§ 18.30

The purpose of this Chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings within the unincorporated areas of Mendocino County that have unreinforced masonry bearing walls. It is intended that this chapter implements Section 8875 of the California Code.

(Ord. No. 4088 (part), adopted 2002.)

(A)

The provisions of this Chapter shall apply to any "potentially hazardous building" as defined in Section 18.30.030.

(B)

The provisions of this Chapter are intended to establish minimum standards for public notice and structural seismic resistance as provided in the State Historical Building Code. While these standards are intended to improve public awareness and the performance of potentially hazardous buildings in an earthquake, compliance with these standards will not necessarily prevent the loss of life, injury or prevent earthquake related damage to these buildings.

(C)

Warning and Disclaimer of Liability. Nothing in this Chapter is intended to create liability on the part of the County of Mendocino, any officer or employee thereof, or the State of California for any earthquake related damage, death or injury whether or not such building complies with the provisions of this Chapter.

(Ord. No. 4088 (part), adopted 2002.)

(A)

"Assessed value" means "a base year full value adjusted for any given lien date as required by law" (Revenue and Tax Code Section 301.k) as assessed and maintained by the Mendocino County Assessor.

(B)

"Owner" means the owner of real property as shown on the last equalized assessment roll maintained by the Mendocino County Assessor.

(C)

"Potentially hazardous building" means any building constructed prior to the adoption of local building codes (1964) requiring earthquake-resistant design and containing unreinforced masonry wall construction, both load bearing and non load bearing. Buildings owned by the state and federal government, any building not used for human habitation (such as warehouses), and residential buildings with five (5) or fewer living units are not defined as potentially hazardous buildings and are exempted from this chapter. Buildings owned by local governments are not exempt.

(D)

"State Historical Building Code" means the State of California Historical Building Code as contained in Title 24, Part 8 of the California Administrative Code.

(E)

"Unreinforced masonry bearing wall" means a masonry wall having all of the following characteristics:

(1)

Provides the vertical support for a floor or roof.

(2)

The total superimposed load is over one hundred (100) pounds per linear foot.

(3)

The area of reinforcing steel is less than fifty percent (50%) of that required by Section 2106.1.12.4 of the 1998 California Building Code, Volume II.

(F)

"Valuation" means the total value of all construction work as defined in the 1998 California Building Code Volume I Section 107.2.

(Ord. No. 4088 (part), adopted 2002.)

The structural provisions of the State Historical Building Code, as it is amended from time to time, together with any exclusions and modifications set forth in this Chapter, are hereby adopted by reference and shall apply to all potentially hazardous buildings with unreinforced masonry bearing walls when required by the provisions of this Chapter.

(Ord. No. 4088 (part), adopted 2002.)

The County of Mendocino building official shall compile and maintain a list of all potentially hazardous buildings. The owners of the buildings on the list shall be notified by certified mail that their buildings have been included on the list.

(Ord. No. 4088 (part), adopted 2002.)

(A)

Within thirty (30) days of notification as provided in Section 18.30.050, the building owner or agent thereof shall:

(1)

Post a notice in a conspicuous location in or on the building. The notice must state the following in clear boldface type, one and one-half (1 ½) inch minimum height letters:

EARTHQUAKE SAFETY WARNING

THIS BUILDING CONTAINS UNREINFORCED MASONRY WALLS. THESE WALLS DO NOT COMPLY WITH BUILDING CODE REQUIREMENTS FOR EARTHQUAKE RESISTANT DESIGN AND MAY BE UNSAFE IN AN EARTHQUAKE.

(B)

When the valuation of any modification, alteration, repair, improvement, conversions, remodel or addition to the potentially hazardous building exceeds twenty-five percent (25%) of the current assessed value of the building, the potentially hazardous building shall be brought into compliance with the structural provisions of the State Historical Building Code.

The collective valuation of multiple applications for building permits submitted within any three (3) year period beginning on the effective date of the ordinance codified in this chapter, shall be considered when determining if the valuation exceeds twenty-five percent (25%) of the assessed value of the building.

(Ord. No. 4088 (part), adopted 2002.)

Any owner dissatisfied with a determination under this Chapter, including the compliance requirements affecting his or her property or the inclusion of the owners' building on the potentially hazardous buildings list, may appeal that decision to the Board of Building and Housing Appeals.

(Ord. No. 4088 (part), adopted 2002.)

Any person who violates or fails to comply with the provisions of the Chapter or any change or amendment pursuant thereto is subject to Mendocino County Code Section 18.04.060.

(Ord. No. 4088 (part), adopted 2002.)

CHAPTER 18.35 - CONSTRUCTION AND DEMOLITION RECYCLING AND REUSE

Footnotes:

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Editor's note— Ord. No. 4301, adopted November 6, 2012, repealed the former §§ 18.35.020—18.35.190 in their entirety and enacted a new §§ 18.35.020, 18.35.030. Former §§ 18.35.040—18.35.190 pertained to construction and demolition recycling and reuse and were derived from Ord. No. 4174 (part), adopted 2006.