HomeMy WebLinkAboutOrdinance 5761ORDINANCE NO. 5761
AN ORDINANCE TO ENACT ARTICLE XXVII CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS IN CHAPTER 33 DEPARTMENTS,
BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE
CODE
WHEREAS, the Housing Board of Adjustments and Appeals was first created by
Ordinance No. 2251 on July 6, 1976; and
WHEREAS, the original ordinance has been amended to change the name and
composition of the board, which is now called the Construction Board of Adjustment and
Appeals, but these provisions have never been codified.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts
Article XXVII Construction Board of Adjustment and Appeals in Chapter 33, Departments,
Boards, Commissions and Authorities as shown below:
33.390 Composition; Membership
The Construction Board of Adjustment and Appeals shall consist of seven full
members appointed by the City Council, each for a term of five years ending on
March 31. Appointments shall be staggered. Two alternate members shall also
be appointed by the City Council, each for a term of five years ending on March
31. Four members, which may include alternate members, of the Construction
Board of Adjustment and Appeals shall constitute a quorum.
33.391 Proceedings of Construction Board of Adjustment and Appeals
(A) The Construction Board of Adjustment and Appeals shall adopt rules
necessary to the conduct of its affairs. Meetings shall be held at the call of
the chairperson and at such other times as the Construction Board of
Adjustment and Appeals may determine. All meetings shall be open to
the public.
Page 2
Ordinance No. 5761
(B) The Construction Board of Adjustment and Appeals shall keep minutes of
its proceedings showing the vote of each member upon each question
which shall be a public record and be filed in the office of the Building
Safety Director after their approval.
33.392 Administrative Review
The Construction Board of Adjustment and Appeals shall hear and decide appeals
pursuant to its authority under § 155.06(D)."
PASSED and APPROVED this 7th day of April, 2015.
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SONDRA E. SMITH, City Clerk Trea as4
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FAYETTEVILLE
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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I Text File
File Number: 2015-0172
Agenda Date: 4/7/2015 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C. 5
File Type: Ordinance
ENACT ARTICLE XXVII CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
AN ORDINANCE TO ENACT ARTICLE XXVII CONSTRUCTION BOARD OF ADJUSTMENT
AND APPEALS IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND
AUTHORITIES OF THE FAYETTEVILLE CODE
WHEREAS, the Housing Board of Adjustments and Appeals was first created by Ordinance No. 2251
on July 6, 1976; and
WHEREAS, the original ordinance has been amended to change the name and composition of the
board, which is now called the Construction Board of Adjustment and Appeals, but these provisions
have never been codified.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXVII
Construction Board of Adjustment and Appeals in Chapter 33, Departments, Boards, Commissions and
Authorities as shown below:
33.390 Composition; Membership
The Construction Board of Adjustment and Appeals shall consist of seven full members appointed by
the City Council, each for a term of five years ending on March 31. Appointments shall be staggered.
Two alternate members shall also be appointed by the City Council, each for a term of five years ending
on March 31. Four members, which may include alternate members, of the Construction Board of
Adjustment and Appeals shall constitute a quorum.
33.391 Proceedings of Construction Board of Adjustment and Appeals
(A) The Construction Board of Adjustment and Appeals shall adopt rules necessary to the conduct of
its affairs. Meetings shall be held at the call of the chairperson and at such other times as the
Construction Board of Adjustment and Appeals may determine. All meetings shall be open to the
public.
(B) The Construction Board of Adjustment and Appeals shall keep minutes of its proceedings
City of Fayetteville, Arkansas Page 1 ♦ Printed on 912812015
File Number: 2015-0172
showing the vote of each member upon each question which shall be a public record and be filed in the
office of the Building Safety Director after their approval.
33,392 Administrative Review
The Construction Board of Adjustment and Appeals shall hear and decide appeals pursuant to its
authority under § 155.06(D)."
City of Fayetteville, Arkansas Page 2 Printed on 9!2812015
Legistar ID No.: c)O 9 S " 0 I `l ?—
AGENDA REQUEST FORM
FOR: Council Meeting of April 7, 2015
FROM:
City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO ENACT ARTICLE XXVII CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS IN CHAPTER 33 DEPARTMENTS, BOARDS,
COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE
APPROVED FOR -AGENDA:
iv Attornev Kbit Williams
Don Marr, Chief of Staff
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Date
ate
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Date
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
THRU: Kit Williams, City Attorney
FROM: Blake Pennington, Assistant City Attorney --
DATE: March 18, 2015
Kit Williams
City Attorney
Slake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
RE: Ordinance to Codify Provisions for Construction Board of
Adjustment and Appeals
In 1976, the Housing Board of Adjustment and Appeals was created to hear
appeals from administrative decisions on building code matters. Since that
time, ordinances have been adopted changing the name to Construction
Board of Adjustment and Appeals and modifying the membership
provisions to include seven full members and two alternate members;
however, these changes were never codified.
This Board meets very infrequently - only twice in the past two years - but
it is a Board that takes final City action on the matters it hears. Arkansas
law provides that appeals from decisions of the Construction Board of
Adjustment and Appeals must be filed with the Washington County
Circuit Court except in extremely limited circumstances. Furthermore, the
decisions made by this Board can have a serious impact on the health and
safety of those who live and work in Fayetteville. For example, the
Board's most recent hearing was an appeal from an administrative decision
to deny a certificate of occupancy because a building did not comply with
the fire code and staff believed workers would have been exposed to an