Loading...
Construction Regulation Board ~ CITY OF EDGEWATER CONSTRUCTION REGULATION BOARD BYLAWS ARTICLE I: Purpose and Intent The purpose and intent of these bylaws is to set forth a uniform set of procedures whereby the Edgewater Construction Regulation Board may regulate the manner in which it elects officers, conducts meetings and otherwise carries out its functions. It is further the intent of these Bylaws to serve as a self-imposed guideline in the handling of affairs pertaining to the Edgewater Construction Regulation Board (hereafter CRB). ARTICLE II: Officers The CRB shall elect a Chairman and Vice Chairman from among its members at the first regular meeting in January each year. A. Chairman - The Chairman shall serve as presiding officer at all meetings of the CRB and shall conduct the meetings as specified herein. The Chairman shall be elected by a majority of the membership at the regular meeting in the month of January and the term of office shall be one (1) year. The Chairman shall be eligible for reelection. 1. The Chairman shall transmit reports and recommendations of the CRB to the City Council and, in general, shall act as spokesman for the CRB. 2. The Chairman shall sign all orders of the CRB issued in reference to appeals and disciplinary action. 3. The Chairman shall appoint from the CRB membership any committees found necessary to address matters before the Board. B. Vice Chairman - The Vice Chairman shall be elected by the CRB from among its regular members in the same manner as the Chairman and shall be eligible for reelection. 1. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties as the Chairman. 2. If the Chairman for any reason does not complete July 27, 1995 1 'v his term of office, the Vice Chairman shall become the Chairman and the CRB shall elect a new Vice Chairman. Both shall serve until the CRB holds its regular elections in January. C. Secretary - The City shall provide clerical support for the CRB. The Secretary, with the aid of the Building Official, shall prepare all correspondence, keep the minutes of the proceedings, establish and maintain CRB files and tapes and shall make sure all records are properly kept. ARTICLE III: Rules and procedure A. Regular Meetings The CRB shall schedule regular meetings during the months of January, March, May, July, September and November. B. Special Meetings - Special meetings of the CRB may be called by the Chairman, Vice Chairman, Building Official or Fire Official if at least forty-eight (48) hours notice is given to each member of the CRB. In case of extenuating circumstances, the Chairman may call an emergency meeting if at least twenty-four (24) hours notice is given to each member. C. Workshop Meetings - Workshop meetings may be held as required for the purpose of enabling the CRB to conduct its business. Although such meetings shall be open to the public and members of the press, the CRB is not required to entertain comments or questions from other than CRB members. D. Continued Meetings - The CRB may continue a regular or special meeting if all business cannot be conducted on the advertised date. No further public notice shall be necessary for resuming such meetings provided the time, date and place of resumption is stated at the time of continuance. July 27, 1995 2 ..v E. Cancellation of Meetings - Whenever a majority of the members notify the Secretary of their inability to attend a meeting, the Secretary shall cancel the meeting by giving notice to all members prior to the time set for the meeting. In addition, notice shall be posted in a conspicuous place within or at he scheduled meeting chambers and the press shall be notified of the cancellation. F. Conduct of Meetings - All meetings shall be open to the public and shall be conducted as determined by the CRE. G. Committee Meetings This Article shall govern all committee meetings except that committees are not required to hold regular meetings, but may conduct their business at workshop and special meetings. H. Public Hearings - Public hearings shall be scheduled when required by the Land Development Code and as the CRE deems necessary to transact its business. Notice of public hearings shall be provide as prescribed by the Land Development Code and Florida Law. I. Quorum - No business shall be transacted by the CRE without a quorum. A quorum shall consist of four (4) members. The affirmative vote of four (4) members is required for any formal action of the CRE relating to appeals and disciplinary action. All other recommendations and actions of the CRB shall require the affirmative vote of a majority of the members present. ARTICLE IV: Aqenda An agenda shall be prepared by the Secretary listing all matters which shall be taken up before the CRE at any of its meetings. No matter except what is listed on the agenda shall be considered except by unanimous vote of the members present. ARTICLE V: Staff The CRB and duly authorized committees shall have access to the information and staff of all City departments as directed by July 27, 1995 3 .{ · .' 1-- the City Manager on such a basis as these departments are able to render assistance to the CRB. staff members may be appointed to serve the CRB as determined by the City Manager. ARTICLE VI: Amendments These Bylaws may be amended at the regular or special meeting of the CRB provided that a written notice shall have been sent to each member five (5) days in advance of the meeting, such notice shall state the amendment proposed. After motion and second, the vote on these Bylaws was as follows: Michael A. Bosse Yes Robert Howard Yes Gary s. Madole Yes Les Ogram Absent Nancy J. Swiney Yes James w. Tindall yes Lester Yarnell Yes PASSED AND DULY ADOPTED this 27th day of July, 1995. ATTEST: ..