Chapter 2.70 ENGINEERING GEOLOGY AND SOILS REVIEW AND APPEALS BOARD

2.70.010 Definitions.

2.70.020 Board established--Qualifications for members.

2.70.030 Length of service--Vacancy.

2.70.040 Chairman, vice-chairman and other officers.

2.70.050 Meetings--Quorum.

2.70.060 Compensation.

2.70.070 Legislative functions--Rules and regulations.

2.70.080 Review functions.

2.70.090 Record of decisions and findings.

2.70.100 Appeal from decisions on unsafe sites--Time limit.

2.70.110 Appeal from decisions on unsafe sites--Hearing.

2.70.120 Appeal from decisions on unsafe sites--Decision.

2.70.010 Definitions.

As used in this chapter:
A. “Engineering geology” means the application of geologic knowledge, principles and techniques in the observation and evaluation of the influence of earth materials, including groundwater, in the planning, construction and maintenance of earth slopes and engineering structures.
B. “Soils engineering” means the investigation of the stability of existing or proposed slopes, the control and installation and compaction of fills, the determination of soil bearing values, and the provision of design criteria with calculations for special earth structures such as buttress fills. (Ord. 11881 § 5, 1979: Ord. 10307 § 4, 1971: Ord. 7796 § 4 (part), 1960: Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 454, 1942.)

2.70.020 Board established--Qualifications for members.

A. A board designated as the county engineering geology and soils review and appeals board is established, and will be referred to hereinafter in this chapter as the “board.”
B. The board shall consist of five regular positions, one alternate position and one ex officio member. Three of the regular members and the alternate member shall be qualified by education, state registration, training, experience and prominence in the field of engineering geology. Two members shall be qualified by education and state registration as civil engineers, and by training, experience and prominence in the field of soils engineering. The ex officio member shall be the county engineer of Los Angeles County or his duly authorized representative. A regular or alternate member of the board shall be appointed to a vacant position by, and serve at the pleasure of, the board of supervisors. Each member of the board of supervisors may nominate a candidate for one of the positions as a regular member of the board. Nomination of a candidate to the position of alternate member of the board shall be rotated among each member of the board of supervisors.
C. Each person who is a regular or alternate member of the board on the effective date of the amendment codified in this section shall serve at the pleasure of the board of supervisors for the remainder of his or her term of three years. (Ord. 90-0086 § 2(a), 1990: Ord. 11881 § 2, 1979: Ord. 10307 § 1, 1971: Ord. 9368 § 1 (part), 1967: Ord. 8644 § 1 (part), 1964: Ord. 7796 § 4 (part), 1960; and Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 451, 1942.)

2.70.030 Length of service--Vacancy.

The provisions of this section shall become applicable to a position on the board at the expiration of the term of the regular or alternate member occupying that position on the effective date of the amendment codified in this section.
A. Each regular or alternate member of the board shall serve at the pleasure of the board of supervisors. Each regular or alternate position on the board shall become vacant every four years from the date of the amendment codified in this section becomes applicable to each position.
B. A member’s position on the board shall become vacant upon his or her death, resignation, or removal by the board of supervisors. In the case of such a vacancy, the board of supervisors shall appoint a successor to serve until the position next becomes vacant under subsection A of this section.
C. The provisions of Chapter 5.12 of the County Code shall not apply to the board. (Ord. 90-0086 § 2(b), 1990: Ord. 1881 § 3, 1979: Ord. 10307 § 2, 1971:Ord. 8355 § 15 (part), 1963: Ord. 7796 § 4 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 452, 1942.)

2.70.040 Chairman, vice-chairman and other officers.

At its first meeting and annually thereafter, the board shall choose from among its members a chairman, a vice-chairman, and such other officers as it sees fit, to serve for one year. The county engineer or his representative shall act as secretary to the board. (Ord. 11881 § 4 (part), 1979; Ord. 10307 § 3, 1971: Ord. 7796 § 4 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 453, 1942.)

