Posted: February 22, 2018
Rapid City
Agenda Item Summary

Agenda Item Ref. #: LF022818-05

Agenda Item Title:

Second Reading and Recommendation of Ordinance No. 6225 An Ordinance to Amend Provisions Concerning Appeals to the Building Board of Appeals by Amending Sections 15.04.120 and 15.04.130 of the Rapid City Municipal Code

Origination Group:
Legal & Finance Committee
Origination Meeting Date:
02/28/2018
Stage 2 Group Name:
Legal & Finance Committee
Stage 2 Meeting Date:
03/14/2018
City Council Hearing Date:
03/05/2018
City Council First Reading Date:
03/05/2018
City Council Second Reading Date:
03/19/2018
Staff Contact:
Ken Young
Agenda Item Summary:
This ordinance would clarify the appeal jurisdiction of the Building Board of Appeals. It would retain the Board’s oversight of disputes related to the building code, so that when an individual disagrees with the Building Official as to the requirements or conditions within the code, that person may appeal that decision to the Building Board of Appeals. As for licensing determinations, however, the ordinance would make it clear that appeal of license decisions of the Building Official may only be made by the individual whose license was suspended or revoked, or the applicant whose license was not issued. Currently, “any person aggrieved” by any decision of the Building Official may seek an appeal before the Building Board and, possibly, Council. The ordinance also cleans up some language about the timing of filing an appeal. It is recommended that, to follow best practices, the Board’s authority should be focused on appeals of action relating to code compliance and licensure. The decision to not revoke a contractor’s license should not be appealable by an outside party, if insufficient evidence for such action has been determined by the Building Official. This would be considered a non-action. Only those actions which cause a revocation should be appealable, and then, by the person whose license has been revoked. Otherwise, anybody who doesn’t like their contractor for almost any reason could claim to be aggrieved, and therefore abuse the appeal process. Issues or aggrievances that regard situations other than licensure can and should be handled through other methods, i.e. small claims court. In June/July 2017, staff had proposed a similar ordinance -- Ordinance No. 6186 -- and the Building Board of Appeals recommended approval of Ordinance 6186. However, at the Council meeting on July 17, 2017, a motion to approve first reading failed on a 5-5 vote.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve
Origination Recommendation Notes:
The Building Board of Appeals recommended approval of Ordinance No. 6225 on February 13, 2018.

Attachments & Links to Download:

pdf LF022818-05 Ordinance No. 6225 (149 KB)

Login Form