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HomeMy WebLinkAboutORD702ORDINANCE NO.702 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 7,BY ESTABLISHING A NEW ARTICLE,ARTICLE 7-3,ENTITLED CONSTRUCTION CODE BOARD OF APPEALS,TO HEAR APPEALS REGARDING CONSTRUCTION CODES AND THE DANGEROUS BUILDING CODE,REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION AS FOLLOWS: SECTION I IN GENERAL Section 7-3-1 Creation There is hereby established the Apache Junction Board of Construction Code Appeals,(hereafter the Board)a Board of 5 members mandated by the various construction codes adopted by the City of Apache Junction. Section 7-3-2 Membership and Terms of Office. A.The Board shall consist of 5 members who are appointed by the Mayor and approved by the Council. B.The terms of the Board's members shall be for 2 years and shall commence on July 1 and end on June 30,2 years thereafter or until their successors are duly appointed and seated.Such terms shall be so staggered that no more than 3 member's terms conclude in the same year. Initial seating may occur at any time with 2 positions to. expire the following 30th day of June. C.Members need not to be residents of the City of Apache Junction (however every effort should be made to meet the membership of the Board from the citizenry). D.Membership shall consist of members who are qualified by experience and training to pass upon matters pertaining to construction codes.Membership shall be taken from the following areas: 1.Professional -1 architect or engineer. 2.Trades -1 general contractor and 2 additional members from the plumbing,electrical,or mechanical trade. 3.Lay member -1 member of the Board shall be from the general residency of the City of Apache Junction. • ORDINANCE NO.702 PAGE ONE OF THREE Section 7-3-3 Salaries and Person Expenses The members of the Board shall receive no salaries or other remuneration for their services in such capacity and shall not be entitled to personal expenses incurred by them in the discharge of their official duties,except to the extent and purposes and amount such expense is first authorized and approved by the city council. Section 7-3-4 Officers The Board shall elect a chairman and vice chairman;their members to serve for a period of one year.The vice chairman shall preside at meetings in the absence of the chairman. Section 7-3-5 Meetings The Board shall establish a regular meeting day and time at least once a month.Special meetings may be called as required.A quorum shall consist of three voting members for the transaction of all business. Section 7-3-6 Vacancies Vacancies shall be filled by the city council in accordance with Section 7-3-2 for the unexpired term of the member affected. Section 7-3-7 Removal of Members Members of the Board serve at the pleasure of the council and may be removed by the mayor with the concurrence of the council.A member shall not be absent from Board's regular meetings for more than three consecutive times without a reasonable excuse.After the absence of three consecutive meetings the remaining members of the Board shall vote to retain or recommend to the city council that the absentee member be relieved of his duties on the Board. Section 7-3-8 Duties A.The Board shall hear appeals regarding interpretation of the construction codes identified in Chapter 7 of the Apache Junction City Code.Such decisions shall be binding on the Building Official. B.The Board may be asked to make recommendations regarding changes to the construction codes,adoption of new codes or procedures necessary to enforce the construction codes. C.To hear appeals in accordance with the provisions of the Dangerous Building Code. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. • ORDINANCE NO.702 PAGE TWO OF THREE 1 SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,THIS 21ST DAY OF NOVEMBER ,1989. SIGNED AND ATTESTED TO THIS 27TH DAY OF NOVEMBER ATTEST: KATHLEEN CONNELLY, City Clerk APPROVED AS TO FORM: h , , DA/IDIF.ALEXAND City Attorney ORDINANCE NO.702 PAGE THREE OF THREE ,1989. KENNETH BLUNTSCHLY, Mayor •