Fremont Municipal Code Art. II Notification, Recordation and Appeal

(a) Whenever the building official determines that any multi-unit apartment building contains soft-story construction, the building official shall notify the owner(s) of the building of the standards of this chapter. The failure of the building official to give notice as set forth in this section shall not otherwise affect the owner’s obligation to comply with this chapter.

(b) The building official shall issue a notice to the owner(s) of record of the building containing the following information:

(1) The street address and assessor’s parcel number of the subject building.

(2) The potential for seismic hazard due to the soft-story construction of the building.

(3) The standards for mandatory seismic retrofit and the applicable time frames.

(4) Notification of recordation of a notice of potentially hazardous structure.

(5) The name and telephone number of a city employee who will be able to answer questions concerning the ordinance and notice.

(6) The appeal procedures of Section 15.75.110.

(c) The notice shall be served upon the owner(s) of record either personally or by depositing a copy of the notice in the U.S. Mail, postage prepaid, return receipt requested, addressed to the owner(s) at the last address listed on the last equalized assessment roll of the county. If no address appears on the last equalized assessment roll of the county or is known to the building official, a copy of the notice shall be mailed, by first-class mail, addressed to the owner(s) of record, to the address of the subject building. The failure of any owner or other person to receive notice shall not affect the validity of the proceedings under this chapter.

(d) Service of the notice shall be deemed complete upon deposit in the mail as set forth in this section.

(e) Upon service of the notice, the building official shall complete a declaration certifying the date and manner in which the notice was served. If the building official receives a returned receipt card acknowledging service of the notice, the declaration shall be amended by attaching the return receipt. (Ord. 10-2007 § 12, 5-1-07. 1990 Code § 7-10201.)

At the time the notice described in Section 15.75.090 is served on the owner(s) of record, the building official shall cause to be filed with the office of the county recorder a “notice of potentially hazardous structure,” setting forth the determination of the building official and the standards of this chapter. (Ord. 10-2007 § 14, 5-1-07. 1990 Code § 7-10202.)

The notice of determination may be appealed to the building official within 30 days of the date of service of the notice. The appeal must be filed with the building official in writing stating the grounds for the appeal clearly and concisely, and must be accompanied by a letter of findings by a registered architect or civil or structural engineer stating why the identified building is not within the scope of this chapter, or other reasons why the provisions of this chapter should not apply. If the owner is dissatisfied with the building official’s determination, he or she may appeal the building official’s decision to the city council or other designated body. (Ord. 10-2007 § 15, 5-1-07. 1990 Code § 7-10203.)

If, after issuance of the notice, a building is determined by the building official not to be subject to the standards of this chapter, the building official shall file in the office of the county recorder a certificate rescinding the notice of potentially hazardous structure and finding the building not to be subject to the standards of this chapter. (Ord. 10-2007 § 16, 5-1-07. 1990 Code § 7-10204.)

After completion of retrofitting in compliance with the standards of this chapter, the building official shall file in the office of the county recorder a finding that the building is in compliance with the standards of this chapter. (Ord. 10-2007 § 17, 5-1-07. 1990 Code § 7-10205.)