chief may be responsible its application and enforcement and which does not require a separate board of appeals. I. All other City Ordinances for which the Code Enforcement Officer is responsible for their application and enforcement and which are not specifically covered by any other ordinance within the City. • Section 9. Appeal requirements and procedures. A. An application for appeal shall be based on a claim that: 1. the true intent of the applicable code or the rules legally adopted there under have been incorrectly interpreted, 2. the provisions of the applicable code do not fully apply; or, 3. an equally good or better method of construction or compliance with the code is proposed and is permitted. B. The Commission shall have no authority to waive the requirements of the applicable code. C. The following procedure shall be used for presenting requests for appeals to the Batesville Appeals Commission. a. Any person who is appealing a decision of the Code Enforcement Officer or Fire Chief shall submit a written application to the appropriate officer on forms provided by the City. The appropriate officer will set the hearing date before the Batesville Appeals Commission and shall notify the Chairman of the Commission of the date and time of the hearing. The Commission Chairman shall notify the other members of the Commission of the date and time of such meeting. • b. All applications to the Batesville Board of Appeals shall be accompanied by the prescribed fee,if any, applicable to the development code under which the appeal is being presented. c. The Batesville Board of Appeals may affirm or overturn the decision of the appropriate official, in whole or in part, in accordance with the provisions of the applicable code. d. The appellant shall be notified in writing of the decision by the Batesville Appeals Commission. Section 10. Appeals From The Batesville Appeals Commission Decisions of the Batesville Appeals Commission may be further appealed to the Batesville City Council.The appeal must be filed within thirty days of the date of the decision by the Batesville Board of Appeals and shall be made to the Code Enforcement Officer or Fire Chief,whichever is applicable. Further appeals shall be according to Arkansas State Law. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. EMERGENCY CLAUSE: Where as it is necessary to effect the public peace,health,safety and welfare and the orderly administration of Batesville City Codes,an emergency is hereby declared to exist and this Ordinance shall be effective from and after the date of its passage. IT IS SO ORDAINED. IN WITNESS WHEREOF,we have set our hands this 21St, day of July, 2009. APPROVED: — - • RICK H,MAYOR ATTEST: DENISE JOHNSTON,CLE APPROVED AS TO LEGAL FORM: Scott Stalker, City Attorney i i