§ 5-3. Appeals

(a) Notwithstanding the provisions of sections 1-33(d) and 5-1, all appeals from determinations and orders by the building official and/or the fire marshal shall be to the access, building, fire and housing board of appeals (the "board"). The board may adopt reasonable rules and regulations for conducting its investigations and shall render its decisions and findings on contested matters in writing to the building official or the fire marshal, as applicable, with a duplicate copy thereof to any appellant or contestant affected by a decision or findings of the board.

(b) The above-referenced appeals shall be filed with the building official on application forms established by the appeals board and consistent with the Construction Codes adopted in section 5-1. An appeal application fee shall be paid to process the appeal as set by resolution of city council. Notice of the appeal and appeal hearing shall comply with the Construction Codes adopted in section 5-1

(c) The decision by the board shall be final on the date made and not subject to further appeal to city council.

(d) The decision by the board shall be final on the date made and the provisions of California Code of Civil Procedure Section 1094.6 shall apply to such decision.

(e) Where a notice and order of the building official or fire marshal or decision of the board becomes final and a violation of this title has been determined to exist, the city attorney is hereby authorized to commence civil or criminal proceedings to abate the violation of the provisions of this title. A violation of any provision of this title shall constitute a public nuisance and costs for abatement, including attorney's fees and court costs, shall be subject to reimbursement from the property owner to the city pursuant to the construction codes adopted in section 5-1

(Ord. No. 95-11, § 1, 8-7-95; Ord. No. 04-14, § 1, 12-6-04 ; Ord. No. 07-18, § 3, 10-16-07 ; Ord. No. 10-10, § 4a., b., 9-21-10 )