Ordinance No. 01-12A y
Attachment 1
CITY OF TIGARD,OREGON
ORDINANCE NO.01. 1,-;� A-
AN ORDINANCE AMENDING CHAPTER 2.09 OF THE TIGARD MUNICIPAL CODE CHANGING
THE NUMBER OF MEMEBERS FROM FOURTEEN TO SEVEN.
WHEREAS, THE PREVIOUS BUILDING APPEALS BOARD CONSISTED OF FOURTEEN (14)
MEMBERS;AND,
WHEREAS, THE NUMBER OF MEMBERS MADE IT A CUMBERSOME BOARD FOR MEETINGS;
AND,
WHEREAS, THE TERMS OF THE ORIGINAL BUILDING APPEALS BOARD MEMBERS HAVE
SINCE EXPIRED;AND,
WHEREAS, THE TIGARD CITY COUNCIL, AT ITS AUGUST 28, 2001 MEETING, DIRECTED
STAFF TO RETURN WITH AN ORDINANCE AMENDING THE TMC, REDUCING THE NUMBER
OF BUILIDING APPEALS BOARD MEMBERS FROM FOURTEEN TO SEVEN,
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: AMEND SECTIONS 2.09.020 and 2.09.030 AS SHOWN ON"E3U MIT A."
SECTION: This ordinance shall be effective 30 days after its passage by the Council,signature by the
Mayor,and posting by the City Recorder.
PASSED: By A(AA 1+11Mvote of 1 Council members present after being read by number and title
only,thisoP5`" day of ,2001.
tt
Catherine Wheatley,City Rec6ber
APPROVED: By Tigard City Council thiscx19day o€-� 2001.
1 �'.260A&
r.esGriffi ,Mayo
Appro, as to form: �
ity Atto
Z.�r D
Date
ORDINANCE Na.Oi-12 "A'
Page 1
`I'IGARD MUNICIPAL CODE
Strikeouts are deleted language and hold underline is The membership shall include:
new language.
A. one individual representing the
Chapter 2.09 BUILDING APPEALS BOARD general public;
Sections: B. one individual representing the
Oregon Disabilities Commission;
2.09.010 Purpose.
2.09.020 Appointment--Membership. C. the Fire Marshal or designee of
2.09.030 Qualifications. the Tualatin Valley Fire and Rescue District;
2.09.040 Board removal.
2.09.050 Vacancy. D. one licensed general contractor
2.09.060 Election of officers. actively engaged in the building business;
2.09.070 Meetings--Quorum--Voting.
2.09.080 Board member conflict of & ene afehiterst,
interest. state law;
2.09.090 Disclosure of prehearing
contact. F E one professional engineer,
2.09.100 Powers and duties of board. registered under state law and competent in
2.09.110 Rules and procedures. matters of structural engineering;
2.09.010 Purpose. G F. one building official in the active
employment of an Oregon municipality;
The purpose of the Tigard building
appeals board is to hear and decide appeals of H-.G. one attorney actively engaged in
orders, decisions or determinations made by the the practice of law in the State of Oregon;and
building official relative to the application of Title
14,except Chapter 14.16,of the Tigard Municipal h tip to Six ad-di*:^n^'
Code.(Ord. 99-06)
and training.
2.09.020 Appointment--Membership.
2.09.040 Board removal.
The board shall consist of€ew4een seven
members who are not council members, officers A board member may be removed by the
or employees of the city. The members of the appointing authority,after hearing,for misconduct
board shall be appointed by the mayor, subject to or nonperformance of duty.
confirmation by the council, for a term of four
years,and shall serve at the pleasure of the mayor 2.09.050 Vacancy.
and council The Building Official shall be an ex
officio member and shall act as secretary to the Any vacancy in the board shall be filled by
board but shall have no vote on any matter before the appointing authority for the unexpired portion
the board. of the term of the predecessor in the office.
2.09.030 Qualifications. 2.09.060 Election of officers.
02-09-1 Code Update: 03199
TIGARD MUNICIPAL CODE
The board, at its first meeting in each fiscal determinations made by the Building Official
year, shall elect a chairperson and vice- relative to the application of Title 14, except
chairperson,who shall serve at the pleasure of the Chapter 14.16, of the Tigard Municipal Code and
board. The chairperson and vice-chairperson shall any other authority granted in statute, law,or rule,
be voting members of the board. The vice- The board shall have no authority relative to
chairperson shall preside in the absence of the interpretation of the administrative provisions of
chairperson. Title 14 of the Tigard Municipal Code nor shall
the board be empowered to waive requirements of
2.09.070 Meetings—Quorum--Voting. Title 14 of the Tigard Municipal Code.
The board shall meet as necessary. Four B. In granting any appeal, wherein the
members constitute a quorum. All decisions of requirements of Title 14 of the Tigard Municipal
the board shall be by a majority vote of those Code are modified,the board shall first find that a
members present and voting. Any item shall be special individual reason makes compliance with
deemed not to pass when there is lack of majority the strict letter of Title 14 of the Tigard Municipal
vote. Code impractical and that the modification is in
conformance with the intent and purpose of Title
2.09.080 Board member conflict of 14 of the Tigard Municipal Code and that such
interest. modification does not lessen any fire-protection
requirements or any degree of structural integrity.
A member of the board shall not participate
in any board proceeding or action in which that C. In granting any appeal wherein an
member has a personal or pecuniary interest. Any alternate material or method of construction not
actual or potential interest shall be disclosed at the specifically prescribed by Title 14 of the Tigard
meeting of the board where the action is being Municipal Code is approved, the board shall first
taken. find that the proposed design,material,method,or
work offered is,for the purpose intended, at least
2.09.090 Disclosure of prehearing the equivalent of that prescribed by Title 14 of the
contact. Tigard Municipal Code in suitability, strength,
effectiveness,fire resistance,durability,safety and
A member of the board shall disclose to the sanitation. The board shall require that sufficient
board, prior to any proceeding of the board, any evidence or proof be submitted to substantiate any
prehearing or ex parte contacts with the applicant, claims that may be made regarding such
or applicant's officers, agents, or employees. A alternates.
member of the board shall disqualify himself or
herself or be disqualified by the remaining D.The details of any board action, with
members of the board, when it appears that the accompanying findings, shall be entered into the
impartiality or objectivity of any member has record for the property in question.(Ord.99-06)
been compromised by prehearing or ex parte
contact. 2.09.110 Rules and procedures.
2.09.100 Powers and duties of board. The board shall establish such rules and
regulations for its governance and procedure
A. The board shall have the authority to hear consistent with the laws of the state and the
and decide appeals of orders, decisions or ordinances of the city.■
02-09-2 Code Update: 03199