Beverly Hills Municipal Code Art. 2 Postdisaster Demolition

This article establishes demolition criteria for all buildings and structures damaged as a result of a disaster for which a local emergency has been declared by the city council, to the degree where demolition is a viable alternative to repair. (Ord. 99-O-2330, eff. 8-6-1999)

The provisions of this article are applicable to all buildings or structures regulated by the city following each disaster when a local emergency is declared by the city council. The city council may extend the provisions as necessary. (Ord. 99-O-2330, eff. 8-6-1999)

For the purposes of this article, the following definitions apply:

EVENT: Any occurrence, which results in the declaration of an emergency, and shall include, but not limited to, fires, wind storms, earthquakes, and floods.

HISTORIC BUILDING OR STRUCTURE: Any building or structure included on the national or state register of historic places, or which are qualifying structures within a recognized historic district. Historic buildings and structures shall also include those buildings and structures within a recognized historic district where the specific building has historic significance.

STATE HISTORIC PRESERVATION OFFICER (SHPO): The individual appointed by the governor, pursuant to section 101(b)(1) of the national historic preservation act of 1966, as amended, to administer the state historic preservation program. (Ord. 99-O-2330, eff. 8-6-1999)

A. If after the event, and during any state of emergency, the director of building and safety determines that any building or structure poses an imminent threat to the public health and safety and that protection of the public health and safety requires immediate demolition of the building, or of a portion of the building or structure, the director or his designee shall, without contacting the owner or providing a hearing to the property owner, order that building or structure be demolished immediately. Upon the order of the director or designee, the city shall immediately demolish the building or structure. Such demolition shall be performed in the interest of public health and safety without condemnation hearings otherwise required by this code.

B. If after the event, the director of building and safety determines that any building or structure represents a hazard, but not an immanent threat, to the public health and safety, he or she, or his or her designee, shall notify the building owner of such determination, and the reasons therefor, by certified mail return receipt deposited in the United States mail no later than five (5) days after the determination is made. The notice shall set forth the date, time, and place of a hearing which the director or his or her designee shall conduct, and the notice must also state that during the hearing the building owner may present any evidence to explain why the building or structure should not be condemned. The hearing shall be held no later than thirty (30) days after the director or his or her designee determines that the building or structure represents a hazard to the public health and safety. The decision of the director or his or her designee to condemn the building or structure until all required repairs are made shall be final. In making the final decision, the director or his or her designee shall consider: 1) all evidence presented at the hearing by the owner or his or her representative; 2) the nature of the hazard presented by the building or structure; and 3) the likelihood of personal injury or death occurring if the building or structure is not condemned. The words "condemn" and "condemned" as used in this section mean that no person shall enter the building or structure for any reason without the express written permission of the director or his or her designee.

C. Nothing in this section shall in any way affect the provisions of section 9-6-205 of this article regarding the demolition of historic buildings or structures.

D. For any building or structure which the owner has decided to demolish rather than repair, the owner, or owner's representative, shall follow the established procedures for securing a demolition permit. (Ord. 99-O-2330, eff. 8-6-1999)

A. If after the event, and during any state of emergency, the director of building and safety determines that any historic building or structure poses an imminent threat to the public health and safety, the director of building and safety shall take one of the following actions and shall immediately notify the state historic preservation officer of that action:

1. Whenever possible, and within reasonable limits as determined by the director of building and safety, the building or structure shall be braced or shored in such a manner as to mitigate the imminent threat to public health and safety.

2. Whenever bracing or shoring is determined to be insufficient to mitigate the imminent threat, the director of building and safety or his or her designee shall, without contacting the property owner or providing a hearing to the property owner, order that the building or structure be demolished immediately. The director or his or her designee shall document in writing his or her reasons for ordering demolition, and shall photographically record the entire building or structure. Upon the order of the director or his or her designee, the city shall immediately demolish the building or structure. Such demolition shall be performed in the interest of public health and safety without condemnation hearings otherwise required by this code.

B. If after the event, the director of building and safety determines that any historic building or structure represents a hazard, but not an imminent threat, to the public health and safety, he or she, or his or her designee, shall notify the building owner of such determination, and the reasons therefor, by certified mail return receipt deposited in the United States mail no later than five (5) days after the determination is made. The notice shall set forth the date, time, and place of a hearing which the director or his or her designee shall conduct, and the notice must also state that during the hearing the building owner may present any evidence to explain why the building or structure should not be condemned. The director or his or her designee shall also notify the federal emergency management agency, in accordance with the national historic preservation act of 1966, as amended, of the director's intention to hold a hearing. The hearing shall be held no later than thirty (30) days after the director or his or her designee determines that the building or structure represents a hazard to the public health and safety. The decision of the director or his or her designee to condemn the building until all required repairs are made shall be final. In making the final decision, the director or his or her designee shall consider: 1) all evidence presented at the hearing by the building owner or his or her representative; 2) the nature of the hazard presented by the building or structure; and 3) the likelihood of personal injury or death occurring if the building or structure is not condemned. The words "condemn" and "condemned" as used in this subsection mean that no person shall enter the building or structure for any reason without the express written permission of the director or his or her designee.

C. For any historic building or structure where the owner has decided to demolish the building or structure within thirty (30) days after the event, the director shall submit to the federal emergency management agency, in accordance with the national historic preservation act of 1966, as amended, a request to demolish. Said request shall include all substantiating data.

D. If after thirty (30) days from the event, the owner of a historic building or structure decides that the building or structure should be demolished, such action will be subject to the review process established by the national historic preservation act of 1966, as amended.

E. For any building or structure which the owner has decided to demolish rather than repair, the owner, or owner's representative, shall follow the established procedures for securing a demolition permit. (Ord. 99-O-2330, eff. 8-6-1999)