Title 36, Chapter 74, Section 5
( 36-74-5)
(a) The local governing body may appoint one or more code
enforcement boards and legal counsel for the enforcement boards.
The local governing body may appoint code enforcement boards
consisting of three, five, or seven members. The local governing
body may appoint up to two alternate members for each code
enforcement board to serve on the board in the absence of board
members. (b) Members of the enforcement boards shall be residents of the
municipality, in the case of municipal enforcement boards, or
residents of the county, in the case of county enforcement boards.
In making appointments to an enforcement board, the local governing
body shall make good faith efforts to appoint one or more
individuals who have experience or expertise relevant to one or more
of the county or municipal codes that are within the subject matter
jurisdiction of the respective enforcement board, including
individuals with property management and litter control experience;
provided, however, that the authority and jurisdiction of an
enforcement board shall not in any way be limited due to the absence
from its membership of one or more individuals with such experience
or expertise. (c)(1) The initial appointments to a seven-member code enforcement
board shall be as follows: (A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement
board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement
board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in
paragraphs (1), (2), and (3) of this subsection all terms shall be
for three years. (5) The local governing body of a county or a municipality may
reduce a seven-member code enforcement board to five members, or a
five-member code enforcement board to three members, upon the
simultaneous expiration of the terms of office of two members of
the board. (6) A member may be reappointed upon approval of the local
governing body. (7) An appointment to fill any vacancy on an enforcement board
shall be for the remainder of the unexpired term of office. If
any member fails to attend two of three successive meetings
without cause and without prior approval of the chairperson, the
enforcement board shall declare the member's office vacant, and
the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the
local governing body and may be suspended and removed for cause as
provided in such ordinances for removal of members of boards. A
local governing body may, with or without cause, refuse to
reappoint any member of an enforcement board at the expiration of
his or her term of office. (d) The members of an enforcement board shall elect a chairperson,
who shall be a voting member, from among the members of the board.
The presence of four or more members shall constitute a quorum of
any seven-member enforcement board, the presence of three or more
members shall constitute a quorum of any five-member enforcement
board, and the presence of two or more members shall constitute a
quorum of any three-member enforcement board. Members shall serve
without compensation, but may be reimbursed for such travel,
mileage, and per diem expenses as may be authorized by the local
governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an
enforcement board or shall represent the municipality or county by
presenting cases before the enforcement board, but in no case shall
the local governing body attorney serve in both capacities. |