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ITEM: ORDINANCE NO. 2025-05 (APPEALS TO CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL AMENDING CHAPTER 5, ARTICLE I, SECTION 5-2, SUBSECTION 113 (CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS) OF THE CODE OF ORDINANCES TO CLARIFY THE PROCEDURES FOR APPEALING A DECISION OF THE BUILDING OFFICIAL TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2025-05 to amend Chapter 5, Article I, Section 502, Subsection 113 of the Wellington Code of Ordinances to clarify the procedures for appealing a decision of the Building Official to the Construction Board of Adjustment and Appeals.
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EXPLANATION: The Construction Board of Adjustment and Appeals hears appeals of decisions and interpretations of the Building Official, considers variances of the technical codes, and constitutes and acts as the Local Construction Regulation Board. While the Board is generally bound by the Village of Wellington Council Rules of Procedure, applicable to all Wellington boards and committees pursuant to Resolution No. R2024-41, the Rules of Procedure do not specifically address the process for appeals of decisions and interpretations of the Building Official.
The purpose of this amendment is to outline a procedure for such an appeal to provide clarity to the Construction Board of Adjustment and Appeals in the event it is tasked with hearing an appeal from a decision or interpretation of the Building Official. The proposed amendment was modeled after the procedure in the Land Development Regulations for an appeal of the decision of the Planning, Zoning and Building Director to the Planning, Zoning & Adjustment Board. Specifically, the proposed amendment provides forty-five (45) calendar days to convene a meeting of the Construction Board of Adjustment and Appeals after a notice of appeal has been received by Wellington, unless the building official and the appellant mutually agree to an extension of this time period. Additionally, the amendment clarifies that: (1) the appellant shall be given a reasonable opportunity to be heard; (2) that the interpretation or decision in question shall be presumed correct and the appellant has the burden to demonstrate errors; (3) that the Board shall not reject or modify the building official’s interpretation/decision if it is supported by competent substantial evidence; and (4) that the board shall render its determination at the conclusion of the hearing.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Ordinance No. 2025-05 to amend Chapter 5, Article I, Section 502, Subsection 113 of the Wellington Code of Ordinances to clarify the procedures for appealing a decision of the Building Official to the Construction Board of Adjustment and Appeals.