~ -;r;"-~tiJ\ ,J/). ,/)\ "t:.; / t <1 ',()~, .- l~ -- 9-~-'.~ I '~v_.L~JL~ - Tanya Elliott Secretary APPROVED FOR FORM AND CORRECTNESS: '.' ,~i C'I I-. ,t.. , i'/ . r. .'/1" t r L.t.i!:<J C",- /-'. (j 0-1...L'L;;'.. Kris~a A. Storey ~ City Attorney July 27, 1995 h:\tonya\crb\bylawB 4 ., CITY OF EDGEWATER CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BYLAWS ARTICLE I: Purpose and Intent The purpose and intent of these bylaws is to set forth a uniform set of procedures whereby the Edgewater Construction Board of Adj ustment and Appeals may regulate the manner in which it elects officers, conducts meetings and otherwise carries out its functions. It is further the intent of these Bylaws to serve as a self-imposed guideline in the handling of affairs pertaining to the Edgewater Construction Board of Adjustment and Appeals (hereafter CM) . ARTICLE II: Membership A. The CM shall be composed of seven (7) members appointed by the City Council. Five (5) members shall be representative of the following: Florida licensed general contractor, Florida licensed architect. or structural engineer, Florida licensed property or casualty agent, Florida certified fire inspector or firefighter, and a citizen at large. The remaining two (2) members shall be chosen from the following Florida licensed contractors: electrical, plumbing, and air conditioning. The architect shall be other than a landscape architect. No city employee shall be a member of the CM. B. Each member of the CM shall be a resident of the City unless no qualified resident candidate applies. C. Members of the CM shall be appointed for a term of three (3) years without compensation but may receive travel and other necessary expenses while on official business of the CM. Due to the need to stagger terms to guarantee continuity on the CM, the initial appointments shall be as follows: Three (3) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and two (2) members shall be appointed for three (3) years. D. If a member of the CM is absent for three (3) consecutive regular meetings or twenty five percent (25%) or more of all meetings held during any calendar year, said member shall forfeit the office. The City Council shall fill the office for the remainder of the unexpired term. E. A member of the CM may be removed for. cause by the City Council at any time, provided however, that before such removal the member shall be provided with written charges and is afforded a public opportunity to provide a defense. F. No member of the CM shall vote upon any matter which would inure to his special private gain; or of any principal to which he is retained or to the parent organization or subsidiary of a corporate principal by which he is retained: or which would inure to the special private gain of a relative or business associate. G. No member of the CM shall appear for or represent any person in any matter before the CM other than himself. H. No past member of the CM shall appear before the CM except when representing himself/herself for a period of twelve (12) calendar months after his service has ended. ARTICLE III: Officers The CM shall elect a Chairman and Vice Chairman from among its members at the first regular meeting in January each year. 1 A. Chairman The Chairman shall serve as presiding officer at all meetings of the CAA and shall conduct the meetings as specified herein. The Chairman shall be elected by a majority of the membership at the regular meeting in the month of January and the term of office shall be one (1) year. The Chairman shall be eligible for reelection. 1. The Chairman shall transmit reports and recommendations of the CAA to the City Council and, in general, shall act as spokesman for the CAA. 2. The Chairman shall sign all orders of the CAA issued in reference to appeals and disciplinary action. 3. The Chairman shall appoint from the CAA membership any committees found necessary to address matters before the Board. B. Vice Chairman - The Vice Chairman shall be elected by the CAA from among its regular members in the same manner as the Chairman and shall be eligible for reelection. 1. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties as the Chairman. 2. If the Chairman for any reason does not complete his term of office, the Vice Chairman shall become the Chairman and the CAA shall elect a new Vice Chairman. Both shall serve until the CAA holds its regular elections in January. C. Secretary - The City shall provide clerical support for the CAA. The Secretary, with the aid of the Building Official, shall prepare all correspondence, keep the minutes of the proceedings, establish and maintain CAA files and tapes and shall make sure all records are properly kept. ARTICLE IV: Rules and procedure A. Regular Meetings The CAA shall schedule regular meetings during the months of January, March, May, July, September and November. B. Special Meetings - Special meetings of the CAA may be called by the Chairman, Vice Chairman, Building Official or Fire Official .if at least forty-eight (48) hours notice is given to each member of the CRB. In case of extenuating circumstances, the -Chairman may call an emergency meeting if at least twenty-four (24) hours notice is given to each member. C. Workshop