Chapter 15.33
NOTICE OF BUILDING OCCUPANCY PROHIBITIONS
Sections:
15.33.040 Posted notifications.
15.33.050 Unlawful to remove notification.
15.33.010 Intent.
This chapter establishes the notification process used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the chief building official and their authorized representative to post the appropriate notice or placard at each entry point to a building or structure upon completion of a safety assessment. Buildings or structures may become unsafe for occupancy due to a large-scale natural event, a single accident, dilapidated property maintenance, or for any of the factors set forth in the building code which make a property uninhabitable, and which may cause harm or jeopardize the safety of the occupant. (Ord. 22-12 § 1).
15.33.020 Application.
The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the city of Benicia. The city council may extend the provisions as necessary. (Ord. 22-12 § 1).
15.33.030 Definitions.
“Safety assessment” means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy. (Ord. 22-12 § 1).
15.33.040 Posted notifications.
The following is a description of the notifications or placards used by the building official to designate the condition for allowed occupancy of buildings or structures:
A. “Inspected/Lawful Occupancy Permitted” is to be posted on any building or structure where no apparent structural hazard has been found. The notification is not intended to mean that there is no damage to the building or structure, but that it is safe to occupy.
B. “Yellow Tag/Restricted Use” is to be posted on each building or structure that has been determined to be unsafe or uninhabitable to the extent there is a restriction on continued occupancy. The notification shall note the reasons for the restrictions on continued occupancy and what type of occupancy will be allowed.
C. “Red Tag/Unsafe/Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged or has become uninhabitable such that continued occupancy poses a threat to life safety. Buildings or structures posted with this notification shall not be entered under any circumstance except as authorized in writing by the building official or their authorized representative. Safety assessment teams shall be authorized to enter these buildings with permission from the building official. This notification is not to be used or considered as a demolition order. The notification shall note the reasons for the complete restriction on any occupancy.
D. All notifications should cite this section and provide contact information for the appropriate city staff person. (Ord. 22-12 § 1).
15.33.050 Unlawful to remove notification.
Once a notification has been attached to a building or structure, it shall not be removed, altered or covered until done so by an authorized representative of the chief building official. It shall be unlawful for any person, firm or corporation to alter, cover or deface a notification posted pursuant to this chapter. (Ord. 22-12 § 1).