Monterey Municipal Code Art. 5 Earthquake Hazard Reduction for Unreinforced Masonry Buildings (urm’s)

Except as noted, the provisions of this article shall apply to all buildings constructed or under construction prior to 1941 (adoption date of local earthquake resistant code requirements), or for which a building permit was issued prior to 1941, which on the effective date of this ordinance have unreinforced masonry bearing walls as defined herein.

EXCEPTION: This article shall not apply to detached one or two family dwellings; detached apartment houses containing less than five (5) dwelling units and used solely for residential purposes; commercial buildings limited to one story in height and not exceeding four hundred (400) square feet; and historical buildings designated by the City of Monterey, either by a Historical Modifying Zone or by Resolution.

For purposes of this article, the term “UNREINFORCED MASONRY BEARING WALL” shall mean: A masonry wall having all of the following characteristics;

a.Provides the vertical support for a floor or roof.

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

c.The area of reinforcing steel is less than fifty (50) percent of that required by Section 2407(h) of the 1985 California Building Code. (Ord. 3656 § 3, 2022; Ord. 3653 § 3, 2022)

The owner of each building within the scope of this article shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified by resolution of the City Council an engineer or architect shall make recommendations as to the corrections that would bring the building into compliance with these standards.

Within one (1) year after the service of the order noted in Section 9-63, the structural analysis and correction recommendation set forth above as well as adequate plans/drawings appropriate to the calculations and recommendations shall be prepared and provided to the Chief of Inspection Services/Building Official. The building owner shall also submit a letter to the Chief of Inspection Services/Building Official indicating the owner’s intentions for complying with the minimum earthquake standards adopted by the City. (Ord. 3424 § 1, 2009)

a. Service of Order.The Chief of Inspection Services/Building Official shall issue an order, as provided in Section (b), to the owner of each URM building within sixty (60) days after the effective date of this section. This order shall be final after the period allowed for objection if no such objection shall be filed, or on the date of final determination by the Chief of Inspection Services/Building Official in the event a timely objection is filed.

b. Contents of Order.The order shall be written and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, or upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Chief of Inspection Services/Building Official to be an unreinforced masonry building subject to the provisions of this Article.

c. Objection to Order.The owner or person in charge or control of the building may object to the Chief of Inspection Services/Building Official’s initial determination that the building is within the scope of this article. Such objection shall be filed in writing with the Chief of Inspection Services/Building Official within 30 days from the service date of the order and set forth the grounds for consideration. Any such objection shall be reviewed and decided by the Chief of Inspection Services/Building Official within 60 days of receipt of the challenge.

d. Recordation.Once the order is final, the Chief of Inspection Services/Building Official shall file with the office of the County Recorder a certificate stating that the subject building is an unreinforced masonry building subject to provisions of Article 5, Chapter 9, Monterey City Code, Unreinforced Masonry Buildings. The certificate shall also state that the owner thereof has been ordered to analyze the structural soundness of the building or may structurally alter or demolish the building.

If the building is subsequently found not to be within the scope of this Article, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this article; or is demolished; the Chief of Inspection Services/Building Official shall file with the office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of this Article.

e. Enforcement.Any person who fails to comply with the provisions of this Section shall be guilty of a misdemeanor. (Ord. 3424 § 1, 2009)

Any new roof on a new or existing structure, and any reroofing of an existing structure of 50% or more of the total roof area within a one-year period, shall be of a fire retardant roof covering material that is Class A or equivalent as defined in California Building Code, as adopted and amended by the State Building Standards Commission. (Ord. 3656 § 3, 2022; Ord. 3653 § 3, 2022)