Chapter 16.40 — UNSAFE BUILDINGS

For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed a dangerous building:

(a) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or it is so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit.

(b) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code.

(c) Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of this code for a new building or similar structure, purpose or location.

(d) Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(e) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half that specified in the building code without exceeding the working stresses permitted in the building code.

(f) Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.

(g) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

(h) Whenever, for any reason whatsoever, the building or structure or any portion thereof, is manifestly unsafe for the purpose for which it is used.

(i) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base.

(j) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more of damage or deterioration to the member or members, or fifty percent of damage or deterioration of a nonsupporting enclosing or outside wall covering.

(k) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.

(l) Any building or structure which has been constructed, or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the building code, or of any provisions of Title 15 of this code relating to the prevention of fire, when so determined and reported by the fire marshal, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings.

(m) Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty percent, or in any supporting member less than sixty-six percent of the strength, fire-resisting qualities or characteristics or weather resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building of like area, height and occupancy in the same location.

(n) Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within.

(o) Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety, or general welfare of persons living within.

(p) Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

(Ord. 2104 (part), 1962: prior code § 34.901(a))

The term "substandard residential building" shall mean any residential building including any dwelling unit, guest room, or suite of rooms or the premises on which the same is located, in which any of the following conditions exist to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof:

(a) Structural unsoundness, including:

(1) Weakened or deteriorated footings.

(2) Footings of insufficient size to carry imposed loads with safety.

(3) Defective or deteriorated flooring or floor supports.

(4) Flooring or floor supports of insufficient size to carry imposed loads with safety.

(5) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

(6) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

(8) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(9) Fireplaces or chimneys which list, bulge, or settle, due to defective material or deterioration.

(10) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(b) Improper materials of construction, including all materials except those specifically allowed or approved by this code.

(c) Fire hazard, as defined in Title 15 of this code.

(d) Nuisance, as defined in Chapter 9.56 of this code.

(e) Improperly weatherproofed, including:

(1) Crumbling, loose, or failing plaster.

(2) Broken windows or doors.

(3) Defective or lack of waterproofing for wood frame walls.

(4) Defective or weathered exterior wall covering due to lack of paint or other approved protective coating.

(5) Defective or lack of waterproofing for wood frame roofs.

(6) Broken, split, decayed, or buckled exterior wall or roof covering.

(f) Defective wiring, including all wiring except that which was legally installed in compliance with the Palo Alto Electrical Code in effect at the time of installation and is still maintained in good condition.

(g) Defective plumbing, including all plumbing except that which was legally installed in compliance with the Palo Alto Plumbing Code in effect at the time of installation and is still maintained in good condition.

(h) Defective heating and ventilation devices and accessory vents and piping, including all such devices and accessory vents and piping except those which:

(1) Were legally installed in compliance with this code in effect at the time of installation and are still maintained in good condition; and

(2) Are properly vented as required by this chapter.

(i) Improper sanitation and safety, including:

(1) Lack of one bath, lavatory and water closet in a dwelling unit.

(2) Lack of one bath, lavatory and water closet either serving each ten guest rooms, or serving each twenty guests if housed in less than ten guest rooms.

(3) Lack of kitchen sink in the kitchen of a dwelling unit.

(4) Lack of running water to sink, bath, water closet and lavatory in a dwelling unit.

(5) Lack of running water in bath, water closet and lavatory guest rooms.

(6) Lack of heating device to provide hot running water for bath and kitchen sink in a dwelling unit.

(7) Lack of heating device to provide hot running water for the baths serving guest rooms.

(8) Lack of adequate electric lighting.

(9) Lack of adequate heating system.

(10) Window areas or ventilation less than that required by this chapter.

(11) Room areas, ceiling height and cubic air space less than those required by this chapter.

(12) Damp, wet rooms used for living purposes.

(13) Infestation with insects, vermin and rodents, when so determined by the health officer.

(14) General dilapidated condition and not maintained as required by this chapter.

(15) Improperly enclosed or unsanitary underfloor area.

(16) Improperly ventilated or reduced height of underfloor area.

(17) Improperly ventilated cooking facilities.

(j) Exits, including:

(1) All doors, passageways, stairways, and courts which do not comply with the provisions of this chapter.

