1 RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, STATE
OF CALIFORNIA, APPOINTING A PANEL OF QUALIFIED PERSONS TO HEAR
AND DECIDE ADMINISTRATIVE APPEALS
WHEREAS, the City Council of the City of Marysville desires to establish a process to hear and decide appeals of orders, decisions and determinations relative to the application and interpretation of its municipal code and other regulations governing construction, use, maintenance, change of occupancy, nuisance abatement and other matters; and
WHEREAS, the City Council of the City of Marysville desires to designate a panel from which there may be selected a three-person panel of hearing examiners who might function as a local appeals board or a housing appeals board as referenced herein; and WHEREAS, those persons designated in this resolution are found and determined to be knowledgeable in the applicable building codes, regulations and ordinances which pertain to such appeals; and
WHEREAS, the City by this resolution hereby establishes the list of potential hearing examiners and a process for random selection on a three-person panel to hear a specific appeal.
WHEREAS, Sections 17920-17929 of the California Health and Safety Code contains various provisions regarding the regulation of buildings used for habitation; and WHEREAS, the California Building Code likewise contains provisions of a similar nature; and WHEREAS, the City Council of the City of Marysville desires to establish a process to hear and decide appeals or orders, decisions and determinations made by its enforcement officers relative to the application and interpretation of the California Building Code and other statutes and regulations governing the construction, use, maintenance and change of occupancy and related provisions; and WHEREAS, Health and Safety Code Section 7920.5 concerns a “local appeals board” to mean a Board or agency of a City or County authorized to hear appeals regarding building requirements of the City; and
WHEREAS, Health and Safety Code Section 17920.6 provides that a “Housing Appeals Board” means the Board or agency of a City or County which is authorized by the governing body to hear appeals regarding requirements of such jurisdiction relating to the use, maintenance and change of occupancy of hotels, motels, lodging houses, apartment houses, and dwellings or portions thereof, and buildings and structures accessory thereto, including requirements governing the alternation, additions, repair, demolition and moving of such buidings; and WHEREAS, the City Council desires to appoint a panel of individuals knowledgeable concerning the applicable building codes, regulations and ordinance pertaining to the City who would be qualified to hear appeals regarding the application of the same; and 2 NOW, THEREFORE, be it resolved by the City Council of the City of Marysville as follows:
SECTION 1:
There is hereby established a panel of individuals to be selected as needed on a random basis to constitute a three-person panel to hear appeals within the purview of a local appeals board as well as a housing appeals board. The selection of the initial three-person panel to hear an appeal shall be established by assigning a random number to each member of the panel designated in Section 2 below. The initial list shall be such that the person with the lowest randomly assigned number shall be placed at the top of the list and the remaining persons shall be listed in sequential order with the lowest assigned random numbers at the top descending to the largest randomly assigned number.
Once this randomly created list of panelists is established, the first appeal shall be assigned to the three panelists at the top of the list. After those individuals have heard an appeal, their names shall be placed at the bottom of the list with the next three top panelists assigned to the second appeal and so forth. Those individuals who may be subsequently added to the panel of hearing examiners shall be placed at the bottom of the list for rotation purposes.
SECTION 2:
Those individuals comprising the initial panel of hearing examiners shall consist of the following individuals:
Jeremy Strang, Code Enforcement Manager, Yuba County
Tony Campos, CBO, City of Yuba City
Will Foote, CBO, City of Lincoln
Joe Cuff, CBO, City of Citrus Heights
Bob Latz, CBO, Acting City of Sacramento
Winfred Deileion, CBO, Retired City of Sacramento
The order set forth in this resolution does not state the ultimate list for purposes of panel rotation which shall be established as set forth in Section 1 above.
SECTION 3:
The City Council hereby authorizes and directs the City Manager or designee, to execute appropriate uniform agreements with panel members specifying their compensation pertaining to their service on a hearing examiner panel.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced and adopted by the City Council of the City of Marysville, County of Yuba, State of California, on the 8 th day of
August, 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officialseal ofsaid City this 8 th day of August, 2024. I, Maggie Sanchez, Deputy City Clerk of the City of Marysville, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 8
th day of August, 2024, and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.
Date:
By:
Maggie Sanchez, Deputy City Clerk
Attestation Date: City of Marysville, California
By its City Council
By:
Chris Branscum, Mayor