DUTIES: The Appeals Hearing Board
hears code enforcement appeals of blighted conditions, illegal building
activity, unsafe and unsanitary living conditions, abondoned, dismantled
and inoperative vehicles, neglected vacant houses, weed abatement
liens and garbage liens. The Board also hears appeals of police
permit denials or revocations, sign removal fees, utility billing
and graffiti abatement fees.
RELATIONSHIPS: The Appeals
Hearing Board is quasi-judicial. The City's Administrative Remedies
Ordinance provides an administrative code enforcement procedure
which is used in lieu of criminal and civil judicial enforcement,
including the imposition of penalities up to $2,500 a day per violation.
When the Board determines there is a violation it can impose an
order requiring compliance, reimbursement of all City enforcement
costs, and payment of civil penalties.
QUALIFICATIONS: Members of
this Board must be residents of the City of San José and cannot
be City employees. One member shall be an attorney-at-law licensed
to practice in the State of California.
MEETINGS: The Board generally
meets the second and fourth Thursdays of every month (check with
staff for dates in November and December) at 6:30 P.M. in the Council
Chambers. On average, Board Members spend at least 15 hours per
month preparing for and attending meetings.
BENEFITS: Each member of the
Board shall be paid the sum of $100 per meeting up to a maximum
of $200 per month.
POLITICAL REFORM ACT OF 1974 AS AMENDED:
The Conflicts of Interest Section of the Political Reform Act applies
to Appeals Hearing Board Members who are required to file a Statement
of Economic Interests, Form 700, to disclose investments, income
including gifts and loans, real property interests and business
positions.
APPOINTMENT PROCESS: All applications
received are submitted to the Project Diversity Screening Committee
for review according to the needs of the Board as specified in a
Needs Assessment Memo. Applications will be forwarded to the City
Attorney for a Conflict of Interest review and thereafter, the applicants
will be asked to appear before the Screening Committee Members for
an interview. Following interviews, the Screening Committee will
submit recommendations for the applicants to the City Council. Depending
on the number of vacancies and the number of applicants, Council
will determine how many applicants will be invited to appear during
a regularly-scheduled Council meeting to be interviewed by the Mayor
and Council. The Mayor and Council then cast written ballots. Applicants
receiving six or more votes, or the highest number of votes over
six, will be appointed to serve on the Board.
ATTENDANCE: Board Members are
expected to attend all Board meetings. San José Municipal Code Section
2.08.060 specifies that a Commissioner who has unexcused absences
from any three consecutive regular meetings, or 20% of the meetings
in a calendar year, is deemed to have resigned.
For further information about the Board, please call
the Board Staff at 408-277-8428.
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