Chapter 15.70 EARTHQUAKE HAZARD REDUCTION

(a) The purpose of this chapter is to promote public safety and welfare by establishing minimum standards for structural seismic resistance in unreinforced masonry buildings in order to reduce the risk of death or injury that may result from the effects of earthquakes on such buildings. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to retrofitted buildings.

(b) This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry buildings based upon their present use; and, where appropriate, requires the strengthening or demolition of buildings. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6103.)

15.70.030 Finding and determination.

(a) The Legislature of the State has enacted Senate Bill No. 547 (Stats. 1986, Chapter 250) adding Chapter 12.2 (commencing with Section 8875) to Division 1 of Title 2 of the California Government Code requiring seismic hazard identification of and a mitigation program for unreinforced masonry buildings in all cities located in Seismic Zone 4, as defined in said bill.

(b) The city is located within Seismic Zone 4.

(c) The city council desires to lessen the risks to life and property of the residents of the city as posed by earthquakes.

(d) The city council has determined to implement a seismic hazard identification and mitigation program that requires owners of unreinforced masonry buildings to investigate and correct the potential seismic hazards of their buildings in the time and manner specified in this chapter. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6106.)

15.70.040 Scope.

The provisions of this chapter shall apply to all buildings constructed of unreinforced masonry wall construction and identified by the building official as unreinforced masonry buildings with the exception of:

(a) Detached single-family dwellings.

(b) Buildings that are by law not subject to city building regulations. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6109.)

15.70.050 Conflicting provisions in the Uniform Building Code or California Building Standards Code.

When provisions of this chapter and provisions of the Uniform Building Code or California Building Standards Code as adopted by or made applicable to the city conflict, the provisions of this chapter shall govern. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6112.)

15.70.060 Definition of unreinforced masonry wall.

For the purposes of this chapter, “unreinforced masonry wall” shall mean a masonry wall having less than 50 percent of the area of reinforcing steel required by the current California Building Standards Code for reinforced masonry. Such walls may be bearing walls providing vertical support for a floor or roof or infill walls supporting no vertical loads except their own weight. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6115.)

15.70.070 Notice and order.

Whenever the building official determines that any building is constructed with any unreinforced masonry wall, the building official shall initiate proceedings to cause the eventual conformance of such buildings to the standards of this chapter. The building official shall issue a notice and order directed to the owner of record of the building, which notice and order shall contain:

(a) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(b) A statement that the building official has found the building to be constructed with one or more unreinforced masonry walls and, therefore, subject to the minimum seismic standards set forth in this chapter. The notice and order shall specify the occupancy classification of the building based upon its present use, utilizing the occupancy classification system set forth in the Uniform Building Code.

(c) An order requiring the owner of record to provide a structural analysis of the building made by a licensed civil or structural engineer or licensed architect, to establish whether the building presently meets the standards that would be achieved by full compliance with this chapter, and, if this is not the case, to provide construction documents consisting of a structural analysis and plans and specifications for retrofit to the standards established by this chapter.

(d) An order requiring the owner of record to proceed with retrofitting or demolition of the building according to the timetable specified in Section 15.70.120.

(e) A statement advising that any person having any title or legal interest in the building may appeal from the notice and order of the building official in the manner set forth in this chapter within 30 days from the date of service of the notice and order. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6118.)

15.70.080 Service of notice and order.

(a) The notice and order shall be served upon the owner of record in the manner hereinafter stated. One copy thereof shall also be served on each of the following: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the building or the land upon which it is located. A copy shall also be served as herein provided, addressed to “occupant or tenant.”

(b) Except in cases where an address cannot be determined, service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person. Mailed notice to the owner shall be sent to the address as it appears on the last equalized assessment roll of the county. Mailed notice to the “occupant or tenant” shall be sent to the building address. All other notices shall be sent to the best address the building official can ascertain using reasonable diligence. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, by first-class mail, addressed to such person, at the address of the building involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(c) Upon service of the notice and order as provided herein, the building official or his or her designee shall file a declaration certifying to the time and manner in which the notice and order was served. The building official or his or her designee shall also file therewith any receipt card which may have been returned in acknowledgment of receipt of the notice and order by certified mail. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6121.)

15.70.090 Recordation.

At the time the notice and order is served, the building official shall cause to be filed with the office of the county recorder a “certificate of substandard structure,” setting forth the determination of the building official and the requirements imposed by the notice and order. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6124.)

15.70.100 Recordation of rescission.

If, after issuance and service of the notice and order, a building is determined, either by the building official or the board of appeals, not to be subject to the requirements of this chapter, the building official shall file with the office of the county recorder a certificate rescinding the notice and order and finding the building not to be subject to the requirements of this chapter. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6127.)

15.70.110 Recordation of compliance.

After completion of retrofitting or demolition in compliance with this chapter, the building official shall file in the office of the county recorder a finding that compliance with this chapter has been secured. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6130.)

