§ 18.06

The provisions of this chapter are applicable following each disaster when a local emergency has been declared by the city council to all buildings and structures regulated by the City of Campbell. The council may extend the provisions as necessary to protect the public health, safety or welfare.

(Ord. No. 2175, § 3(Att. 6), 2-18-2014)

For purposes of this chapter, the following definitions apply:

"Event" means any natural occurrence which results in the declaration of a disaster and shall include wind storms, earthquakes, floods and other similar incidents.

"Civil engineer" means an individual registered by the State of California to practice civil engineering as defined in the State of California Business and Professions Code.

"Historic building or structure" means any building or structure included on the National Register of Historic Places, or points of interest, or a local register of historic places. Historic buildings and structures shall also include those buildings and structures within a recognized historic district wherein the specific building has historic significance.

"State historic preservation officer (SHPO)" means 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.

(a)

Within five days after the event, any building or structure determined by the building official after a field survey by a licensed engineer registered with the State of California that such a structure represents an imminent hazard to public health and safety, or poses an imminent threat to the public right-of-way, shall be condemned and after duly noticed and processed shall be demolished. Notification shall be to the owner and each tenant of the structure. If a liability release can be signed, private property may be recovered prior to demolition. Such a release shall be discussed with the city attorney before entry into such a building may take place. Demolition may take place after the above notice has been mailed. Notice to the owner shall be by the U.S. Postal mail service to the last known address as given in the county assessor's rolls.

(1)

Whenever possible, within reasonable limits as determined by the building official, the building or structure shall be braced or shored by the owner in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right-of-way.

(2)

Whenever bracing or shoring by the owner is determined not to be reasonable, the building official shall cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of the public health and safety without a condemnation hearing as otherwise required by this code. Prior to commencing demolition, the building official shall photographically record the entire building or structure.

(b)

If, after the specified time frame noted in subsection (a) of this section, any building or structure is determined by the building official to represent a hazard to the health and safety of the public, or to pose a threat to the public right-of-way, the building official shall duly notify the building owners and proceed with a condemnation hearing within ten business days of the notice in accordance with Chapter 6.10.

(c)

For any building or structure wherein the owner has decided to demolish rather than repair, the owner, or owner's representative, shall follow the established procedures to secure a demolition permit.

(Ord. No. 2175, § 3(Att. 6), 2-18-2014)

18.06.050 - Demolition criteria for historic buildings or structures.

(a)

If within five days after the event any historic building or structure is determined by the building official to represent an imminent hazard to the health and safety of the public, or to pose an imminent threat to the public right-of-way, the building official, after obtaining a second engineering opinion, shall notify the State Historic Preservation Officer and the local historic preservation officer and the local historic preservation board, that one of the following actions will be taken:

(1)

Whenever possible, within reasonable limits as determined by the building official, the building or structure shall be braced or shored in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right-of-way.

(2)

Whenever bracing or shoring is determined not to be reasonable, the building official shall cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of the public health and safety without a condemnation hearing as otherwise required by this code. Prior to commencing demolition, the building official shall photographically record the entire building or structure.

(b)

If, after the specified time frame noted in subsection (a) of this section, and less than thirty days after the event, a historic building or structure is determined by the building official to represent a hazard to the health and safety of the public, or to pose a threat to the public right-of-way, the building official shall duly notify the building owner of his/her intent to proceed with a condemnation hearing within ten business days of the notice in accordance with Chapter 6.10. The building official shall notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended in its intent to hold a condemnation hearing.

(c)

For any historic building or structure wherein the building official and the owner have agreed to demolish the building or structure within thirty days after the event, the building official 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 days from the event, the building official and the owner of a historic building or structure agree 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 and the local historic preservation board, as amended.

(Ord. No. 2175, § 3(Att. 6), 2-18-2014)

18.06.060 - Board of appeals.

(a)

The provisions of this chapter may be appealed to the City of Campbell board of appeals pursuant to Section 113, Chapter 1 of the California Building Code, 2019 edition.

(Ord. No. 2175, § 3(Att. 6), 2-18-2014; Ord. No. 2215, § 3(Att. 5), 12-6-2016; Ord. No. 2255, § 3(Att. 4), 123-2019)

Chapter 18.07 - DISASTER REPAIR AND RECONSTRUCTION