Meetings - Workshop meetings may be held as required for the purpose of enabling the CAA to conduct its business. Although such meetings shall be open to the public and members of the press, the CAA is not required to entertain comments or questions . from other than CAA members. D. Continued Meetings - The CAA may continue a regular or special meeting if all business cannot be conducted on the advertised date. No further public notice shall be necessary.for resuming such meetings provided the time, date and place of resumption is stated at the time of continuance. E. Cancellation of Meetings - Whenever a majority of the members notify the Secretary of their inability to attend a meeting, the Secretary shall cancel the meeting by giving notice to all members prior to the time set for the meeting. In addition, notice shall be posted in a conspicuous place within or at he scheduled meeting chambers and the press shall be notified of the cancellation. 2 I . F. Conduct of Meetings - All meetings shall be open to the public and shall be conducted as determined by the CAA. G. Committee Meetings - This Article shall govern all committee meetings except that committees are not required to hold regular meetings, but may conduct their business at workshop and special meetings. H. Public Hearings Public hearings shall be scheduled when required by the Land Development Code and as the CAA deems necessary to transact its business. Notice of public hearings shall be provided as prescribed by the Land Development Code and Florida Law. I. Quorum - No business shall be transacted by the CAA without a quorum. A quorum shall consist of five (5) members. The affirmative vote of four (4) members is required for any formal action of the CAA relating to appeals and disciplinary action. All other recommendations and actions of the CAA shall require the affirmative vote of a majority of the members present. ARTICLE V: Powers & Duties A. To review the building, tire, and other related technical codes and policies. B. To hear appeals of a decision or action of the Building Official or Fire Chief regarding the adopted technical codes. C. To provide recommendations to the City Council on building and construction related matters. D. To exercise disciplinary control and oversight over locally licensed contractors. E. To adopt rules of procedures not inconsistent with the provisions of this Article and approved as to legal form and correctness by the City Attorney. ARTICLE VI: Agenda An agenda shall be prepared by the Secretary listing all matters which shall be taken up before the CAA at any of its meetings. No matter except what is listed on the agenda shall be considered except by unanimous vote of the members present. ARTICLE VII: Appeals A. The purpose of this section is to set forth an appeals process regarding interpretations, enforcement, decisions or actions by the Building Official or Fire Chief. B. The CAA is deemed to be competent to sit in judgment on matters concerning the interpretation of the standard building codes and the NFPA Life Safety and Fire Prevention Codes and its' enforcement. C. The CAA shall provide for reasonable interpretation of the provisions of the codes and rule on appeals from decisions of the department having jurisdiction. D. Application for appeals shall be submitted to the Building Department along with a non-refundable fee as established by the City. The application shall state the code provisions from which relief is sought and the remedy proposed. E. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief when it is claimed anyone or more of the following conditions exist. 1. The true intent of the codes or ordinances described are interpreted incorrectly. 2. The provisions of the code or ordinance do not fully apply. 3 . . 3. A decision is unreasonable or arbitrary as it applies to alternatives or new materials. F. Any Person shall be permitted to appeal a decision by the Building Official or the Fire Chief when anyone or more of the following decisions have been reached. 1. The refusal to issue a building permit. 2. Refusal to approve a proj ect on interim or final inspection. 3. Refusal to issue a C.O. 4. Issuance of a stop work order. S. A decision that a proj ect is subj ect to and must conform to one or more technical codes and must be authorized by a building permit. 6. Revocation of a building permit, C.O. or use. G. Any person aggrieved by a decision of the CAA shall appeal such decision to the Circuit Court. ARTICLE VIII: Staff The CAA and duly authorized committees shall have access to the information and staff of all City departments as directed by the City Manager on such a basis as these departments are able to render assistance to the CAA. Staff members may be appointed to serve the CAA as determined by the City Manager. ARTICLE IX: Amendments These Bylaws may be amended at the regular or special meeting of the CAA provided that a written notice shall have been sent to each member five (5) days in advance of the meeting, such notice shall state the amendment proposed. After motion and second, the vote on these Bylaws was as follows: Michael A. Bosse Scott Waldroff Michael Stull Andrew M. Hunt Charles L. Cobb James W. Tindall Donald Slaney PASSED AND DULY ADOPTED this day of ATTEST: CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS Tonya Elliott Board Coordinator Michael A. Bosse Chairman APPROVED FOR FORM AND CORRECTNESS: Robin Matusick Legal Assistant tonya\crb\bylawB 4