3B Public Hearing 2010 1115 - Laserfiche WebLink

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are qualified by experience and training to pass upon matters pertaining to building construction, engineering, or fire inspection. In addition thereto, the building official shall be an ex officio member, shall act as secretary to the board, and shall have a voice but no vote. The members appointed by the Mayor shall hold office at the Mayor's pleasure. The board shall adopt reasonable rules and regulations for conducting its hearings and shall render all of its decisions and findings in writing. The decision of the board shall be final and conclusive on matters relating to the suitability of alternative materials and types of construction. Upon receipt of the board's written decision, the building official shall proceed in accordance therewith. 112.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of, nor shall the board be empowered to waive requirements of, the San Leandro Municipal Code including all construction codes adopted by reference and the Dangerous Building Code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. SECTION 113 VIOLATIONS 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the ORDINANCE NO. 2010-013 20