Chapter 15.05
POTENTIALLY HAZARDOUS MASONRY BUILDINGS

Sections:

15.05.010    Adoption of Appendix Chapter 1 of the Uniform Code for Building Conservation.

15.05.011    Modification of Conservation Code.

15.05.020    Building code.

15.05.030    Seismic zones.

15.05.040    Definitions.

15.05.050    Mandatory measures.

15.05.060    Noncompliance.

15.05.070    Appeals.

15.05.080    Violation--Penalty.

15.05.010 Adoption of Appendix Chapter 1 of the Uniform Code for Building Conservation.

The certain Appendix chapter 1 of the Uniform Code for Building Conservation, referred to in this chapter as the Conservation Code, is adopted and enacted as the standard for strengthening unreinforced or inadequately reinforced masonry buildings and is made a part of this chapter by reference with the same force and effect as if fully set forth in this chapter. (Ord. 696 (part), 1990)

15.05.011 Modification of Conservation Code.

The Appendix Chapter 1 of the conservation code is modified as follows:

A.    Section A102 is deleted;

B.    Section A105 is deleted;

C.    Subsection (a) of Section A106 is amended to read as follows:

Analysis and Design. Every structure required to be analyzed, either by ordinance or voluntarily, shall be analyzed and measures shall be specified which will allow the structure to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the structure in accordance with the following equation:

V=Z(I)(KCS) W    

(A1-1)

The value of KCS need not exceed the values set forth in Table No. Al-A based on the seismic zone as determined by the Building Code. The value of Z shall be the value specified in Table No. Al-B. The I factor shall be as specified in Table No. Al-C. The value of W shall be as set forth in the Building Code.

(Ord. 696 (part), 1990)

15.05.020 Building code.

All references to the building code shall mean the 1985 Edition of the Uniform Building Code as adopted by the city. (Ord. 696 (part), 1990)

15.05.030 Seismic zones.

The city shall be considered in its entirety to be located in Seismic Zone 4. (Ord. 696 (part), 1990)

15.05.040 Definitions.

For the purposes of this chapter, the following words shall have the meanings set out in this section:

A.    "Exempt buildings" means buildings exempted from this chapter and shall include the following:

1.    Warehouses;

2.    Dwellings with five or fewer living units;

3.    State and federal buildings;

4.    Historical qualified historical buildings shall comply with the State Historical Building Code established under Part 8, Title 24 of the California Administrative Code.

B.    “Potentially hazardous buildings” means only buildings constructed of unreinforced or inadequately reinforced masonry, regardless of the time of construction and whether or not they have been identified by the building official. (Ord. 696 (part), 1990)

15.05.050 Mandatory measures.

A.    Every legal owner of a building identified as a potentially hazardous building shall be notified by certified mail that the building is considered to be one of a general type of structures that historically has exhibited little resistance to earthquake motion.

B.    Every legal owner of an identified potentially hazardous building, within thirty days of receipt of notification pursuant to subsection A may provide evidence to the building official that would exempt or eliminate the building from being classified as a potentially hazardous building. Upon receipt of satisfactory evidence, the building official shall make a determination that the building is not a potentially hazardous building.

C.    Every legal owner of an identified potentially hazardous building, within sixty days of receipt of notification pursuant to subsection A shall deliver to any tenants or occupants of the building a copy of the notification, attached as Exhibit A to this ordinance and on file in the office of the city clerk, and file with the building official the names, addresses and telephone numbers of the tenants or occupants. The owner shall identify the total square footage of floor area of the building and the existing uses of those areas. In those cases where a building or a portion of the building is not presently occupied, the owner shall identify the unoccupied area(s) and state the most recent use. Information regarding the use(s) and area(s) shall be provided on the form marked as Exhibit B, attached to the ordinance codified in this chapter and on file in the office of the city clerk, and returned to the city within sixty days of receipt of notification pursuant to subsection A.

D.    Every legal owner of an identified potentially hazardous building, within sixty days of receipt of notification pursuant to subsection A, shall post a copy of the potentially hazardous building notice, attached as Exhibit C to the ordinance codified in this chapter and on file in the office of the city clerk, in the building. The posted notice shall be highly visible to all tenants, occupants and users of the building and shall be located at each entrance/exit forty-eight inches above the floor. The notice shall remain posted until the identified building is no longer considered a potentially hazardous building. The location of the notification posting shall be as approved by the city building official or his/her designee.

E.    At the expiration of the sixty day period following receipt of notification pursuant to subsection A, the building official shall record a copy of the notification at the county recorder’s office, unless the building has been classified as exempt or unless satisfactory evidence has been provided which has enabled the building official to determine that the building is not a potentially dangerous building.

F.    Every legal owner of an identified potentially hazardous building shall do the following by January 1, 1995. If the building has unreinforced masonry parapets, cornices, and/or brick veneer adjacent to a public right-of-way as defined in the Uniform Building Code, the owner shall:

1.    Remove or secure all parapets;

2.    Remove or secure all cornices;

3.    Remove or secure all masonry veneer extending higher than four feet above grade.

Plans and specifications for the removal and/or securing of unreinforced masonry parapets, cornices and veneers shall be prepared by a state licensed structural engineer or a civil engineer who is experienced in structural design. No removal of parapets shall occur unless permitted by the Uniform Building Code or Uniform Fire Code. Permits for the removal of parapets, cornices and veneer may be issued without the requirements for plans being signed by a registered engineer provided that all health and safety issues as set forth in the Uniform Building Code are addressed.

G.    Every legal owner of a building identified as a potentially hazardous building shall strengthen that building in compliance with the conservation code or the building code when any of the following events or actions take place:

1.    At the time of major remodeling and/or major damage repair. Major remodeling and/or major damage repair shall be considered as construction for which the total cost is equal to or more than fifty percent of the valuation of the building as determined by the building official based on the current building valuation data and regional modifiers published periodically by the International Conference of Building Officials (ICBO). All new construction shall comply with the building code.

2.    At the time of a major change in the occupancy classification as identified in the building code which increases the risk to human health, safety and welfare. (Ord. 747, 1993; Ord. 743, 1993; Ord. 696 (part), 1990)

15.05.060 Noncompliance.

Any building or structure or part thereof maintained contrary to the provisions of this chapter is declared to be a public nuisance. (Ord. 696 (part), 1990)

15.05.070 Appeals.

Any legal owner of a building identified as a potentially hazardous building may appeal a decision of the building official pursuant to this chapter in writing to the city council within five days after the decision is received. The city council shall render its decision within forty-five days after the filing of such appeal. (Ord. 696 (part), 1990)

15.05.080 Violation--Penalty.

Any person failing to comply with any of the mandatory measures specified in this chapter is guilty of a misdemeanor and is subject to the penalties prescribed in Chapter 1.08 of this code. (Ord. 696 (part), 1990)