Chapter 15.24 — EARTHQUAKE-DAMAGED STRUCTURES[[5]]

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Editor's note— Ord. No. 13574, § 2, adopted December 10, 2019, repealed the former Chapter 15.24, §§ 15.24.010—15.24.420, and enacted a new Chapter 15.24 as set out herein. The former Chapter 15.24 pertained to similar subject matter and derived from Prior Code.

Article I. - General Provisions

A major purpose of this Chapter is to facilitate the provision of a just, equitable, expedient and practicable program with specific procedures whereby structures that are damaged by an earthquake may be altered, repaired, restored, rehabilitated or demolished.

(Ord. No. 13574, § 2, 12-10-2019)

The provisions of this Chapter shall apply to all structures that are damaged by an earthquake.

(Ord. No. 13574, § 2, 12-10-2019)

The Fire Marshal, the Planning and Building Director, and the Building Official are authorized to make such inspections and take such actions as may be required to enforce the provisions of this Chapter.

No owner, occupant or any other person having charge, care or control of any structure or premises shall fail or refuse, after authorized demand made as herein provided, to promptly permit entry therein by the Planning and Building Director, Fire Marshal, or the Building Official for the purpose of inspection and examination of the premises pursuant to this Chapter.

(Ord. No. 13574, § 2, 12-10-2019)

For the purpose of this Chapter, certain words, phrases, terms and their derivatives shall be construed as specified in this Section. Words, phrases, and terms that are used in this Chapter, but not specifically defined, shall have the meaning set forth in the applicable local, state, or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.

"Abatement" means action necessary to make safe or demolish any earthquake-damaged structure.

"Building Official" means the city of Oakland Building Official or his or her designee.

"Damage Assessment Report" means a report prepared pursuant to the requirements of this Chapter.

"Earthquake Damaged Structure" means a structure damaged by earthquake, resultant aftershocks or other earthquake-related occurrences.

"Fire Marshal" means the city of Oakland Fire Marshal or his or her designee.

"Immediate Hazard and Danger" means a structure which has been determined by the Building Official to constitute an immediate health and safety hazard because the structure, or some portion thereof, has been damaged by earthquake, and is determined by the Building Official, using accepted practices, to be subject to immediate failure, detachment, dislodgment or collapse and is likely to injure persons, damage property or cause serious public safety problems.

"Planning and Building Director" means the city of Oakland Planning and Building Director or his or her designee.

"Public Nuisance" means a structure that represents an immediate hazard and danger.

"Structure" means and includes a building, bridge, fence, pole, street, wall, wire or other structure. The term "structure" includes portions of a structure.

(Ord. No. 13574, § 2, 12-10-2019)

15.24.050 - Immediate hazard and danger structures.

Pursuant to Section 15.08.340, any residential or non-residential building, structure, or portion thereof which is determined to be unsafe in accordance with the Oakland Building Construction Code; or any residential or non-residential building, structure or portion thereof, including but not limited to any dwelling unit, guest room or suite of rooms, commercial office or retail sales space, classroom or associated locker room or toilet room, assembly space, or any real property in which there exists any of the conditions referenced in this Section to an extent that is unsafe to the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be substandard and a Public Nuisance and is subject to Chapter 15.08 Sections 15.08.350 to 15.08.410.

(Ord. No. 13574, § 2, 12-10-2019)

15.24.070 - Post earthquake repair and retrofit program.

The City Administrator, or his or her designee, is authorized to establish a program with specific standards and procedures to address how owners should repair and strengthen their damaged structures after an earthquake. The standards and procedures are required to ensure just, equitable, and practical methods for repair and mitigation efforts following an earthquake. While the City Administrator or her designee is authorized to establish the specifics of the program, the program shall be generally outlined as follows:

A.

Securing earthquake-damaged structures.

a.

Historic requirements.

b.

Non-historic requirements.

B.

Damage assessment reports.

a.

Requirements for submittal.

b.

Process and timelines for review and approval.

c.

Penalties for non-compliance.

C.

Post-earthquake repair and retrofit.

a.

Non-historic earthquake damaged structures performance of work.

i.

Design guidelines.

ii.

Process and timelines for reviews and approval.

b.

Historic earthquake damaged structures performance of work.

i.

Design guidelines.

ii.

Process and timelines for reviews and approval.

c.

Mitigation repairs and retrofits.

i.

Design guidelines.

ii.

Process and timelines for reviews and approval.

D.

Mandatory earthquake damage abatement program.

a.

Earthquake damage abatement board.

i.

Membership composition.

ii.

Mandatory abatement process and timelines.

iii.

Process and timelines for appeals.

1.

Damage assessment reports.

2.

Design standards for repair and timelines.

3.

Penalties.

(Ord. No. 13574, § 2, 12-10-2019)

The initial Post Earthquake Repair and Retrofit Program documents shall be presented to City Council for adoption by December 31, 2020. Any substantial revisions that occur to the program documents shall be presented to City Council for adoption.

(Ord. No. 13574, § 2, 12-10-2019)

Chapter 15.26 - MANDATORY SEISMIC SCREENING OF MULTIPLE STORY RESIDENTIAL BUILDINGS Article I. - Scope