Building Code Board of Appeals Minutes 1996

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3 Presentation of Board of Appeals Training Manual and Handbook: Staff presented the new Training Manual and Handbook. City Attorney, Sam Light,had a few additions to the handbook. 4 Adoption of rules of procedure/Training Session by City Attorney: Sam Light-I would like to proceed first with the rules of procedure. In section one there is a new copy of the rules of procedure. The board still has yet to approve the rules of procedures. We discussed some amendments at the last meeting which I incorporated into this draft. The first of those is that it was decided that the regular meeting of this Board would be on the third Thursday of each month. The only other significant changes are on page six. The main issue is rehearings. What I have done is change that section to reflect the boards concern that we not have appeals coming back time and time again for a rehearing. If you look at section eight, I have revised it to say that the board may rehear any appeal as long as four criteria are met. First, there has to be a written request for an appeal filed within ten(10) days. Then, in section B,I ask that the written request set forth the grounds for a rehearing. The grounds for a rehearing have been changed to be specific to one of a few things. 1-A lack of jurisdiction. 2 - Misrepresentation of another party 3 -The discovery of new evidence. One of the biggest concerns of the board at the last meeting was that we would have a rehearing if there was a ( mistake or if there was a change in the law, or the facts, since the last hearing. What we did not want to encourage was the opportunity for people who give an incomplete presentation,to then say that was grounds for an appeal because the facts had changed. The concern is whether "change"includes an omission. What we are now saying is that if there is omission of facts, that is not sufficient grounds for an appeal, unless one of the other criteria are present. We still need to be able to rehear, and issue a discussion, within 30 days of the date of the original hearing. Finally,the board needs to decide if they want to rehear an appeal. The reason I have not changed the timing has to due with judicial review That is the timing of when someone can go to court to challenge an action of the board. Under Colorado law you have to go to court within 30 days after the hearing is over and a written decision is issued. If we cannot rehear a matter within 30 days of the original decision the board should advise the applicant that it is not possible so the applicant knows the next step is to proceed to court. Giles Schurman- I would entertain a motion to approve the rules and procedure for the Building Code Board of Appeals, City of Louisville, Colorado. Greg Cullison- So moved. Board discussion prior to second of motion: Erik Hartronft- On page 5,paragraph C it states, "Prior to the hearing the secretary may provide ( 1 2