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HomeMy WebLinkAbout~Master - Assigning Duties of Housing Appeal Board to Building Code Board of Appeals ORDINANCE NO. 3481 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 13.14, 13.15, 13.16 AND SUBSECTION 5.104(1), AND ENACTING NEW SECTIONS 13.14, 13.15, 13.16 AND SUBSECTION 5.104(1) FOR THE PURPOSE OF ELIMINATING A SEPARATE HOUSING APPEALS BOARD AND HAVING THE BUILDING CODE OF APPEALS ASSUME ITS DUTIES; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Sections 13.14, 13.15, 13.16 and Subsection 5.104(1)and enacting new Sections and Subsection as follows: "Sec. 13.14. HOUSING APPEAL BOARD, MEMBERSHIP. There is created a housing appeal board whose members shall be the Building Code Board of Appeals created at Sec. 5.104(1), Ames Municipal Code. All references herein to the Housing Appeal Board shall mean the Building Code Board of Appeals, and all duties of the Housing Appeal Board set forth in this chapter shall be carried out by the Building Code Board of Appeals. (Ord. No. 2603, Sec. 2, 5-24-77) Sec. 13.15. ORGANIZATION, OFFICERS. The chair of the Building Code Board of Appeals shall preside as chair of the Housing Appeal Board, and the vice chair of the Building Code Board of Appeals shall serve as vice chair of the Housing Appeal Board. When exercising its duties as the Housing Appeal Board, the City Clerk or Clerk's designee shall serve as secretary of the board. The Housing Appeal Board may adopt, from time to time, subject to the approval of the City Council, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. (Ord. No. 2603, Sec. 2, 5-24-77,• Ord. No. 2817, Sec. 1, 3-22-82; Ord. No. 3379, 4-9-96) Sec. 13.16. BOARD MEETINGS. The board shall meet at the call of the chair,or in the absence of the chair, the vice-chair, and within forty-five (45) days of any application for a hearing to consider appeals from decisions of the housing inspector rendered pursuant to the provisions of this chapter; or, an application for repair and deduct or rent escrow. The presence of three(3)members of the board shall be necessary to constitute a quonun. The concurring vote of three(3)members shall be necessary to overrule the decision of the housing inspector. (Ord. No. 2603, Sec. 2, 5-24-77,• Ord. No. 2817, Sec. 2, 3-22-82) Sec. 5.104(1). (1) There is hereby established a Board to be called the Board of Appeals (herein called 'the Board'),which shall consist of five(5)members. The Board shall be composed of one architect, one consulting engineer, one general contractor, one home builder and one member of the construction business trade. Board Members shall be appointed by the Mayor with the approval of the City Council. This Board also shall act as the Housing Appeals Board and as the Fire Code Appeals Board. The members of the Board shall serve without compensation. When acting as the Fire Code Appeals Board,the Fire Chief may designate an individual knowledgeable in fire safety to render professional advice to the Board on matters related to the Fire Code. A member from each of the electrical, plumbing,and mechanical boards of appeal shall be members ex officio of this board, without voting power. (Ord. No. 3217, Sec. 2, 3-23-93)" Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Section 1.9 of the Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 14th day of April 1998. '! — 1.Ripperger, Acting C Clerk 'red Tedesco, Mayor 0485