14.12.010 Creation and appointment
There shall exist in the City a Board of Appeals consisting of seven members appointed by the City Council, except that all members heretofore appointed to the Board of Appeals holding office on the effective date of the ordinance codified in this title shall continue to hold office until the expiration of their terms. Members shall be appointed for a term of three years. Members must be qualified by experience and training to pass upon matters pertaining to building construction. In the event of the resignation, death, or retirement of any member, or removal of a member for good cause, a replacement shall be designated by City Council. If a replacement is designated, it shall be for the unexpired portion of the three-year regular term and not for a full three-year term. When the term of office of a regular member or alternate expires, a replacement shall be designated by City Council. The appointed member shall serve a full three-year term.
A. The Board of Appeals shall annually elect a chairman from the regular members who shall preside over all hearings and proceedings of the Board. The chairman may designate a member of the authority to assume the duties in the chairman’s absence.
B. The Building Official or authorized representative shall function as Secretary and staff advisor to the Board of Appeals and shall not vote on any matter coming before the board. (Ord. O-2011-10 § 12, 2011; Ord. O-2006-17 § 12; Ord. O-86-7 § 1 (Exh. A (part)), 1986).
14.12.020 Purpose and authority
The Board of Appeals shall have the following authority to hear and decide appeals from any order (or the failure to issue an order when one is called for), requirement, decision, or determination made by the Building Official or authorized representative or other administrative official in the following areas:
A. To interpret the provisions of this title;
B. To grant relief in the application of the codes adopted by Title 14 of the Lakewood Municipal Code, providing the Board determines the applicant demonstrates all of the following:
1. The appeal was filed within the time allowed in subsection (F) of this section;
2. The strict application of the code is impractical or serves no useful purpose in its application to this case;
3. The relief is in conformity with the intent and purpose of the code;
4. The relief does not lessen any fire-protection or health and safety requirements or any degree of structural integrity; and,
5. The material, method or work offered is, for the purpose intended, comparable to that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
C. To hear appeals from the decision of the Building Official regarding contractor registrations as follows:
1. To review and decide upon all appeals of decisions made by the Building Official on contractor registrations in the City;
2. To review and approve rules, regulations, and procedures relating to contractor registrations;
3. To conduct appellate hearings in the event the Building Official exercises authority to deny the issuance of a registration or to revoke or suspend an existing registration;
D. Any decision made by the Board as a result of an appeal shall apply only to that applicant.
E. Limitations of authority. The Board of Appeals shall have no authority relative to the interpretation of administrative provisions of these codes.
F. An appeal by an aggrieved party from any determination, action, or failure to act by the Building Official shall be filed by the aggrieved party within fourteen days from said determination. Failure to file said appeal within fourteen days shall be a waiver of any further right of appeal. The filing of an appeal shall not prevent the issuance of a building permit for other construction that is not the object of the appeal.
G. In addition to the appellate responsibilities to be exercised in accordance with the procedures set forth in this section, the Board of Appeals shall have the following responsibilities:
1. To review additions, changes or amendments which may be proposed to be made in these codes and advise the City Council with respect to the desirability and necessity for any such changes, particularly with reference to local conditions prevailing in the City and the Denver metropolitan area;
2. To review, without further direction of the Council, all proposed amendments to the Building Code or any code adopted by this title, and make recommendations to the City Council with respect thereto;
3. To receive proposals for amendments to the Building Code from the Building Official and any person, firm, corporation, or association, and to make recommendations to the Council with respect to the Building Code;
4. To receive recommendations of the fire authorities having jurisdiction in the City and the Lakewood Police Department regarding amendments to the Building Code;
5. To call upon and receive expert opinions with respect to the broad spectrum of building matters, particularly as related to proposed amendments to the Building Code.
H. The Board of Appeals shall adopt reasonable procedural rules and regulations to carry out its responsibilities as set forth in this chapter. (Ord. O-2011-10 § 12, 2011; Ord. O-91-59 § 4 (part), 1991; Ord. O-91-54 § 1, 1991; Ord. O-86-7 § 1 (Exh. A (part)), 1986).
All decisions of the Board of Appeals shall be in writing and shall state the reasons and grounds for such decision.
A. Decisions of the Board shall be made after notice and a hearing at which any party or applicant shall be entitled to appear and present evidence and be represented by counsel. Copies of all such decisions shall be mailed to all parties in interest and to the City Attorney within five days of the making of such decision, by first class mail, postage prepaid, to the address of each party in interest as the same appears in the records of the Board of Appeals, and to the City Attorney at the Lakewood Municipal Building. The decisions of the Board of Appeals shall be final and there shall be no further administrative review.
B. Decisions of the Board of Appeals shall be subject to review by court action, in accordance with Rule 106 of the Colorado Rules of Civil Procedures and should be limited to the causes stated herein. Any application for review must be filed in the District Court, not later than thirty days from the final action of the Board of Appeals.
C. The City shall be considered to be a party to every proceeding before the Board of Appeals, and the City shall have thirty days following any decisions within which to initiate proceedings for the appeal or review of any such decision, and shall be barred from appeal or review of the same if proceedings are not commenced within such thirty-day period. (Ord. O-2011-10 § 12, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).
A record of hearings before the Board of Appeals shall be kept, whether by electronic transcription, secretarial minutes, or otherwise and such records shall be kept in the custody of the City Clerk and shall be made available for transcription as may be required. (Ord. O-2011-10 § 12, 2011; Ord. O-86-7 § 1 (Exh. A (part)), 1986).