Manhattan Beach Municipal Code Ch. 9.88 Post-Disaster Demolition

This chapter 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, the County of Los Angeles, the State of California and/or by the Federal Authority to the degree where demolition is a viable alternative to repair.

(Ord. No. 1914, Enacted, 08/04/94)

The provisions of this chapter are applicable following each disaster when a local emergency has been declared as provided by applicable laws to all buildings or structures regulated by the City of Manhattan Beach.

(Ord. No. 1914, Enacted, 08/04/94)

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

A. Event shall mean any natural occurrence which results in the declaration of a disaster and shall include wind storms, earthquakes, floods, etc.

B. Historic building or structure shall be any building or structure included on the national register of historic places, the state 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.

C. State Historic Preservation Officer (SHPO) is 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. No. 1914, Enacted, 08/04/94)

A. Within five (5) calendar days after the event, any building or structure determined by the Building Official to represent an imminent hazard to public health and safety, or to pose an imminent threat to the public right-of-way, shall be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of public health and safety without condemnation hearings otherwise required by the Municipal Code.

B. If, after the specified time frame noted in subsection A, 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 owner and proceed with a condemnation hearing within ten (10) business days of the notice.

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. 1914, Enacted, 08/04/94)

A. Within five (5) calendar days after the event, any historic building or structure 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 shall notify the State Historic Preservation Officer 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 public health and safety without a condemnation hearing as otherwise required by Municipal 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) and less than thirty (30) 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 twenty (20) business days of the notice. The Building Official shall also notify the Federal Emergency Management Agency, in accordance with the National Historic Emergency Management Agency, in accordance with the National Historic Preservation Act of 1966, as amended, of 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 (30) 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 (30) 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, as amended.

(Ord. No. 1914, Enacted, 08/04/94)

Determinations made under this chapter may be appealed to the City of Manhattan Beach, Board of Building Appeals pursuant to Municipal Code Section 2.44.240.

(Ord. No. 1914, Enacted, 08/04/94)