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Home My WebLink AboutOrdinance 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. AFTT !lt >TT IS ^.TTEST: Y: �O�t c�ta . SONDRA E. SMITH, City Clerk Trea as4 ° s �P FAYETTEVILLE e®®®s e r O' "� eea. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 �I 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 ldk,u �s Date ate �qp&- 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 unacceptable risk of harm. The Board ultimately upheld City staff's decision. The Unified Development Code sets forth some of the general duties of the Construction Board of Adjustment and Appeals but does not contain any provisions regarding the composition or proceedings of the Board. This proposed ordinance will codify these provisions so that residents and those doing business in Fayetteville will have easier access to information about the Board. It also extends the term of alternate members to five years so these positions do not have to be filled by the City Council every year. 2 ORDINANCE NO. 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. (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. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS Democrat 7V 0z .�e P.Q. BOX 1607, FAYETTEVILLE, AR, 72702 - 470-442-1700 - FAX: 479 -69a -1i18 - WWW.NWADG...OM AFFIDAVIT OF PUBLICATION APR 27 2015 I, Karen Caler, do solemnly swear that I am the Legal Clerk of the CITY OF ERYETTF19C-E CITY Ci_ERKS OFFICE Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance 5761 Was inserted in the Northwest Arkansas Democrat Gazette on: April 16, 2015 Publication Charges: $ 129.70 Kare Caler Subscribed and sworn to before me This ?-+ dayof(21oC,2015. Notary Public I My Commission Expires: Z-/JZ0j-- **NOTE** Please do not pay from Affidav babe CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024