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HomeMy WebLinkAbout09-27-11 Amended Rules of Procedure.docxPLANNING DEPARTMENT BUILDING CODES APPEALS BOARD Rules of Procedure I. ORGANIZATION AND OFFICERS 101. Oraanizations The Building Codes Appeals Board ( "BCAB ") shall consist of seven (7) members. BCAB was established in accordance with Chapter 82, Sect. 82 -10 through 82 -15 of the City's Code of Ordinances. 102. Appointment Appointment of BCAB members shall be in accordance with Chapter 82, Sect. 82 -10 through 82 -15 of the City's Code of Ordinances. 103. Officer s A Chairperson shall be selected from among the BCAB membership, on an annual basis. The Chairperson shall serve for a one (1) year term, beginning on August 30 of the year appointed and expiring on July 31 of the following year. In the absence of the Chairperson, an Acting Chairperson shall preside over meetings. Selection of the Acting Chairperson is based on succession of board position numbers. Should the next position member be absent as well, the succession selection would continue. The Chief Building Official, or their designated representative, shall serve as Executive Secretary for the BCAB and is not a voting member. The Executive Secretary shall perform such duties as are necessary to assist the BCAB in their duties. 104. Duties A. The Chairperson, or in their absence, the Acting Chairperson, as set forth in Section 103, shall preside at all meetings, shall decide all points of order and procedure, and may administer oaths. All correspondence from the BCAB shall be over the signature of the Chairperson or Acting Chairperson. BCAB Rules of Procedure - Amended Page 2 of 6 Approved 09/27/11 B. The Executive Secretary shall prepare the agendas, packets and minutes of the meetings and shall forward the approved meeting minutes and audio tape to the City Secretary' Office. The Executive Secretary shall also attend to correspondence of the BCAB and shall cause to be given such notices as are required and in the manner prescribed by statutes, ordinances, these rules and the BCAB. 105. Rules of Order Robert's Rules of Order, latest revision, shall be the Commission's final authority on all questions of procedures and parliamentary law not covered by these Rules of Procedure. In the event of a conflict between these Rules and Robert's Rules of Order, these rules shall prevail to the extent of such conflict only. II. MEETINGS 201. Quorum In accordance with Chapter 82, Sect. 82 -10 through 82 -15 of the City's Code of Ordinances, a quorum shall consist of four (4) members. No decision by the BCAB shall be deemed rendered unless a majority of members are in attendance and voting, but by no less than a minimum of four (4) members concur. 202. Agenda An agenda shall be prepared by the Executive Secretary for each meeting of the BCAB. The agenda shall include appeals and other matters scheduled for consideration by the BCAB. 203. Meetings In accordance with Chapter 82, Sect. 82 -10 through 82 -15 of the City's Code of Ordinances, meetings shall be held at the call of the Chairperson and at such other times as at least four (4) members of the BCAB may determine. Meetings shall comply with the requirements of the Open Meeting's Act and shall be posted by the City Secretary's Office at least seventy -two (72) hours in advance of the meeting. BCAB Rules of Procedure - Amended Page 3 of 6 Approved 09/27/11 204. Public Comment Each agenda for meetings of the BCAB shall include an item designating a period for receipt of comments by the public. Each individual shall be limited to five (5) minutes in addressing the board during the public comment period, subject to an extension of time granted by majority vote of the BCAB. III. OFFICIAL RECORDS 301. Definition The official records of the BCAB shall include these Rules of Procedure, approved meeting minutes together with all findings, decisions and other official actions of the BCAB. 302. Recording of Vote The minutes of the BCAB meetings, as recorded by the Executive Secretary, shall show the vote of each member or if absent or failing to vote, shall indicate that fact. 303. Files - Retention All matters /requests coming before the BCAB shall be submitted to the Inspection Services Division of the Planning Department. Requests, proposals and correspondence associated with meetings shall be retained by the Inspection Services Division for not less than three (3) years after the date of submittal. Following the close of meetings, BCAB records shall be filed in the office of the City Secretary and shall become a public record. Preparation and retention shall be in accordance with the provisions of State Law and procedures adopted by the City of La Porte. 304. Public Information The official records of the BCAB shall be on file with the Inspection Services Division and /or the City Secretary's Office and shall be open to public inspection during customary working hours. BCAB Rules of Procedure - Amended Page 4 of 6 Approved 09/27/11 IV. ACTIONS BY THE BOARD 401. Types of Action The BCAB shall act upon such matters in accordance with Chapter 82, Sect. 82 -10 through 82 -15 of the City's Code of Ordinances and these Rules. 402. Submission of Evidence The Inspection Services Division and /or applicant may submit evidence to the Executive Secretary (for review by the BCAB) at least ten (10) days in advance of a meeting or, such evidence may be presented at the meeting. All evidence shall be retained as public information. 403. Withdrawal or Continuance of Request For Meeting To withdraw a request for a meeting, or to request a scheduled hearing be continued, the Inspection Services Division and /or applicant may file a written request with the Executive Secretary, subject to the following rules: A. A request for withdrawal submitted within fourteen (14) days following the request for a meeting shall be accepted by the Executive Secretary without the need for BCAB approval. B. All other requests for withdrawal are subject to BCAB approval at its next scheduled meeting. C. All requests for continuance will be at the discretion of the BCAB. 404. APPEALS Any person or persons, jointly or severally aggrieved by any decision of the BCAB, or taxpayer, or any officer, department, board or bureau of the City may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Texas Civil Statutes and Codes Annotated (V.T.C.A.), Local Government Code, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days of the board's decision. BCAB Rules of Procedure - Amended Page 5 of 6 Approved 09/27/11 V. MEETINGS AND DECISIONS GENERALLY 501. Meetings All meetings of the BCAB shall be open to the public. 502. Order of Business A. The Chairperson shall call the Board to order. B. The Executive Secretary shall record the members present and absent C. The minutes of the preceding meeting shall be submitted for approval by the Board. D. The Chairperson shall publicly advise those present at the meeting of the procedures followed during said meeting. E. The Board shall then hear and act upon requests and /or any other matters of business. 503. Questions During the meeting, any member of the Board may call upon the applicant, City Staff or any other person present at the meeting for further questioning relevant to the case. VI. DISQUALIFICATION OF BOARD MEMBERS 601. Disqualification A. A member shall disqualify themself from voting whenever he /she finds that he /she has a personal or monetary interest in the property or will be directly affected by the decision of the Board. B. A member may disqualify themself from voting whenever any applicant or his /her agent, has sought to influence the vote of the member outside of the open meeting. BCAB Rules of Procedure - Amended Page 6 of 6 Approved 09/27/11 C. A member who disqualifies themself or abstains from voting on any case shall announce such disqualification or abstention for the public record, prior to the presentation of the case, and shall not take part in the deliberation or vote on the case. In the event a member does not discover any circumstances requiring their disqualification or abstentionuntil the meeting is underway, such member shall announce such disqualification or abstention as soon as it is discovered. VII. RULES AND AMENDMENTS 701. Amendments Amendments to these Rules of Procedure may be adopted by the Board at any meeting upon the affirmative vote of a majority of the members present with a minimum of four (4) affirmative votes, provided that such amendment is proposed at a preceding meeting and appears on the minutes of such meeting. By unanimous consent of the Board, amendments may be adopted at the meeting at which introduced. 702. Certified Copy A certified copy of these Rules of Procedure and of any amendments thereto shall be filed in the office of the City Secretary.