15.70.120 Commencement of work – Completion of work.

(a) Full Compliance. Any owner of an unreinforced masonry building who has been served with a notice and order issued in accordance with Section 15.70.070 shall submit to the building official either an application for a demolition permit or an application for a building permit supported by construction documents meeting the requirement of Section 15.70.070 not later than April 16, 1997. Either a building permit for retrofit construction or a demolition permit must be obtained not later than April 16, 1998. If the owner elects to retrofit, construction must commence not later than October 16, 1998. If the owner elects to demolish the building, demolition shall be commenced not later than October 16, 1998, and be completed within 60 days and in a manner and in accordance with a schedule approved in advance by the building official. Retrofit construction shall be completed not later than January 16, 2001. Completion of retrofit construction for phased compliance remains unchanged.

(b) Phased Compliance. An unreinforced masonry building owner may extend the retrofit completion date stated in subsection (a) of this section by obtaining a building permit within the timetable stated in that subsection and by starting the installation of all wall and parapet anchors not later than September 16, 1998, and completing this work not later than March 16, 1999. The building permit must be for full compliance, however, and the anchor-only phase must be identified clearly on the drawings. Construction for full compliance must commence not later than March 16, 2001, and must be completed not later than March 16, 2002.

(c) Application for Demolition of Unreinforced Masonry Historic Buildings. An owner who elects to demolish his or her building shall apply in accordance with the provisions of Chapter 18.175, Historic Resources, for authorization to demolish any building identified in the general plan as an historic resource.

(d) Application for Demolition of Buildings within the (H) Historic Overlay District. An owner who elects to demolish any building within the (H) historical overlay district shall apply to the historical architectural review board for authorization to demolish whether or not the building has been identified as an historic resource, and the application shall be processed and acted upon as though the subject building had been designated as an historic resource. (Ord. 2104 § 1, 2-14-95; Ord. 2362 § 1, 11-2-99. 1990 Code § 7-6133.)

15.70.130 Adjustment of compliance schedules.

If the notice and order described in Section 15.70.070 is not served on the persons named in Section 15.70.080 in accordance with Section 15.70.080 before September 16, 1995, the compliance dates set out in Section 15.70.120 shall be extended for those persons by the number of days from September 16, 1995, to the date service is effected. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6136.)

15.70.140 Failure to comply with requirements of this chapter – Vacation or demolition.

(a) If any owner of an unreinforced masonry building fails to comply in a timely manner with the requirements of this chapter, the building official shall order the building vacated and shall commence abatement proceedings and bring about demolition of the building in accordance with the city’s then-current procedures for demolition of hazardous buildings. Provided, however, that abatement proceedings shall be terminated for any building whose owner subsequently brings himself or herself within the requirements of this chapter and shall not be reinstituted unless the owner again fails to comply in a timely manner.

(b) Application for Demolition of Unreinforced Masonry Historic Buildings. The building official shall apply in accordance with the provisions of Chapter 18.175, Historic Resources, for authorization to commence proceedings to demolish any building identified in the general plan as an historic resource.

(c) Application for Demolition of Buildings within the (H) Historic Overlay District. The building official shall apply for authorization to commence proceedings to demolish any building within the (H) historical overlay district whether or not the building has been identified as an historic resource, and the application shall be processed and acted upon as though the subject building had been designated as an historic resource. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6139.)

15.70.150 Plan check and inspection fees.

Plan check and building permit fees shall be waived for unreinforced masonry building projects subject to the following limitations:

(a) All work is commenced according to the timetables specified in this chapter.

(b) The scope of work for which the above fees are waived is limited to the demolition or seismic retrofit of an unreinforced masonry building and provision of disabled access compliances triggered by any seismic retrofit.

(c) Any additional work done in conjunction with seismic retrofit will be assessed and fees will be charged based upon the valuation of the work.

(d) Plan check fees beyond the third cycle of review and reinspection fees shall not be waived and shall be assessed on a per-hour basis. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6142.)

15.70.160 Orders – Service – Recordation – Appeal – Enforcement.

Any order issued by the building official pursuant to this chapter in addition to the order described in Section 15.70.070 shall be served in the manner set forth in Section 15.70.080 and may be recorded. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6145.)

15.70.170 Retrofit standards and requirements.

The structural retrofit of unreinforced masonry buildings shall comply with provisions in Appendix Chapter 1 of the Uniform Code for Building Conservation, as adopted by city ordinance and as each subsequent edition is adopted by city ordinance. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6148.)

15.70.180 Historic buildings.

Retrofit of any building identified in the general plan as an historic resource may be accomplished in accordance with the State Historic Building Code rather than in accordance with the standards set out in Section 15.70.170. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6151.)

15.70.190 Steel or concrete frame buildings with unreinforced masonry infill walls.

Notwithstanding any other provision of this chapter, buildings with concrete or steel load bearing frames containing nonbearing unreinforced masonry infill walls shall be retrofitted to a standard approved by the building official to achieve an equivalent degree of safety improvement to that intended to be achieved by compliance with standards prescribed by this chapter for bearing unreinforced masonry walls. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6154.)

15.70.200 Change in occupancy classification.

Any changes in the occupancy of any unreinforced masonry building to a more hazardous occupancy group whether or not the building has been retrofitted in accordance with this chapter will require the building to meet all requirements of the then-current California Building Standards Code. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6157.)

15.70.210 Appeals.

Decisions and orders issued pursuant to this chapter may be appealed within 30 days of service thereof to the board of appeals established pursuant to Section 204 of the California Building Standards Code. Determinations of the board of appeals shall be final. (Ord. 2104 § 1, 2-14-95. 1990 Code § 7-6160.)