For residents living in most California cities, the building and development process is one commonly described as tedious and convoluted. In the past, many people hoping to build in Hermosa Beach have found themselves at odds with city employees over the interpretation of state codes.

Many people assume the city’s building planners and inspectors have the final word when it comes to such interpretation. Although most are unaware of its existence, the city does maintain a state-adopted Board of Appeals for those wishing to dispute any section of the California Building Code.

“I don’t think a lot of residents know about this. In fact, I think two or three council members didn’t even know about it until recently,” said Planning Commissioner Pete Tucker who works full time as a building inspector. “The idea is to rule on disputes related to code issues. It’s for people who aren’t satisfied with building issues and a panel of people who are in the construction business or have expertise in that area are required to abide by the code but are allowed to interpret it. In a way, it takes the building officials off the hook because officials can then assert the issue was handed over to the board and it ruled so it gets the city out of it in terms of liability. Once an issue is ruled on, the building officials have to go with it since these people are appointed by the city. So if people are having problems with the building department then they can go to these guys. The city is a business and if the customers aren’t happy then they won’t come back again. The staff should tell people about their option, that’s what they get paid to do.”

According to the state’s building code book, the city shall appoint residents to the board who are qualified in the field of construction and can offer its expertise in interpreting any particular code in question.

“In order to hear and decide appeals of orders, decisions, determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction,” states Section 105 of the California Uniform Building Code. “Any person adversely affected by any regulation, rules, omission, interpretation, decision or practice of any state agency, respecting the administration of any building standard may appeal the issue for resolution to the commission.”

The board comprises five men, all of whom possess some kind of expertise in fields related to construction and development. According to one of its members, Bud Murray, the board hasn’t convened on any matter in more than two years. Murray, 81 and now retired, was a self-employed plumbing contractor since 1957. Murray has sat on the board for nearly 25 years.

“We used to have meetings once a month and we’d work it out one way or the other,” he said. “I kind of have an inkling as to why we are not being called, and I think it’s because these departments are making the rules up themselves and I think it has progressively gotten worse. I don’t think a lot of people know about this and I think what they believe is that the decision they receive from the building official is one written in stone.”

Those wishing to dispute the interpretation of a state code may do so after paying a $191 filing fee and completing a Board of Appeals application.

“I agree the Board of Appeals should be more involved,” said City Councilman Art Yoon. “I am confident in the commission or our staff on most matters. However, I think if there is a chartered process and the board is part of that process, they should be engaged. I believe staff/ commission makes the right decisions for the most part, but I would also say that there have been a fair number of complaints. I understand from our city manager that it is not uncommon for the building department to be the least popular, which makes sense intuitively.”

According to resident Richard Gebele who built his house on 10th Street, the city required him to repave a large section of the street costing him $20,000 which it then tore up within the year for a street project planned roughly six years ago.

“We went to the city manager and City Council, and they did nothing. They do what they do best, and ignored us and hoped we would go away. This issue almost made us move and is the main reason I am running for City Council,” said Gebele. “No one should be shaken down like we were. It is obvious the city management has no regard for the residents or their money. The street work that we performed cost approximately $15,000. In addition to the street pavement, we paid (an estimated) $10,000 in school fees, $25,000 in building & county fees, $22,000 for a new sewer line, $14,000 for curbs and sidewalks, and we increased our annual tax assessment for $1,200 per year to $8,000. One would think you would receive a thank you instead of the screws.”

Another appeals board member who wished to remain anonymous said the city-appointed group mostly reviewed cases concerning third-story decks and undergrounding utilities.

“Usually when someone remodels their home with a 50 percent or more improvement they are required to underground their electrical wires by installing a new panel that can handle underground service even if the wires are still overhead,” he said. “The board can waiver this project if there is a financial hardship, if an additional amount of work is required like installing the panel 50 feet away or if Edison isn’t planning on undergrounding this area any time in the future meaning it’s not in its 20-year plan.

“From what I experienced, the building department when I was first appointed worked really well with people back then, but then all of a sudden it made it tough for people to obtain permits. You have to make permits easy for people to get or you then have bootlegs in town and people building things illegally. I think by not making it clear this board exists is doing a disservice to the city.”

City Councilman Sam Edgerton recently put the issue on the agenda for the council to review the board’s role and brainstorm ways to engage the board in a more proactive manner.

“Although such similar boards are active in neighboring cities, it appears the Planning Department has taken the appeals board out the picture in Hermosa Beach,” said Edgerton “It has made the board dormant when homebuilders should have it as a remedy in interpreting nonadministrative sections of the Uniform Building Code. Requiring building contractors to ‘do it my way or the highway’ when such actions may not be required by law, or worse, contradict the provisions of the code, are bad and needlessly expensive. Therefore this review body needs to be resurrected.”