Duarte Municipal Code Ch. 16.05 Safety Assessment Placards

This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the building official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

(Ord. No. 866, § 1, 8-23-2016)

The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the city of Duarte, county of Los Angeles. The city council may extend the provisions as necessary.

(Ord. No. 866, § 1, 8-23-2016)

As used in this chapter, the following definitions shall apply:

"Authorized safety evaluator" means an authorized city representative who is a certified post-disaster safety assessment program (SAP) evaluator.

"Building official" means the building official of the city of Duarte and/or his or her authorized designee.

"Person" means and includes any individual, partnership, corporation, limited liability company, association or other organization or entity.

"Safety assessment" is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

(Ord. No. 866, § 1, 8-23-2016)

The building official and/or an authorized safety evaluator is hereby authorized to enter any building or structure within the city of Duarte at reasonable times to conduct a safety assessment pursuant to this chapter. If such building or structure is occupied, the Building Official and/or authorized safety evaluator shall present his or her credentials to the occupant and request entry. If such building or structure is unoccupied, the building official and/or authorized safety evaluator shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or structure and request entry. If entry is not authorized, the building official and/or authorized safety evaluator shall have recourse to the remedies provided by law to secure entry.

(Ord. No. 866, § 1, 8-23-2016)

(a) After conduction a safety assessment of a building or structure, the building official and/or authorized safety evaluator shall make a determination as to whether the building or structure is safe for occupancy, safe for restricted use, or unsafe for occupancy. Once the building official and/or authorized safety evaluator makes such determination, he or she shall place or cause to be placed at each entry point of the building or structure a placard indicating its conditions for continued occupancy.

(b) Based upon the building official's and/or authorized safety evaluator's determination, one of three placards shall be placed at each entry point of a building or structure. The following are verbal descriptions of the three type of placards to be used to designate the condition and permissible continued occupancy of buildings or structures as follows:

(1) "INSPECTED—Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(2) "RESTRICTED USE" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

(3) "UNSAFE—Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative and/or authorized safety evaluator. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

(c) Ord. No. 866, and the address, and phone number of the city of Duarte Community Development Department shall be permanently affixed to each placard.

(Ord. No. 866, § 1, 8-23-2016)

City building inspectors, code enforcement officers, and Los Angeles County Sheriff's deputies are authorized to enforce the restrictions identified on a placard in any manner authorized by law, including but not limited to the abatement provisions set forth in Chapter 9.32, to cause the premises to be vacated and secured to ensure conformance with the placard restrictions.

(Ord. No. 866, § 1, 8-23-2016)

(a) It is unlawful for any person to enter, occupy or use a building or structure, or portion thereof, at a time or in a manner that does not conform to the restrictions identified on a placard, except as follows:

(1) A person may enter a building or structure, or portion thereof, with the prior written authorization of the building official and/or authorized safety evaluator. Such entry must be in full conformance with the restrictions set forth in the written authorization.

(b) It is unlawful for any person, other than the building official and/or authorized safety evaluator, to remove, alter, deface or cover a placard that has been posted on a building or structure.

(c) Any person violating the provisions of this chapter may be deemed guilty of a misdemeanor and, upon determination thereof, shall be punishable pursuant to Chapter 1.08 DMC.

(Ord. No. 866, § 1, 8-23-2016)