Chapter 15.90
DEMOLITION
Sections:
15.90.030 Application of provisions.
15.90.050 Demolition criteria.
15.90.060 Demolition of historic buildings or structures.
15.90.010 Title.
This chapter shall be known as the “post-disaster demolition ordinance.” (Ord. 2181 § 1, 6-18-96. 1990 Code § 7-8100.)
15.90.020 Intent.
This chapter establishes demolition criteria for all buildings and structures damaged as a result of an event as defined in this chapter to the degree that demolition is the only alternative to remove the imminent threat to the public health and safety. (Ord. 2181 § 1, 6-18-96. 1990 Code § 7-8105.)
15.90.030 Application of provisions.
The provisions of this chapter are applicable to all buildings, structures and building sites regulated by the city of Fremont following each event. (Ord. 2181 § 1, 6-18-96. 1990 Code § 7-8110.)
15.90.040 Definitions.
For the purposes of this chapter, the following definitions apply:
(a) “Event” shall mean any natural or human created occurrence which results in a disaster declaration by a governmental entity, including the city council of the city of Fremont, the governor of the state of California and the President of the United States, authorized to issue such a declaration and shall include wind storms, earthquakes, and aftershocks, fires, floods, hazardous materials incidents and other occurrences resulting in a disaster declaration.
(b) “Historic structure” shall be any structure included on the National Register of Historic Places, the state register of historic places or points of interest, or listed as a local primary historic resource. (Ord. 2181 § 1, 6-18-96. 1990 Code § 7-8115.)
15.90.050 Demolition criteria.
(a) Following an event, any structure determined by the building official to present an imminent hazard to public health and safety or to pose an imminent threat to the public right-of-way may be condemned and immediately demolished by order of the city manager.
(1) Such condemnation and demolition shall be performed in the interest of public health and safety without condemnation hearings otherwise required by the Fremont abatement of dangerous buildings code, Chapter 15.45. For the purposes of this subsection, the authority vested in the planning manager pursuant to Section 18.175.400 shall be exercised by the city manager.
(2) Prior to commencing demolition, the building official shall photographically record the entire building or structure to the extent reasonably feasible without endangering city personnel or the public health and safety and she or he shall prepare a written statement of structural deficiency. Failure to photograph the structure or prepare the written statement of structural deficiencies shall not invalidate any proceeding under this chapter.
(3) (A) The building official shall exercise reasonable diligence to give prompt written notice of the intended demolition prior to demolition. Notice shall be given by first-class mail, postage prepaid, to the last known owner of record shown in the public record. The written notice shall state the street address and parcel number of the structure intended for demolition.
(B) The written notice required by this chapter shall not delay demolition of any structure. The failure of any owner to receive notice prior to demolition shall not invalidate any proceeding pursuant to this chapter.
(b) Subsection (a) of this section shall not apply to any historic structure described in Cal. Pub. Res. Code § 5028 or to any structure which the building official determines can, within a reasonable time limit, be braced, shored or otherwise secured by fencing or other means in such a manner as to mitigate the imminent hazard or threat.
(c) Prior to any demolition as provided in this section, the owner may submit engineering data supporting preservation of the building rather than demolition as ordered by the city manager. Such engineering data shall be immediately submitted to the building official. Nothing in this subsection shall delay the immediate abatement of an imminent hazard as determined by the building official. (Ord. 2181 § 1, 6-18-96; Ord. 2195 § 1, 9-17-96; amended during 2012 reformat. 1990 Code § 7-8121.)
15.90.060 Demolition of historic buildings or structures.
(a) Any historic structure described in Cal. Pub. Res. Code § 5028, determined by the building official to present an imminent threat to the public of bodily harm or of damage to adjacent property, may be demolished as provided in Cal. Pub. Res. Code § 5028.
(1) Prior to commencing demolition, the building official shall photographically record the entire structure to the extent reasonably feasible without endangering city personnel or the public health and safety, and shall prepare a written statement recording the structural deficiencies in the structure which support the building official’s decision to demolish the structure. Failure to photograph the building or prepare the written statement of structural deficiencies shall not invalidate any proceeding under this chapter.
(2) As an alternative to demolition, whenever feasible within reasonable time limits as determined by the building official, the structure shall be braced, shored, or secured by fencing or other means, at the direction of the building official, in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right-of-way.
(b) Whenever the city manager (or designee) finds an historic structure poses an imminent threat to the public of bodily harm or of damage to adjacent property, no demolition permit shall be required as otherwise provided in this code, Section 18.175.400. (Ord. 2181 § 1, 6-18-96. 1990 Code § 7-8125.)