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HomeMy WebLinkAbout01032002 BSC Agenda Item 8 • • BUILDING AND STANDARDS COMMISSION Rules of Procedures These rules of procedures for the Building and Standards Commission ("BSC") of the City of West University Place, ("City") are adopted in accordance with the requirements of Subchapter C of Chapter 54 of the Local Government Code of the State of Texas (Subchapter C") and Chapter 6 of the Code of Ordinances of the City ("Chapter 6"). ARTICLE I Rules Subordinate to Re re`` is of Law The Rules of Procedures as herein set out ar:sdo. + as required by law and in the event of conflict with any provision of Subchapter C, sai• 'es shall in all things be deemed superseded by such conflicting law. , R CLE II Meetings Regular meetings of the B . be held at 6:00 P.M., on the first Thursday of each month. The City Manager with concu ce from the Chair may cancel any meeting of the BSC. Special meetings may be called by the Chair of the BSC or at the request of two commission members. The BSC meetings may be conducted in accordance with Robert's Rules of Order, Tenth Edition, at the Chair's discretion. If any question arises as to procedure, the ruling of the Chair or, in his/her absence, the Vice-Chair shall be final. Informal voice voting shall be used, unless a BSC member requests a roll call vote. Where there is a single vote on a group of items, under circumstances where no member requests a separate vote, the vote on the group is deemed to be the same as a separate, identical vote on each item. The presiding officer will preserve order and decorum, preventing the impugning of any member's motives or other personal comments not relevant to the orderly conduct of business. The presiding officer shall request all speakers to keep comments brief and relevant to the question before the BSC. All remarks by members should be directed to the chair, not to other members. All persons present in the meeting room should eschew abusive, rude or inappropriate conduct. • • % Speakers at public sessions should limit their presentations to three minutes each. Speakers should direct all remarks and questions to the presiding officer, who may refer them for investigation, response or other action. The Texas Open Meetings Act requires the City to post a notice, in advance, listing every topic or subject to be considered by the BSC. This law may prevent the BSC from considering a subject raised by a member of the public. In this case, the presiding officer may refer the matter and the BSC may direct that the matter be placed on the agenda for an upcoming meeting. Any of the rules prescribed by this section may be suspended, for any single meeting, by a vote of three-fourths of the BSC members present. ARTICLE III Agenda The Recording Secretary is responsible for assembling the agenda for each meeting. The Recording Secretary must place a subject on the a!;; .a if a formal application has been submitted or if requested by the Chair or by two or issioners. Persons wishing to appear before the Co is ' n sh. ° make formal application on pp Standard City of West University Place forms file in the office of the Building Division, 3826 Amherst, West University Place Texas T2 be considered for placement on the Agenda of the next Regular Meeting, applications nd fifteen (15) copies of all supporting documentation shall be received,;and docketed by the Recording Secretary (a) at least twenty-one (21) calendar days=prior to the date of the next Regular Meeting if public notification is required or kb) At jet4st f if een (14) calendar days prior to the date of the next Regular Meeting if p blic:notification is not required. All other Agenda items shall be submitted to the Recording Secretary- by 12:00 noon ten (10) calendar days prior to the date of the Regular Meet or hr the case of a Special Meeting, 96 hours in advance of the Special Meeting. The agenda items for each meeting shall be arranged in the following order: Introduction of Members Hearing of the Public Approval of Minutes Docketed Items Adjournment The agenda shall be posted with the notice of meeting. 2 • • ARTICLE IV Selection of Chair and Vice-Chair At the first BSC meeting after September 1 of each odd-numbered year, the regular members shall elect from among their number a Chair (if the City Council has not designated a Chair or Presiding Officer) and a Vice-Chair who shall serve for the balance of the terms of office for the positions to which they were appointed and thereafter until their successors are appointed and shall have qualified. Vacancies shall be filled for the un-expired position of the current term. ARTICLE V Rehearing and Reconsideration of Cases The BSC shall have the jurisdiction to rehear and/or reco sider cases previously decided. Any person seeking rehearing and/or reconsideration of a ca = all file a written motion addressed to the Commission, specifying the grounds for reheari • .i or reconsideration. The Commission shall review all motions properly filed and may s dule .,rural oral hearing. Cases shall be placed on the Agenda per ARTICLE III. A Quasi-Judici ° ii'=cem t Cases Under Subchapter C (a) Subchapter C cases. rticle only applies to quasi-judicial enforcement cases under Subchapter C of C ter 5 t' "Texas Local Government Code. (b) Initiation of case e Building Official of the City shall initiate and prosecute before the BSC all cases initiated by the City. Any other person desiring to have a case prosecuted before the BSC must first file the case with the Building Official on such forms or in such format as from time to time prescribed by the Building Official. The Building Official shall determine if probable cause exists to prosecute the case before the BSC. If probable cause is found to exist, the Building Official shall initiate the case by filing a petition or complaint with the Recording Secretary. If it is determined that no probable cause exists, no further action shall be taken on the complaint. If for any reason the person initiating the complaint disagrees with the decision of the Building Official, an appeal may be taken to the City Manager. (c) Docketing cases. The Recording Secretary shall set cases on the Commission's docket as they are filed by the Building Official. (d) Notices. Notices of Subchapter C cases shall be given by the Recording Secretary as provided for in Subchapter C. (e) Panel. The BSC is a commission of record and quasi-judicial body as provided for in Subchapter C. All cases heard by the commission must be heard by a panel of at least four members. 