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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: June 10, 2008

Subject/Title: Adopt a Resolution Creating a Board of Appeals for Violations of the Uniform Housing Code.

Prepared by: Louis R. Kidwell, Chief Building Official

Submitted by: Casey McCann, Interim Community Development Director
______________________________________________________________________

RECOMMENDATION
That the City Council adopt a resolution to create a Board of Appeals for violations of the Uniform Housing Code.

PREVIOUS ACTION
In 1998, by Ordinance No. 604, the City Council adopted Brentwood Municipal Code section 1.08.090 (Hearing Officer), which allows the City Manager to compile a list of designated hearing officers for Administrative Citation Hearings.

In 1999, by Ordinance No 620, the City Council adopted by reference the Uniform Housing Code (1997 Edition) (“UHC”) to address housing code violations, including substandard housing conditions.

BACKGROUND
The UHC provides an appeal process for any person who is issued a Notice and Order to correct a violation of the UHC. The UHC requires that the appeal be heard by a Board of Appeals. Currently, the City of Brentwood does not have a Board of Appeals for UHC matters. The attached resolution establishes a Board of Appeals for UHC appeals and authorizes the City Manager to appoint a three member Board of Appeals for particular violations. Members will be selected at random, subject to availability, and will consist of Building and/or Code Enforcement personnel from the following East County jurisdictions: the Cities of Antioch, Oakley and/or Pittsburg and/or Contra Costa County.

FISCAL IMPACT
No fiscal impact is anticipated.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CREATING A BOARD OF APPEALS FOR UNIFORM HOUSING CODE VIOLATIONS AND DESIGNATING POTENTIAL BOARD MEMBERS.

WHEREAS, In 1998, by Ordinance No. 604, the City Council adopted Brentwood Municipal Code section 1.08.090 (Hearing Officer), which allows the City Manager to compile a list of designated hearing officers for Administrative Citation Hearings; and

WHEREAS, In 1999, by Ordinance No 620, the City Council adopted by reference the Uniform Housing Code (1997 Edition) (“UHC”) to address housing code violations, including substandard housing conditions; and

WHEREAS, the UHC provides for an appeal process for any person who is issued a Notice and Order to correct a violation of the UHC; and

WHEREAS, the UHC requires that an appeal of a Notice and Order be heard by a Board of Appeals and currently, the City of Brentwood does not have a Board of Appeals for UHC appeals; and

WHEREAS, the City Council desires to create a Board of Appeals for UHC appeals and authorize the City Manager to appoint a three member Board of Appeals for particular violations.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRENTWOOD:

1. That a Board of Appeals, consisting of three (3) members is hereby created for UHC appeals

2. That the City Manager is hereby authorized to select, at random, the members of the UHC Board of Appeals for a particular appeal. Board members will be selected, subject to availability, and will consist of Building and/or Code Enforcement personnel from the following East County jurisdictions: the Cities of Antioch, Oakley and/or Pittsburg and/or the County of Contra Costa.


 
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