Chapter 15.40
RETROFITTING OF UNREINFORCED MASONRY BUILDINGS
Sections:
15.40.010 Short title.
15.40.020 Purpose.
15.40.030 Scope.
15.40.040 Authority.
15.40.050 Definitions.
15.40.060 Future retrofitting legislation.
15.40.070 Change of occupancy.
15.40.080 Addition, alteration or repair.
15.40.090 Penalties for noncompliance.
15.40.100 Appeals process.
15.40.110 Recovery of penalties.
15.40.120 Remedies.
Prior legislation: Prior code §§ 4B.6, 4B.15 and 4B.16.
15.40.010 Short title.
This chapter shall be known as the “unreinforced masonry building (URM) ordinance.” (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.1)
15.40.020 Purpose.
It is generally acknowledged that the city will experience earthquakes in the future due to its proximity to the Rodgers Creek, Hayward and San Andreas faults, and may reasonably be expected to experience moderate to severe ground shaking during a significant earthquake. Such ground shaking may result in serious injury or death or impaired economic value due to damage or collapse of buildings in St. Helena. Buildings constructed of unreinforced masonry have been widely recognized for experiencing life safety hazardous damage including partial or total collapse during moderate to strong earthquakes. The purpose of this chapter is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.2)
15.40.030 Scope.
The provisions of this chapter contain procedures for the systematic review and reconstruction of all existing unreinforced masonry buildings within the city to improve their safety during an earthquake. This chapter does not require alteration of existing electrical, plumbing or mechanical systems unless the conditions or defects endanger the life, health, property or safety of the public or the building’s occupants. Access for the physically disabled shall be provided to the extent required by the latest edition of the California Building Code and/or the State Historical Building Code. The requirements of this chapter shall apply to all buildings or portions of buildings constructed with unreinforced masonry walls with the following exceptions:
A. A building which has been seismically retrofitted since 1980, which complies with the strengthening standards in effect at the time as determined by the building official;
B. A detached group R division 3 occupancy or a detached group R division 1 occupancy having four living units or fewer;
C. Accessory buildings serving group R division 3 occupancies or accessory buildings serving group R division 1 occupancies having four living units or fewer;
D. Public schools;
E. Hospitals; or
F. State or federally owned buildings. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.3)
15.40.040 Authority.
A. The building official or designee is authorized and directed to enforce all provisions of this chapter.
B. Unless otherwise noted, the provisions of the current code shall apply; however, this chapter shall not preclude the enforcement of any federal, state or other local codes, laws or ordinances.
C. The building official shall have the power to render interpretations of this chapter and to adopt and enforce rules and regulations supplemental to this chapter as he or she may deem necessary in order to clarify the application of the provisions of this chapter. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.4)
15.40.050 Definitions.
For the purposes of this chapter, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this chapter, but not specifically defined, shall have the meanings set forth in the applicable local, state or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.
“Architect” means a person who is licensed to practice architecture in this state.
“Architectural and engineering fees” means all design and analysis costs, not repair costs.
“Building,” for the purpose of determining occupant load, means any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.
“Current code” or “current CBC” means the current edition of the California State Building Code, as amended from time to time and as amended by the city.
“Current California Existing Building Code” or “current CEBC” means the seismic provision for unreinforced masonry bearing wall buildings in the current edition of the International Existing Building Code as adopted and amended by the city.
“Engineer” means any professional, civil or structural engineer who is licensed to practice engineering in this state.
“Owner” means any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.
“Prevailing code” means the “regular building regulations” as that term is used in the California Health and Safety Code, which govern the design and construction of nonhistorical buildings within the city.
“Qualified historical building” means any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.
“Unreinforced masonry building” or “URM building” means any building or structure containing one or more walls constructed wholly or partly with unreinforced masonry walls.
“Unreinforced masonry wall” or “URM wall” means a masonry wall in which the area of reinforcing steel is less than twenty-five percent (25%) of the minimum steel ratios required by the current CEBC for reinforced masonry.
“Upgrading” means all work necessary to comply with the requirements of this chapter.
