Duties of the Appeals Hearing Board

There are seven members of the Appeals Hearing Board. Each member serves a term of four years. The Appeals Hearing Board hears code enforcement cases such as blighted conditions, illegal building activity, unsafe and unsanitary living conditions, abandoned, dismantled and inoperative vehicles on private property, neglected vacant houses, weed abatement liens, garbage liens and other matters. The Board also hears appeals of police permit denials or revocations, stop sign appeals, sign removal fees, utility billing and graffiti abatement fees.

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 penalties 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.

Member Qualifications & Information

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.

The board generally meets the second and fourth Thursday 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.

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

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

Following posting of a Notice of Vacancy, all applications received by the deadline will be submitted to the mayor and council members who, in turn, will notify the city clerk as to whom they would like to interview. Applicants receiving four or more such indications of interest will be asked to appear during a regularly-scheduled council meeting and will be interviewed by the mayor and council. The mayor and council then cast written ballots which are read into the record by the city clerk. 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 secretary at 408-535-7770.

Additional Information

• Board Members and Vacancies
• Rules and Regulations
• 2019 Meeting Schedule

2019

2018