Oceanside Municipal Code Art. XI Unreinforced Masonry Building Mitigation

(a) The Unreinforced Masonry Code (URM Code) hereinafter referred to is the Uniform Code for Building Conservation, Appendix Chapter 1, 1997 Edition, published by the International Conference of Building Officials, hereinafter referred to as "the chapter". One copy of the URM Code shall be kept on file in the office of the city clerk.

(b) All the provisions of the URM Code are hereby adopted by reference and shall constitute the URM Code of the City of Oceanside, establishing rules, regulations, technical guidelines and specifications for purposes of seismic strengthening of unreinforced masonry buildings. All seismic strengthening of unreinforced masonry buildings shall comply with requirements of the chapter.

(Ord. No. 95-03, § 3, 3-1-95; Ord. No. 96-16, § 1, 12-11-96; Ord. No. 05-OR0646-1, § 1, 11-2-05)

The building official shall issue a written order to the owner of each building within the scope of the chapter. The order shall specify that the building has been determined by the building official to be within the scope of the chapter and, therefore, is required to meet the minimum seismic standards as designated in the chapter.

(Ord. No. 95-03, § 3, 3-1-95)

The order shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll.

(Ord. No. 95-03, § 3, 3-1-95)

The owner of the building may appeal the building official's initial determination that the building is within the scope of the chapter to the board of appeals as established in the Administrative Code. Such appeal shall be filed with the board of appeals within sixty (60) days from the date of service of the order.

(Ord. No. 95-03, § 3, 3-1-95; Ord. No. 96-16, § 1, 12-11-96)

Within thirty (30) days of the effective date of this article, the building official shall notify the owners of unreinforced masonry buildings that the requirements of this article do not relieve them of their responsibility for protecting the health and safety of employees, customers, and the general public, nor of their responsibility for disclosure obligations under state law.

(Ord. No. 95-03, § 3, 3-1-95)

The owner of each building within the scope of this article XI shall do the following:

(1) Post public notification signage at building entrances conforming to the requirements contained in Government Code § 8875.8b within forty-five (45) days of the effective date of the ordinance;

(2) Provide the city building department with the results of a building evaluation performed by a California licensed engineer that will determine whether the identified building meets the definition of an unreinforced masonry building in the URM Code and whether the building is subject to the requirements of this article XI by December 2, 2023;

(3) Submit retrofit plans and calculations to the city building department for review and permitting of confirmed buildings subject to this article XI by December 2, 2025;

(4) Complete retrofitting and final inspection by December 2, 2026.

(Ord. No. 95-03, § 3, 3-1-95; Ord. No. 05-OR0646-1, § 2, 11-2-05; Ord. No. 15-OR0136-1, § 1, 4-1-2015)

If an unreinforced masonry building subject to the chapter is remodeled or renovated such that the cumulative value of remodeling or renovation during any twelve-month period, excluding the cost of parapet bracing and wall anchors, exceeds fifty (50) percent of the value of the building prior to the remodeling or renovation, the owner of the building shall submit plans for parapet bracing per section A113.6 of the chapter and wall anchorage per section A113.1 of the chapter, as part of the remodel or renovation project, and complete the required work within one year of permit issuance.

(Ord. No. 95-03, § 3, 3-1-95; Ord. No. 05-OR0646-1, § 3, 11-2-05)

If the owner of an unreinforced masonry building fails to comply with any order issued and served pursuant to this article, the building official may order that the entire building be vacated and that the building remain vacated until there is compliance with the order. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered vacated or such additional time as may have been granted, the building official may order its demolition in accordance with the provisions of Section 203 of the Uniform Administrative Code.

(Ord. No. 95-03, § 3, 3-1-95)

A building owner's failure to receive service of the order pursuant to section 6.54 shall not relieve the owner of the obligation to comply with the requirements of this article.

(Ord. No. 95-03, § 3, 3-1-95)

Alterations or repairs to qualified historic buildings or structures pursuant to the State Historical Code shall not excuse or otherwise relieve the owner from complying with the requirements of this article.

(Ord. No. 95-03, § 3, 3-1-95)

(a) Any unreinforced masonry buildings within the scope of the chapter determined to be a legal nonconforming building under the Oceanside Zoning Ordinance may be replaced without meeting the zoning requirements in existence at that time, provided that the building, as replaced, does not exceed the floor area, height, building footprint, and volume of the original building, nor shall a lessor amount of on-site parking be provided when compared to the building's condition at the time of demolition.

(b) On replacement of any legal nonconforming building in the "Downtown In-Lieu Parking District," an in-lieu parking fee shall be paid as established for buildings located in that district.

(Ord. No. 95-03, § 3, 3-1-95)