“Valuation” means the total value of all construction work determined in accordance with prevailing code, except structural and fire upgrading work required by this chapter, for which a building permit is issued as well as finish work, roofing, mechanical systems, elevators, disabled access, and any other permanent equipment. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): Ord. 02-5 § 5 (part); prior code § 4B.5)
15.40.060 Future retrofitting legislation.
No URM building which has been seismically retrofitted to the standards required in this chapter shall, within a period of fifteen (15) years after completion of the work required for such retrofit, or such other period as the state may from time to time adopt, be identified as a “seismic hazard to life” pursuant to any other seismic mitigation building standard adopted by the city, unless: (a) such building no longer meets the structural upgrade standards under which it was retrofitted; or (b) the occupancy classification for such building is changed. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.7. Formerly 15.40.070)
15.40.070 Change of occupancy.
A URM building shall be retrofitted to the applicable standard upon a change of occupancy as defined in the current CBC, if the building official determines that the change will create an increased occupancy load or a hazardous condition. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.8. Formerly 15.40.080)
15.40.080 Addition, alteration or repair.
A. Whenever addition, alteration or repair work to a URM building involves any one of the following conditions, the building shall be upgraded to comply with the applicable retrofit standards prior to the approval of the addition, alteration, or repair work:
1. The total cost for all addition, alteration and repair work exceeds fifty percent (50%) of the total replacement cost of the existing building. The valuation of the work and the replacement cost of the existing building shall be determined by the building official.
2. Dead and live vertical or horizontal loading is increased by five percent on the affected supporting elements of the roof or floor of a building.
3. More than fifty percent (50%) of the total floor areas of the building is involved in substantial structural alteration as determined by the building official.
4. The cumulative area of additions, excluding basement additions, exceeds thirty percent (30%) of the existing total floor area of the building excluding basement.
B. Addition, alteration or repair work shall mean the cumulative addition, alteration or repair work performed on the building within any four-year period.
C. When the owner believes the building official has made an error in his or her application of this section, the owner may appeal the determination to the building conservation appeals board in accordance with Section 15.40.100. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.9. Formerly 15.40.090)
15.40.090 Penalties for noncompliance.
A. It is unlawful for the owner of a potentially hazardous URM building subject to this chapter to fail to comply with the provisions of this chapter. After written notification thereof from the city to the owner, each owner who fails to complete the building upgrades required by this chapter, for such building shall, in addition to any other penalty or remedy which may be assessed pursuant to this chapter or other applicable law, be guilty of an infraction. Each day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall be a separate offense. This penalty shall attach the day following the last day of the period during which the owner is to complete the upgrades. The maximum penalty under this subsection shall be ten thousand dollars ($10,000.00) per building.
B. In addition to the penalty authorized by subsection A of this section, the building official may take the following actions in the event of any failure to comply with the requirements of this chapter within the specified time period:
1. Notify all parties with a financial interest in the property (such as mortgage lenders, lienholders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this chapter;
2. File a statement with the county recorder’s office describing the potential hazards of the building and the violations of this chapter. Upon correction of the violation of this chapter the building official will file a release of any order of unreinforced masonry building hazard mitigation that may have been recorded;
3. Post a sign on the building to designate it as a hazardous URM building. The signs shall be located at well-lighted locations, readily visible by the occupants and public when entering the building and shall be protected from damage. Location, form and content of the sign is subject to the building official’s approval. The building owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner’s expense, as necessary. When the owner corrects all violations of this chapter to the satisfaction of the building official, the posting of the building required by this section shall be removed. However, if the owner violates any aspect of this chapter after the posting has been removed, the building official will repost the building immediately;
4. The city council may cause any building not abated within the time limits set forth herein, to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this chapter and place a lien on the property for all costs incurred.
C. The owner may appeal any action or penalty for noncompliance in accordance with Section 15.40.100. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): Ord. 02-5 § 5 (part); prior code § 4B.10. Formerly 15.40.100)
15.40.100 Appeals process.
A. Exemption from URM Program. If the owner believes that his or her building is not a potentially hazardous URM building or is otherwise exempted from the provisions of this chapter, the owner shall submit evidence, such as original drawings or test results, to substantiate the claim. The building official will review the evidence submitted by the owner and will remove the building from the city’s list of potentially hazardous URM buildings if the building official determines that the building is exempted or in compliance with this chapter. Any decision of the building official pursuant to this subsection may be appealed first to the building conservation appeals board and finally to the city council, in accordance with the procedures set forth in this section.
B. Appeal of Addition, Alterations, or Repair. When the owner believes the building official made an error in his or her determination regarding additions, alterations or repairs, the owner may appeal the determination to the building conservation appeals board. Such appeal shall be made within thirty (30) days after the date of the building official’s written decision.
