DUTIES: The Appeals Hearing Board
hears code enforcement appeals of blighted conditions,
illegal building activity, unsafe and unsanitary living
conditions, abandoned, dismantled and inoperative vehicles
on private property, 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 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.
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:
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 Commission. 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 408-277-8428.
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