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HomeMy WebLinkAbout897ORDINANCE NO. 897 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 2 TO DIVISION 3 OF THE UKIAH CITY CODE, ENTITLED: EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. THE CITY COUNCIL OF THE CITY OF UKIAH DOES ORDAIN AS FOLLOWS: SECTION ONE. Chapter 2, Articles 1 through 4, are hereby added to Division 3 of the Ukiah City Code to read as follows: CHAPTER 2 - EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS ARTICLE 1 - PURPOSE AND INTRODUCTION Section 3070 - Purpose: The purpose of this chapter is to promote the public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings with un- reinforced masonry bearing walls. There is a substantial risk that such buildings may sustain life-hazardous damage during moderate to strong earthquakes. Section 3071 - Provisions in compliance with Government Code Sections 8875-8875.5: The provisions of this Chapter are intended to establish minimum standards for structural seismic resistance as provided in the State Historical Building Code. (SHBC). While compliance with these standards is intended to improve the performance of potentially hazardous buildings in an earthquake, such compliance will not necessarily prevent the loss of life or injury or prevent earthquake-related damage to rehabilitated buildings. This chapter does not address buildings that contain only non-bearing masonry walls or buildings constructed of non-masonry materials. Section 3072 -Warning and Disclaimer of Liability: Nothing in this chapter is intended to create liability on the part of the City of Ukiah, any officer or employee thereof, or the State of California for any earthquake- related damage suffered by any building whether or not such building complies with the provisions of this chapter. Section 3073 - Scope: The provisions herein shall apply to all buildings con- structed with unreinforced masonry bearing walls as described in Government Code section 8875(a). ARTICLE 2 - DEFINITIONS Section 3074 - For the purpose of this chapter the following definitions shall apply: a. "Potentially hazardous buildinq" - shall mean any building constructed prior to the adoption by the City of Ukiah of uniform building code provisions requiring earthquake-resistant design of buildinqs and con- structed of unreinforced masonry bearing wails. b. "State Historical Buildinq Code" - shall mean State of California Historical Building Code as con- tained in Title 24, Part 8 of the California Ad- ministrative Code. c. "Unreinforced masonry bearinq wall" - shall mean a masonry wall having all of the following characteris- tics: 1. Provides the vertical support for a floor or roof. 4O4 2. The total superimposed load is over 100 pounds per linear foot. 3. The area of reinforcing steel is less than fifty percent (50%) of that required by Section 2407(h) of the Uniform Building Code, 1985 edi- tion. d. "Owner" - shall mean the owner of real property shown on the last equalized assessment roll maintained by the Mendocino County Assessor. ARTICLE 3 - ADOPTION Section 3075 - Adoption of State Historical Building Code: The structural provisions of the State Historical Building Code, as it reads on the effective date of this Ordinance and as it is amended from time to time, together with any exclusions and modifications set forth in this Chapter, are hereby adopted by reference and shall apply to all poten- tially hazardous buildings with unreinforced masonry bearing walls. All such buildings must comply with the structural provisions of said code and the recommendations contained in the Earthquake Safety Reports required by Section 3077 of this Code in accordance with a Compliance Schedule that shall be adopted by resolution of the City Council. Upon adoption of said resolution, the City shall notify by regular first class mail the owners of all potentially haz- ardous buildings of the compliance schedule for their build- ings. ARTICLE 4 - GENERAL PROVISIONS AND REQUIREMENTS Section 3076 - Establishment of Potentially Hazardous Build- ings List: The City of Ukiah Building Official or his designate shall systematically compile and maintain a list of all poten- tially 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 en- gineering survey and evaluation ("Earthquake Safety Report") subject to the approval of the Building Official within a time period not to exceed two 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 knowledgeable in earthquake resistant design. The Earthquake Safety Report shall make the following determinations: 1. the degree of severity of an earthquake (based on the Richter Scale) that the building could withstand in its existing condition without suffering structural damage; 2. the feasibility of rehabilitating the building to meet, at a minimum, the structural standards of the State Historic Building Code, including 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 Historic Building Code; and 3. the degree of severity of an earthquake (based on the Richter Scale) that the building could withstand after being rehabilitated as recommended in the report without suffering structural damage. 405 The report must contain sufficient factual detail and engineering analysis to allow independent review and evalua- tion by a competent professional. b. Until made to comply with the provisions of the State Historic Building Code adopted in this Chapter, post a notice in a conspicuous location in or on the building which is in public view at all times. The notice must state the following in clear bold-faced type easily read by a person with average vision at a distance of 10 feet: EARTHQUAKE SAFETY WARNING This building contains unreinforced masonry walls which help to support this building. These walls do not comply with building code requirements for earthquake resistant design and may be unsafe in a moderate or severe 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 State Historic Building Code, abatement proceedings shall be initiated to require demoli- tion of the building as provided in. sections 3300-3310 of this Code, and thereafter the building shall be removed from the Potentially Hazardous Buildings List. Section 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 Uniform 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 writ- ten 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 hear- ing. The decision shall be final for the City and there shall be no right to request reconsideration. Section 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 infrac- tion, 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 3077 or to comply with the Compliance Schedule authorized by section 3075 shall constitute a separate and distinct offense and violation of this Chapter for each day or fraction thereof that such failure or non-compliance con- tinues. 4O6 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, in- cluding actions seeking injunctive and declaratory relief and damages. The City of Ukiah shall be entitled to recover its reasonable attorneys' 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 attorneys' fees shall constitute a statute specifi- cally providing for the recovery of attorneys' fees within the meaning of Code of Civil Procedure ("CCP") section 1021 or any successor provision of the CCP. SECTION TWO. This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah, and shall become effective 30 days after its adop- tion. Introduced by title only on December 6 lowing roll call vote: 1989, by the-'fol- AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson NOES: None ABSENT: Councilmember Wattenburger PASSED AND ADOPTED this _~ day of December following roll call vote: by the AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and ,~%;vor Henderson, NOES: Counci lmember Hickey ABSENT: None ATT~: / CitY ' (~"!~r'k - - ~