1. Such appeal shall be made in the form specified by this section and be filed with the building official. The appeal shall state specifically the alleged error or abuse of discretion by the building official. The appeal will be heard by the building conservation appeals board within thirty (30) days of the date of receipt of the appeal by the city. Not less than seven days prior to the hearing date, the building official shall give notice to the appellant of the date, time and place of the hearing. The board shall be authorized to continue the hearing from time to time.
In considering the appeal, the board shall determine whether, based upon the record, the building official erred or abused his or her discretion. Error or abuse of discretion is shown if it is established that the building official failed to follow the provisions of this chapter.
2. The decision of the board shall be in writing and a copy of the board’s decision shall be mailed or otherwise delivered to the appellant by the building official within seven days of the date of the board’s decision. The applicant may appeal the board’s decision to the city council in the form specified by this section. The appeal shall be made to the city clerk within thirty (30) days of the date of receipt of the board’s final action notice.
C. Appeal of Noncompliance Penalties and Actions. Any decision by the building official to impose penalties or take actions in the event of any failure to comply with the requirements of this chapter may be appealed by the owner or the owner’s agent to the city council. Any such appeal shall be made within thirty (30) days of the date of the building official’s mailing of notification. The appeal shall be made on a form approved by the building official and shall state specifically how the building official has either committed an error or has abused his or her discretion. In considering the appeal, the council shall determine whether, based upon the record, the building official erred or abused his or her discretion. The decision of the council shall be in writing and shall be final. Revocation of a certificate of occupancy, if appealed, will not become effective until the decision of the council is final and in writing.
D. Written Appeal Required. The written appeal and filing fee shall be submitted to the city clerk. The written appeal shall contain the following:
1. The names of the appellants;
2. A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved;
3. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants;
4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
5. The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal;
6. The signatures of all parties named as appellants and their mailing addresses;
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.11. Formerly 15.40.110)
15.40.110 Recovery of penalties.
A. The penalties imposed on the building owner shall be assessed against the real property subject to this chapter and shall, in addition, be an obligation of the owner of the subject property. If the owner of a building is a group of individuals, firms, or other entities or any combination thereof, the obligation imposed by this section shall be joint and several. The building official shall give the owner of the building a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the city within thirty (30) days after the date of such notice, the building official shall forward a report of the penalties to the city council for confirmation.
B. The property owner shall be given at least fifteen (15) days’ written notice of the confirmation hearing before the city council. The amount of the penalties shall be confirmed by the city council, unless the city council finds, based upon evidence in the record, that the building official erred in imposing or in computing the amount of the penalty. If such error is found, the city council may modify the amount of the penalty, as warranted.
C. Upon confirmation of the penalty, the city council shall direct the building official to record in the office of the county recorder a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT LIEN
Pursuant to Section 15.40.090, of the St. Helena Municipal Code, the penalty of $ _____ was assessed by the Building Official, and confirmed by the St. Helena City Council, against the described real property and such amount has not been paid, in full, and the City of St. Helena does hereby claim a special assessment lien upon the hereinafter described real property in said amount; the same shall be a lien upon the real property until such sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of St. Helena, County of Napa, State of California and particularly described as follows, to wit:
(Insert description of property)
Dated _______________
___________________________
Building Official
Such lien attaches upon recordation of the notice of special assessment lien.
The description of the parcel in the notice of lien shall be that used for the same parcel as the county assessor’s map book for the current year. The county assessor shall enter each assessment on the county tax roll opposite the affected parcel of land. The amount of the assessment shall be collected and shall be subject to the same penalties and the same procedures for foreclosure and sale, in case of delinquencies, as provided for ordinary municipal taxes. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.12. Formerly 15.40.120)
15.40.120 Remedies.
In addition to the penalties in Section 15.40.090 of this chapter, the following remedies are available to the city and may be imposed independently or in combination with each other at the sole discretion of the building official, unless otherwise noted herein:
A. Maintenance of a URM building beyond the time specified in this chapter for completion of upgrades to such building is declared a public nuisance.
B. The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this chapter.
C. The city may withhold the issuance of any building permit and/or may suspend the existing building permits on the subject building unless otherwise authorized by the building official for emergency repairs.
D. The building official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this chapter. The notice of revocation or suspension shall provide the owner the right to provide the building official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this chapter or because the building official did not follow the provisions of this chapter.
E. Any person violating any provision of this chapter shall be guilty of an infraction.
F. These remedies are not exclusive and the city may utilize any other remedies available at law or equity. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): prior code § 4B.13. Formerly 15.40.130)