2.70.050 Meetings--Quorum.

The board shall hold at least one regular meeting each month, except that no regular meeting shall be held if the secretary of the board determines that there is no business to be transacted and so notifies the members. If any regular member is absent from any meeting or, by reason of disqualification or otherwise, does not participate in a particular case, the alternate member may serve in his place at such meeting and in such case shall be deemed a regular member. On an appeal from a decision of the county engineer as to whether or not by reason of geologic conditions a building site is unsafe or proposed grading work is unsafe, or a geologic report is required, the presence of two members, (one of whom may but need not be the alternate member) who are qualified by education, training, experience and prominence in the field of engineering geology, plus not less than one other regular or alternate member shall be necessary to constitute a quorum. On an appeal from a decision of the county as to whether or not by reason of soils conditions a building site is unsafe or proposed grading work is unsafe, or a soils report is required, the presence of two members who are qualified by education, training, experience and prominence in the field of soils engineering plus not less than one other regular or alternate member shall be necessary to constitute a quorum. In all other cases, any combination of regular members or regular members plus alternate member numbering three constitutes a quorum. At a meeting at which a quorum is present, only a majority vote of the regular and alternate members present shall constitute a board action. (Ord. 11881 § 6, 1979: Ord. 10307 § 5, 1971: Ord. 9368 § 1, 1967: Ord. 8644 § 1 (part), 1964: Ord. 8573 § 1, 1964: Ord. 7796 § 4 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 455, 1942.)

2.70.060 Compensation.

The members of the board shall receive the compensation provided from time to time in the current salary ordinance. In the absence of any provision therefor in said current salary ordinance, the members of the board shall serve without compensation, except when required to travel in the performance of their duties, they shall be reimbursed for their necessary travel expenses, including transportation, meals and lodging in accordance with applicable provisions of Ordinance 4099. (Ord. 11881 § 4 (part), 1979; Ord. 10307 § 6, 1971: Ord. 7796 § 4 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 456, 1942.)

2.70.070 Legislative functions--Rules and regulations.

The board shall recommend rules and regulations governing its own procedures for adoption by the board of supervisors. Copies of these rules and regulations shall be made available to the public. The board may also, from time to time, recommend to the board of supervisors for adoption such amendments to this chapter as are considered necessary. (Ord. 11881 § 4 (part), 1979; Ord. 10307 § 7, 1971: Ord. 8644 § 1 (part), 1964: Ord. 7796 § 1 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 457, 1942.)

2.70.080 Review functions.

The board shall also serve as a board of review of the adequacy of geological reports and shall provide for interpretations of data, opinions, conclusions or any one or more thereof contained in such reports. It shall also review any request for reconsideration referred to it by the board of supervisors, pursuant to Section 94 of Title 28 of this code, relating to designation of real property in a geologically unstable area, and shall prepare a report and make a recommendation on the request to the board of supervisors. (Ord. 89-0004 § 1, 1989: Ord. 11881 § 4 (part), 1979; Ord. 10307 § 8, 1971: Ord. 7796 § 4 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 464, 1942.)

2.70.090 Record of decisions and findings.

The board shall keep a record of its decisions and findings. (Ord. 11881 § 4 (part), 1979; Ord. 10307 § 9, 1971: Ord. 7796 § 4 (part), 1960; Ord. 7754 § 1 (part), 1960: Ord. 4099 Art. 31 § 465, 1942.)

2.70.100 Appeal from decisions on unsafe sites--Time limit.

If any person is dissatisfied with the decisions of the county engineer as to whether or not, by reason of geologic conditions, a building site is unsafe, or proposed grading work is unsafe, or a geologic report is required, within 30 days after such decision, such person may file a written notice of appeal with the secretary of the board in which he shall state his reasons for the appeal and the address to which all future notices to him should be mailed. (Ord. 11881 § 4 (part), 1979; Ord. 10307 § 10, 1971: Ord. 9368 § 2 (part), 1967: Ord. 4099 Art. 31 § 469, 1942.)

2.70.110 Appeal from decisions on unsafe sites--Hearing.

Upon receiving a notice of appeal from the decision of the county engineer, the secretary of the board shall set the matter for hearing not more than 40 days after the filing of the notice of appeal. The said secretary shall give not less than five days’ notice in writing to the appellant, either in the manner required by law for the service of summons or by first class mail postage prepaid addressed as specified in the notice of appeal. At the hearing, the board shall hear the appellant and consider his testimony and any other evidence which in its opinion is material. (Ord. 11881 § 4(part), 1979; Ord. 10307 § 11, 1971: Ord. 9368 § 2 (part), 1967; Ord. 4099 Art. 31 § 470, 1942.)

2.70.120 Appeal from decisions on unsafe sites--Decision.

Based upon the evidence, at the conclusion of the hearing, or thereafter, the board shall affirm, reverse or modify the decision of the county engineer. Within 10 days after the decision of the board, the secretary thereof, in writing, shall notify the appellant of the decision. (Ord. 11881 § 4 (part), 1979; Ord. 10307 § 12, 1971: Ord. 9368 § 2 (part), 1967: Ord. 4099 Art. 31 § 471, 1942.)