§ 19.90.030. Administrative provisions.

See CBC. Chapter 1, administrative provisions for definitions and rating classification of buildings. A building may be placed in a higher rating classification if it is determined by the building official to pose a hazard to an adjacent structure or a public way.

(1)

Compliance Requirements.

a.

The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in this chapter, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in this section, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished.

b.

The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review within the stated time limits:

1.

Within 270 days after service of the order, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this chapter; or

2.

Within 270 days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this chapter; or

3.

Within 120 days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section A111(c)2 of the C.B.C.; or

4.

Within 270 days after service of the order, plans for the demolition of the building.

c.

After plans are submitted and approved by the building official, the owner shall obtain a building permit and then commence and complete the required construction or demolition within the time limits set forth in Table No. 9B. These time limits shall begin to run from the date the order is served in accordance with Section 19.90.030 (3)b., except that the time limit to commence and complete structural alteration or demolition shall begin to run from the date the building permit is issued.

d.

Owners electing to comply with item b.3. of this subsection are also required to comply with items b.2 or b.4. of this subsection provided, however, that the 270-day period provided for in item b.2. or b.4. and the time limits for obtaining a building permit and to complete structural alterations or building demolition set forth in Table No. 9B shall be extended in accordance with Table No. 9A. Each such extended time limit shall begin to run from the date the order is served in accordance with Section 19.90.030(3), except that the time limit to commence structural alterations or demolition shall begin to run from the date the building permit is issued.

(2)

Historical Buildings. Alterations or repairs to qualified historical buildings, as defined by Section 18955 of the Health and Safety Code of the State of California and as regulated by Sections 18950 to 18961 of that Code, as designated on official national, state, or local registers or inventories shall comply with the State Historical Building Code (California Code of Regulations Title 24, Building Standards, Part 8), in addition to this chapter.

(3)

Administration.

a.

Order—Service.

1.

The building official shall, in accordance with the priorities set forth in Table No. 9A, issue an order as provided in this section to the owner of each building within the scope of this chapter.

2.

Prior to the service of an order as set forth in Table No. 9A, a bulletin may be issued to the owner as shown upon last equalized assessment roll or to the person in apparent charge or control of a building considered by the building official to be within the scope of this chapter. The bulletin may contain information the building official deems appropriate. The bulletin may be issued by mail or in person.

b.

Order—Priority of Service. Priorities for the service of the order for buildings within the scope of this chapter shall be in accordance with the rating classification as shown on Table No. 9A. Within each separate rating classification, the priority of the order shall normally be based upon the occupant load of the building. The owners of the buildings housing the largest occupant loads shall be served first. The minimum time period prior to the service of the order as shown on Table No. 9A shall be measured from the effective date of this chapter. The building official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building set forth in this chapter.

c.

Order—Contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 19.90.030 (a), which sets forth the owner's alternatives and time limits for compliance.

d.

Appeal from Order. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the building appeals board established by this Title. Any such appeal shall be decided by the board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely.

e.

Recordation. The building official shall, within 30 days of the effective date of this chapter, file with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof has been notified of the requirements contained within this chapter.

If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

f.

Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 19.90.030 (a), the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the building official shall order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the building appeals board, the building official may order its demolition in accordance with the provisions of Section 116 of the CBC.

TABLE 9A
EXTENSIONS OF TIME AND SERVICE PRIORITIES

Rating Classification	Occupant Load	Extension of Time if Wall Anchors Are Installed	Periods for Service of Order
(Highest Priority) I	1 or more	N/A	N/A
II	100 or more	1 years	2½ years
III-A	100 or more	1 years	3 years
III-B	More than 50 Less than 100	1 years	4 years
III-C	More than 19 Less than 51	1 years	5 years
IV (Lowest Priority)	Less than 20	1 years	6 years

 

TABLE 9B
TIME LIMITS FOR COMPLIANCE

Required Action by Owner	Obtain Building Permit Within	Commence Construction Within	Complete Construction Within
Structural Alteration or Building Demolition	1 year	180 days	3 years
Wall Anchors	180 days	270 days	1 year
Notes:	Measured from date of building permit issuance.
	Measured from date of service of order.

 

(Ord. No. 3343, § 1, 12-6-16)