Chino Municipal Code Ch. 15.20 Hazardous and Unsafe Commercial Buildings

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. "A matter of personal safety" means a situation where because of the conditions of a building or portions thereof a person or persons including the owner, tenants, or any occupants thereof may be potentially in danger of loss of life, property, or physical personal injury.

B. "A matter of public safety" means a situation where, because of the condition of a building or portions thereof, a person or persons other than the owners and tenants thereof are very likely to be in danger of loss of life, property, or physical injury.

C. "Commercial building" means any building used either partially or wholly for commerce at the inception date of this chapter.

D. "Hazardous building" means a building or structure which is structurally inadequate as required by the provisions of this chapter, or is otherwise potentially dangerous to human life, safety, health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment.

E. "Immediately hazardous condition" means a condition involving a building or portions thereof that if not immediately corrected constitutes a real, present and immediate danger to life, safety, or health of any person.

F. Substandard building" means a building or portion thereof in which there exists defective conditions as required by the provisions of this chapter.

(Ord. No. 2025-007, § 2, 2025.)

The provisions of this chapter apply to the construction, alteration, or repair of all commercial buildings either occupied or unoccupied within the city.

(Ord. No. 2025-007, § 2, 2025.)

Whenever, in the opinion of the building official of the city, there is insufficient evidence of compliance with the provisions of this chapter, or the building official has determined that there is insufficient evidence that a structure or methods of construction do not conform to all the requirements of this chapter, the building official shall require tests and engineering as proof of compliance to be made at the expense of the owner or his agent by an approved agency. Copies of required tests or engineering calculations shall be submitted to the building department and shall be retained by such department in a permanent file.

(Ord. No. 2025-007, § 2, 2025.)

A. Every existing building constructed prior to May 26, 1933, except a building to which this chapter does not apply, shall contain sufficient structural elements to resist and withstand horizontal forces from any direction of not less than either of the following, whichever is the greater:

1. Two percent of the total vertical design load for buildings over forty feet in height from the top of their foundations, and three percent of the total vertical load for buildings less than forty feet in height from the top of their foundations;

2. Twenty pounds per square foot of wind pressure on the vertical projection of the exposed surface of every portion of the building more than sixty feet in height, and fifteen pounds per square foot of wind pressure on the vertical projection of the exposed surface of every portion of the building sixty feet or less in height.

B. In computing the resistance of any building to horizontal forces the stresses resulting from the combined vertical and horizontal forces shall not exceed one and one-third times the allowable working stress as adopted and specified in the current building code or as amended.

(Ord. No. 2025-007, § 2, 2025.)

A. No building shall have any parapet or appendage attached to or supported by an exterior wall of the building and located adjacent to a public way or to a way set apart for exit from building or passage of pedestrians. If such parapet or appendage is not so adequately constructed, anchored, or braced as to remain wholly in its original position in event of an earthquake having the effect designed by Section 2305 of the California Building Code, compliance pursuant to Section 15.20.030 is required.

B. Whenever the building department determines by inspection that an existing parapet or appendage is not so adequately constructed, anchored, or braced as to remain wholly in its original position, the building official shall, by written notice addressed to the owner, person, or agent in control of the building, designate and describe the hazards and inadequacies of construction, anchorage, or bracing determined by such inspection and direct that the necessary correction be made to insure that all of the parapets or appendages remain in its original position. Upon receipt of such notice, the owner, person, or agent in control of the building where such parapet exists shall:

1. Within three months from the date of such notice submit to the building department, for its review and approval, suitable corrective plans; all such corrective plans shall have the intent of eliminating the parapet or appendage, or reconstructing such parapet or appendage so that it will conform structurally with the requirements of the California Building Code, or strengthening such parapet or appendage by bracing or other means so that it will resist the forces of an earthquake and remain in its original position;

2. Obtain the necessary alteration permit;

3. Within one year from the date of such notice, complete all work necessary or ordered; however, the city council may, upon application to it for an extension of such one year period, grant an extension of time not to exceed a total of three years from the date of such notice, where good cause is shown; the factors that the city council shall consider in determining whether an extension of time should be granted shall include, but not be limited to, the following factors:

a. The eminence and extent of the structural hazard and the degree of inadequacy of construction as determined by the city building division,

b. The estimated cost to complete all work necessary or ordered in comparison to the fair market value of the building in question,

c. The amount of progress, if any, shown by the applicant towards resolution of the problems described in the notice from the building division.

C. The city council may revoke any extension of time granted hereunder, after notice has been given to the applicant and public hearing held on the matter, at any time it determines that reasonable progress is not being made by the applicant to complete all work necessary or ordered.

(Ord. No. 2025-007, § 2, 2025.)

All voluntary repairs or alterations shall be required to meet the standards, construction and engineering as provided in Chapter 1 Division II of the California Building Code as adopted by the city.

(Ord. No. 2025-007, § 2, 2025.)

It will be required that the owner or agent in control of all structures of two stories or more built prior to May 26, 1933, within the city shall be required to perform as follows:

A. Submit to the building department within a period of three years from the effective date of this chapter adequate engineering, including calculations, based upon the design criteria as adopted in this chapter, which would justify the story or stories above the first floor remaining, or corrective plans to bring the structure up to a standard equal to or better than the adopted design criteria;

B. When the corrective plans have been approved, obtain the necessary alteration or repair permits;

C. Complete all of the work necessary so the structure will conform structurally to all requirements of the adopted criteria within a period not to exceed three and one-half years from the effective date of this chapter.

(Ord. No. 2025-007, § 2, 2025.)

Whenever the building department determines by inspection that a structure or structures constitutes all immediately hazardous conditions as defined in this chapter, the building official shall give written notice to the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of thirty days to abate the hazard either by removal of the hazard or by repair or rehabilitation of the elements that constitute the hazard. If structural repairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction criteria as adopted by this chapter.

(Ord. No. 2025-007, § 2, 2025.)

Whenever the building department determines by inspection that a structure or structures constitutes a hazardous condition as defined in this chapter, the building official shall give written notice to the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of ninety days to abate the hazard either by removal of the hazard or by repair or rehabilitation of the elements that constitute the hazard. If structural repairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction criteria as adopted by this chapter.

(Ord. No. 2025-007, § 2, 2025.)

Whenever such insufficient evidence or lack of compliance causes the city to incur an expense in order to obtain proper evidence or full compliance in accordance with the provisions of this chapter, such costs or expenses shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located and shall be collected in the manner provided for special assessments.

(Ord. No. 2025-007, § 2, 2025.)

It is unlawful for any person to enlarge, alter, repair, improve, convert, use, occupy, or maintain any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of this chapter.

(Ord. No. 2025-007, § 2, 2025.)