The County of Santa Clara - SCC Public Portal

Sec. C2-1. Established.

There is hereby established a Code Enforcement Appeals Board.

(Code 1954, § 3.2.11-1; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-1100.25, § 2, 9-3-63; Ord. No. NS-300.147, § 2, 2-9-71; Ord. No. NS-300.157, § 2, 11-2-71; Ord. No. NS-1100.52, § 5, 6-12-79)

Sec. C2-2. Reserved.

Sec. C2-3. Membership.

(a) The Board shall consist of ten members, none of whom shall be employees of the County of Santa Clara, as follows:

Two members shall be from the building or construction trades;

Two members shall be from the electrical trade;

Two members shall be from the plumbing trade or mechanical trade;

One member shall be a civil engineer;

One member shall be an architect;

One member shall be from a fire prevention bureau;

One member shall be a physically disabled person.

The member shall be nominated and appointed on a rotational basis by individual Supervisors. The rotational sequence for making these appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

(b) The term of each member shall be three years. Members shall serve staggered terms so that no more than three members' terms shall lapse in the same year. No member shall be eligible to serve on such Board for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. The Board of Supervisors may waive the foregoing limit upon consecutive terms in office for any member when it finds that no other qualified person is known to be available to serve.

(c) A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive meetings of the Board without good cause entered on its minutes.

(Code 1954, § 3.2.11-2; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-1100.52, § 6, 6-12-79; Ord. No. NS-1100.71, § 1, 10-28-86; Ord. No. NS-1100.74, § 1, 8-9-88; Ord. No. NS-1100.81, § 2, 7-21-92; Ord. No. NS-300.524, § VIII, 8-10-93; Ord. No. NS-300.607, § 4, 1-13-98; Ord. No. NS-1100.98, 12-12-06)

Sec. C2-4. Report to the Board of Supervisors.

The Board shall submit a periodic report to the Board of Supervisors in accordance with the provisions of Chapter XII of Division A6 of Title A (commencing at Section A6-150) of this Code.

(Ord. No. NS-1100.52, § 7, 6-12-79)

Editor's note--Ord. No. NS-1100.52, § 7, adopted June 12, 1979, amended § C2-4 to read as herein set out. Formerly, said section had pertained to the membership of the Board of Appeals for the Plumbing Code. Said section had been derived from Code 1954, § 3.2.11-2.1; Ord. No. NS-300.44, § 4, 5-9-60; and, Ord. No. 300.157, § 3, adopted Nov. 2, 1971.

Secs. C2-5--C2-7. Reserved.

Editor's note--Ord. No. NS-1100.52, §§ 8--10, adopted June 12, 1979, specifically amended the Code by repealing §§ C2-5--C2-7, which had pertained to the membership of the Electrical Board and the Building Board, and the Board of Appeals for the Mechanical Code. Said sections had been derived from Code 1954, §§ 3.2.11-2.2--3.2.11-2.4; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-1100.25, § 3, 9-3-63; Ord. No. NS-300.147, § 2, 2-9-71; and, Ord. No. NS-300.157, § 4, adopted Nov. 2, 1971.

Sec. C2-8. Organization of Board.

The Board shall organize itself in accordance with Section 506 of the Charter. The Clerk of the Board of Supervisors shall be ex officio secretary of the Board, and shall be responsible for providing secretarial assistance to the Board.

(Code 1954, § 3.2.11-3; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-1100.47, § 3, 3-20-78; Ord. No. NS-1100.52, § 11, 6-12-79)

Sec. C2-9. Purpose and duties.

It shall be the function of the Board to review the suitability of alternate materials, alternate methods and types of construction, and to review interpretations and decisions with respect to the provisions of the building, plumbing, electrical, mechanical and fire codes, all as prescribed by ordinance. The Board shall adopt reasonable rules and regulations for the form of review, and for the time, place and manner of holding its review hearings and the rendering of any decision with respect thereto, subject to the provisions of Article 3 of Chapter I of Division C1 (commencing with Section C1-38) of this Code. Such rules and regulations may provide for the taking of testimony under oath and the issuance of subpoenas for the production of oral or documentary evidence, or both.

(Code 1954, § 3.211-4; Ord. No. NS-300.36, § 5, 12-1-58; Ord. No. NS-300.44, § 4, 5-9-60; Ord. No. NS-1100.25, § 2, 9-3-63; Ord. No. NS-300.147, § 3, 2-9-71; Ord. No. NS-300.157, § 5, 11-2-71; Ord. No. NS-1100.52, § 12, 6-12-79)