[Ord. No. 1304 §79, 10-21-2009]
There is a board already established by the Johnson County Department
of Planning, Codes and Development to assist the Building Code Official
and the City of Mission in their responsibilities and duties, which
is known as the Board of Code Review, hereinafter referred to "BCR."
[Ord. No. 1304 §80, 10-21-2009]
A.
The
BCR shall:
1.
Provide advice and counsel and shall render interpretations or opinions
to the Building Code Official, upon such person's request to the Johnson
County Building Official, regarding the provisions of the various
codes, standards and other publications adopted by the City pursuant
to this Code of Regulations.
2.
Review and provide comment to the City Council concerning the contents
of any newly published edition of any code, standard or other publication
adopted or proposed to be adopted by the City pursuant to this Code
of Regulations; recommending to the City Council the advisability
of adopting same, with or without any deletions, additions or amendments
thereto proposed by the BCR.
3.
Perform any additional duties that the City Administrator may prescribe
through the Johnson County Building Official. In all cases, the "BCR"
shall be subject to the jurisdiction and control of the Board of County
Commissioners.
B.
The
BCR shall be limited in its authority to that of an advisory board
and neither its advice, counsel or opinions shall be binding upon
or control the actions of the City of Mission or the Building Code
Official.
[Ord. No. 1304 §81, 10-21-2009]
A.
The
BCR shall consist of members who are qualified by their experience
and training to advise upon matters pertaining to the various codes,
standards and other publications adopted by the City of Mission pursuant
to this Code of Regulations. Toward that end, membership in the BCR
shall be comprised of individuals from the following crafts and professions:
B.
Membership
in the BCR shall be limited to seven (7) in number. Members appointed
to the BCR shall serve at the will and pleasure of the Board of County
Commissioners and shall serve until their successors are appointed.
Vacancies shall be filled by appointment by the Board for the unexpired
term. Members appointed to the BCR shall be residents of Johnson County,
Kansas, and shall not be individuals who currently hold elected office
within the boundaries of the County; nor shall they be appointed or
hired employees of the County or its agencies, departments or commissions;
nor shall they be appointees by the Board of County Commissioners
to any other position, board or commission that performs services
for and on behalf of the Board.
C.
The
initial appointments to the BCR shall be made for one (1), two (2)
or three (3) year terms; two appointments each to one (1) and two
(2) year terms and three (3) appointments to three (3) year terms.
Thereafter, all appointments shall be made for three (3) year terms,
provided all vacancies shall be filled for the unexpired term.
D.
The
County Building Code Official shall be an ex officio non-voting member
of the BCR and shall act as the secretary for the BCR. The Building
Code Official or his or her designate shall keep a proper record of
all the proceedings of the BCR.
E.
Members
of the BCR shall serve without compensation for their services, but
may receive such traveling expenses and training as the Board of County
Commissioners authorizes, which shall be paid from any funds available
for such purpose.
F.
After
the effective date of this Code of Regulations, the appointed members
of the BCR shall initially meet at such time and place as fixed by
the County Building Code Official and the members appointed shall
select one (1) of their number as Chairperson and one (1) as Vice
Chairperson who shall serve one (1) year terms in that capacity until
their source has been selected. A Chairperson or Vice Chairperson
may serve one (1) or more consecutive terms in that capacity.
[Ord. No. 1304 §82, 10-21-2009]
A.
In
addition to any other duties and responsibilities exercised by the
Board of Code Review under the provisions of this Article, the BCR
shall be authorized to hear and determine any written request filed
by any person for review and reconsideration of any decision of the
Building Code Official which is discretionary in nature or which involves
an interpretation of any code, standard or other requirement adopted
under this code.
1.
Any person seeking review of a decision or interpretation of the
Building Code Official shall, within ten (10) days of the decision
or interpretation, file a written request for review or reconsideration,
on a form approved by the BCR, specifying the nature of the decision
and the relief requested.
2.
Upon receipt of any written request for review, the BCR shall give
notice to the applicant and the Building Code Official of the time
and place, not more than fourteen (14) days thereafter, when the BCR
shall meet to review and consider the request.
3.
The BCR shall, after hearing the request, issue its opinion in writing
to the applicant and the Building Code Official.
4.
The Building Code Official may concur in the opinion rendered by
the BCR or may submit the matter to the Mission City Council for final
review and decision.
B.
On
any action proposed by the Code Enforcement Officer under the International
Property Maintenance Code, as adopted, for the posting, repair, vacation,
demolition, rehabilitation, destruction or removal of any building
or structure, the property owner may, within ten (10) days of receipt
of notice of the proposed action, request, in writing, a review and
reconsideration of the decision of the Building Code Official and
the BCR shall provide a review hearing to the applicant prior to any
further action being taken by the Building Code Official.
C.
Except as set forth in Subsection (B), the Board of Code Review shall not have any authority over nor review any matter related to a citation, a prosecution or enforcement action issued by the Building Code Official for any alleged violation of the Code or any code or standard adopted by this code and all such actions shall be heard and reviewed by an appropriate court of competent jurisdiction.
D.
Within
thirty (30) days of their initial meeting or as soon as thereafter
as reasonable and practicable, the BCR shall propose and adopt, subject
to the approval of the City Council, rules and procedures for the
performance of its duties and the conduct of its responsibilities.
