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Building Code Board of Appeals Minutes 1996
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Building Code Board of Appeals Minutes 1996
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BCBOAMIN 1996
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Q Bob Spencer-The terms are set up as 3, 2, and 1 years for this first year, is that for <br /> continuity down the road? <br /> A. Tom Talboom- Yes. The appointments from now on will be for 3 year terms. <br /> Greg Cullison-I would like to recommend that all the members are provided with the most <br /> current versions of the code books. <br /> No formal action was taken, though Tom Talboom stated it was the City's intent to provide code <br /> books and he would further investigate the matter He also stated the City will either provide a <br /> code book or make sure that all applicable sections of the codes are copied. <br /> Q Do we also cover fire codes? <br /> A. No <br /> Q What is are legal liability on an individual basis? <br /> A. Sam Light- Generally you will have immunity I will expand on that at the next training <br /> session. In the context of a hearing, you would have judicial immunity However,you <br /> are still not protected, for example, if you willfully and wantonly take action with regard <br /> to an individual to deprive them of their rights and knew the right existed. <br /> Q Greg Cullison to Sam Light- You will be attending all of our hearings, and be acting as <br /> our legal advice? <br /> A. Yes. <br /> Q Will the board sessions be recorded? <br /> A. Yes. <br /> Q Is there a procedure for canceling a meeting if there is no business? <br /> A. If there is an agenda which is vacated the Chairman has unilateral authority to cancel a <br /> meeting. <br /> Q So we will be given ample notice of a meeting? <br /> A. Yes. You will receive staff packets prior to any hearing. <br /> Q What would happen if an applicant demanded a meeting within the 30 day time period <br /> and the board was unable to Ge t a quorum, would they automatically win the appeal? <br /> A. No Typically this non-action would considered to be denial under this board, and the <br /> applicant could proceed to district court. <br /> Q What about site visits? <br /> A. The rules and procedures have built in the ability to do a site review prior to the hearing. <br /> The board then would be able to take into consideration what they saw on site. <br /> Q Can more than two board members meet at the site at the same time? <br /> A. Generally the building staff would set up a date when anyone on the board who wanted to <br /> go and view would do so, without input on the merits of the issue, by either the building <br /> official or the applicant. It is an opportunity for the board to view the issue at hand, not <br /> to discuss the merits, or to take testimony, with regard to the appeal. <br /> Sam Light- The way we have set up the rules and procedures the board would make a final <br /> disposition of an appeal in the form of a motion. That would be followed by a written notice of <br /> 4 <br />
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