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Board asks staff to compile options for a local Board of Building Appeals after USBC enforcement discussion
Summary
The Board heard that the Building Official is required to enforce USBC provisions and that appeals may be directed to a Board of Building Appeals; because Charlotte County has not had an active appeals board for years, the Board asked Administrator Witt to prepare options for creating a local board or contracting with another locality, including qualifications and cost estimates.
Administrator Daniel N. Witt told the Board Dec. 11 that County Attorney Slayton had provided guidance by email and that the Building Official is required by state code to enforce the Uniform State Building Code. Witt said those receiving a Notice of Violation may appeal to a Board of Building Appeals similar to a Board of Zoning Appeals, but Charlotte County has not maintained an active Board of Building Appeals in many years.
Supervisor Hazel Bowman Smith and Supervisor Noah Davis said they preferred establishing a local board with representation from each district if possible. Vice Chairman Walter Bailey asked about costs and noted qualification rules could make district representation difficult; Witt said member compensation would be $30 per meeting and that costs would occur primarily when appeals arise. Supervisor Henry Carwile said he thought pursuing enforcement through the courts would be unlikely to succeed but acknowledged the appeal process exists.
By consensus, the Board asked Administrator Witt to compile a list of options for creating a local Board of Building Appeals, including suggested qualifications, whether to recruit one board with district representation, and the option to contract with a neighboring locality that has an established board.
No formal action to create the board was taken at the meeting; staff follow-up was requested.
