CHAPTER 2
EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS
ARTICLE 4. GENERAL PROVISIONS AND REQUIREMENTS
SECTION:
§3076: Potentially Hazardous Buildings List
§3080: Enforcement And Penalties For Violation
§3076 POTENTIALLY HAZARDOUS BUILDINGS LIST
The city building official or his designee shall systematically compile and maintain a list of all potentially hazardous buildings constructed with unreinforced masonry bearing walls ("potentially hazardous buildings list"). The owners of all buildings placed on the list shall be notified by regular first class mail that their buildings have been included on the list.
Once a building is designated as potentially hazardous and is included on the potentially hazardous buildings list, the building owner or agent thereof shall:
A. File with the city building official a written engineering survey and evaluation ("earthquake safety report") subject to the approval of the building official within a time period not to exceed two (2) years from the date of notification pursuant to this section. The earthquake safety report shall be obtained by the property owner and conducted by a civil or structural engineer or architect licensed by the state of California who is knowledgable in earthquake resistant design.
The earthquake safety report shall determine the feasibility of rehabilitating the building to meet, at a minimum, the structural standards of the California existing building code and the California historical building code, including a description of the building’s ability to resist seismic activity and a reasonably detailed description of the changes recommended by the engineer or architect to improve the ability of the building to resist damage in an earthquake and, at a minimum, to meet the structural standards of the California existing building code and the California historical building code.
The report must contain sufficient factual detail and engineering analysis to allow independent review and evaluation by a competent professional.
B. Until made to comply with the provisions of the California existing building code and the California historical building code adopted in this chapter, post an eight inch by ten inch (8" x 10") minimum sign in a conspicuous location in or on the building which is in public view at all times. The sign shall have the first two (2) words of the following statement printed in 50-point bold type and the remaining words in at least 30-point type. The text shall read as follows:
EARTHQUAKE WARNING this is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake.
If the earthquake safety report concludes that a building is so hazardous that it cannot be feasibly rehabilitated to meet the standards of the California existing building code and the California historical building code, abatement proceedings shall be initiated to require demolition of the building as provided in chapter 10 of this division, and thereafter the building shall be removed from the potentially hazardous buildings list. (Ord. 897, §1, adopted 1989; Ord. 914, §1, adopted 1990; Ord. 1103, §1, adopted 2007)
§3079 APPEAL
Any owner dissatisfied with a determination under this chapter, including the compliance schedule affecting his or her property or the inclusion of the owner’s building on the potentially hazardous buildings list shall have the right to appeal that decision to the city council or, in the city council’s discretion, to the board of appeals established under the California building code.
A. The owner must file a written notice of appeal with the city clerk within thirty (30) days of the date when the notice of decision appealed from is deposited in the U.S. mail or personally delivered to the owner.
B. The city council or board of appeals must render its decision within sixty (60) days of the date when the written notice of appeal is filed with the city clerk.
C. The appellant shall have the right to appear personally and be represented at a hearing on the appeal of which the appellant must be given ten (10) days’ prior written notice. After conducting the hearing, the city council or board shall render a decision in writing which shall be based on the evidence and argument received during the hearing. The decision shall be final for the city and there shall be no right to request reconsideration. (Ord. 897, §1, adopted 1989; Ord. 1103, §1, adopted 2007)
§3080 ENFORCEMENT AND PENALTIES FOR VIOLATION
A. Infraction, Continuing Violation: Any person who violates or neglects to comply with any provision of this chapter or any resolution or regulation promulgated pursuant thereto shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense.
Failure to file the reports or post the notice required by section 3076 of this article or to comply with the compliance schedule authorized by section 3075 of this chapter shall constitute a separate and distinct offense and violation of this chapter for each day or fraction thereof that such failure or noncompliance continues.
B. Civil Action Authorized: In addition to any other penalties provided by law for violation of this chapter the city attorney is authorized to enforce the provisions of this chapter by civil action, including actions seeking injunctive and declaratory relief and damages.
The city shall be entitled to recover its reasonable attorney and expert witness fees as additional items of cost if it prevails in any action brought pursuant to this section. The city intends that this provision to recover attorney fees shall constitute a statute specifically providing for the recovery of attorney fees within the meaning of Code of Civil Procedure ("CCP") section 1021 or any successor provision of the CCP. (Ord. 897, §1, adopted 1989)