3 • 0 (f) Records. The Recording Secretary shall be responsible for keeping all records of proceedings before the BSC. The Recording Secretary shall provide certified copies of the proceedings of the BSC upon payment of such cost as from time to time established by the City. (g) Witnesses. All witnesses and interested persons wishing to speak will be sworn by oath prior to the commencement of any case before the Commission. (h) Parties. A party in interest shall be defined as the Building Official; the owner, mortgagee, or mortgagor of the property which is the subject of a case before the Commission; and any other party who demonstrates a justifiable interest in the case and is admitted by the Commission as a party. Any party may be represented by counsel or other representative. (i) Order of proceedings at hearings. The normal order of proceedings for Subchapter C hearings is as follows: (1) Call to order and administration of oaths to witnesses (2) Presentation by the Building Offi (3) Receipt of written comments, p. t. , etc. (4) Presentation by other parties\in rote" ° (and presentations by members of the public, if time allow, d the Commission grants permission for good cause shown). ir (5) Response by the Building Official (limited to issues raised by other presentations,written comments etc.) (6) Incorporation of testimony, exhibits, etc. into record and close of hearing. Members of the BSC may pose questions to each witness. Other persons may submit written questions to be asked by the pair, at t e Chair's discretion. If requested by written motion and supported by a showing of good cause and true need, the BSC may allow direct cross- questioning. A hearing may be adjourned from time to time and from place to place. After completion of the hearing, the Chair shall close the hearing. (Note: The Commission will usually deliberate later during the same meeting, but may do so at a later meeting.) (j) Decision. The Commission may impose conditions or time limitations on any decision reached, as well as directing any peace officer under its jurisdiction to carry out its orders. The decision of the Commission shall be in the form of an order. All orders, supplements, or amendments thereto must be affirmatively passed by at least four members of the Commission voting in favor. Certified and/or photocopies shall be mailed and noticed in accordance with law. 4 • • ARTICLE VII Non-Subchapter-C Cases (a) Non-Subchapter C Cases. In addition to hearing cases pursuant to Subchapter C, the Commission has other duties and responsibilities under Chapter 6 in discharging such obligations. These functions include: deciding appeals from administrative actions, acting on variances and issuing advisory opinions. (b) Initiation of cases. Cases may be initiated as provided in Chapter 6 or other ordinances of the City, typically by a person appealing from a decision of a City official or a person seeking a variance or interpretation. A City official may initiate a non-Subchapter C case. (c) Docketing cases. The Recording Secreta shall set cases on the Commission's docket as they are filed. (d) Notices. Notices shall be given by ;-$ 'e ,rding cretary as required by Chapter 6, and otherwise as prescribed by the Building Of 1 4 r the Commission. (e)Panel. The BSC is a s icia ►ody. Non-subchapter-C cases must be heard by a panel of at least three members. (f) Records. Thy-'ecore Val • cretary shall be responsible for keeping all records of proceedings before the : T Recording Secretary shall provide certified copies of the proceedings of the BSC upon ent of such cost as from time to time established by the City. (g) Witnesses. Upon request of a party and a showing of good cause, witnesses and interested persons wishing to speak will be sworn by oath prior to the commencement of a hearing before the Commission. (h) Parties. A party in interest shall be defined as the owner, mortgagee, or mortgagor of the property which is the subject of a case before the Commission; any City official whose decision is in question; the applicant (if different from the above); and any other party who demonstrates a justifiable interest in the case and is admitted by the Commission as a party. Any party may be represented by counsel or other representative. (i) Order of proceedings at hearings. The normal order of proceedings for non- Subchapter C hearings is as follows: (1) Call to order and administration of oaths to witnesses (2) Presentation by the applicant (3) Receipt of written comments, protests, etc. (4) Presentation by other parties in interest (and presentations by members of 5 the pike, if time allows and the Commissionnts permission for good cause shown). (5) Response by the applicant (limited to issues raised by other presentations, written comments, etc.) (5) Incorporation of testimony, exhibits, etc. into record and close of hearing. Members of the BSC may pose questions to each witness. Other persons may submit written questions to be asked by the Chair, at the Chair's discretion. If requested by written motion and supported by a showing of good cause and true need,the BSC may allow direct cross- questioning. A hearing may be adjourned from time to time and from place to place. After completion of the hearing, the Chair shall close the hearing. (Note: The Commission will usually deliberate later during the same meeting, but may do so at a later meeting.) (j) Decision. The Commission may impose conditions or time limitations on any decision reached, as well as requesting assistance from City officials to carry out its decisions. All decisions, supplements, or amendments thereto must be affirmatively passed by a simple majority of those present and voting. Certified and/or photocopies shall be mailed and noticed in accordance with law. (k) Recommendations. The Commission mak trt er make recommendations to the City Council as to any needed modifications, amendm s andnges in the Code of Ordinances of the City. 4 R m LE VIII Amendments These rules may be amen.'6- at an ime by a majority of the entire Commission if proper notice of an intent to amend is • in accord with the Texas Open Meetings Act, and such amendment, unless otherwise stated in the amending motion, shall take effect immediately. PASSED AND APPROVED by the BSC on , 20 Attest: Approved: 6