(2) Lack of access to each dwelling unit, guest room, or suite of rooms without passing through some portion of another dwelling unit, guest room or suite of rooms.

(k) Lack of, or defective fire protective equipment, where required by this chapter.

(l) Any building which is occupied by a residential occupancy for which it was not designed or intended.

(m) Visible mold growth, as determined by a health officer or a code enforcement officer, except mold that is minor and found on surfaces that accumulate moisture as part of their proper functioning and use.

(n) Any residential building which constitutes a "dangerous building," as defined in this code.

(o) Any residential building which constitutes a substandard building under the California State Housing Law, Section 17920.3, as it may be amended from time to time.

(Ord. 5397 § 2, 2016: Ord. 2104 (part), 1962: prior code § 34.901(b))

The term "occupy" shall mean to use for human habitation, for living. sleeping, cooking, or eating purposes, or any combination thereof, or for the conduct of any business, profession, occupation, or calling, including storage of merchandise or materials of any kind.

(Ord. 2104 (part), 1962: prior code § 34.901(c))

(a) All buildings or portions thereof which are determined by the building official to be dangerous or substandard as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure in this chapter or Chapter 9.56 (Abatement of Nuisances).

(b) The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described in this chapter, and abatement under this chapter shall not prejudice or affect any other action, administrative, civil, or criminal, for the maintenance of any such condition.

(Ord. 5397 § 3, 2016: Ord. 2104 (part), 1962: prior code § 34.902)

The following standards shall be followed in substance by the building official in ordering repair, vacation or demolition:

(a) If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired;

(b) If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated;

(c) In any case where a dangerous building is fifty percent damaged, decayed or deteriorated from its replacement value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter, any ordinance of this city, or statute of the state, it shall be demolished.

(Ord. 2104 (part), 1962: prior code § 34.903)

(a) Building Official to Commence Proceedings. Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he may commence proceedings to cause the repair or rehabilitation of the building or, if he finds that repairs or rehabilitation are impracticable, to cause the vacation and demolition of the building.

(b) Notice and Order - Contents. To commence proceedings under this section, the building official shall issue a notice and order directed to the record owner of the building and the person, if any, occupying or otherwise in real or apparent charge and control of the building. The notice and order shall contain:

(1) The street address and a legal description sufficient for identification of the premises on which the building is located.

(2) A statement that the building official has found the building to be dangerous and a public nuisance, with a brief description of the conditions which render the building dangerous and a public nuisance under the provisions of Sections 16.40.010 through 16.40.040 of this chapter, including, whenever an order to vacate and demolish is given, a finding that repair or rehabilitation is impracticable, with a brief statement of the facts upon which such finding is based.

(3) An order to secure permits and physically commence elimination of the described conditions within a reasonable timeframe as determined by the building official or, if repair or rehabilitation has been found impracticable, to vacate the building and commence demolition and complete demolition within a reasonable timeframe as determined by the building official.

(4) A statement advising that if the required repair or demolition work is not commenced within the time specified, the building official will order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and assess the costs thereof against the property.

(5) A statement advising that any person having any record title or interest in the building may appeal from the notice and order, or any action of the building official to the city council, provided the appeal is made in writing as provided in this section, and filed with the building official within fifteen days from the date of service of such notice and order.

(c) Persons Served. The notice and order, and any amended notice and order, shall be served upon each person to whom it is directed, and one copy thereof shall be served on each of the following: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or interest of record in or to the building or the land on which it is located. The

failure of the building official to make or attempt service on any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served from any duty or obligation imposed on him by the provisions of this section.

(d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided shall be effective on the date of mailing.

(e) Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.

(f) At the time the notice and order is served the building official shall file in the office of the county recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed or the notice and order reversed, modified or set aside by the city council upon appeal, so that the building no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder that the building has been demolished or removed or is no longer dangerous.

(Ord. 5397 § 4, 2016: Ord. 2104 (part), 1962: prior code § 34.904)

If the building official finds from inspection he has made or caused to be made of any building that there exists therein or on the premises thereof any conditions imminently dangerous to life should such building be or remain occupied by human beings, he may order the immediate evacuation of such building, if occupied, and shall cause to be posted at each entrance thereto a notice reading:

DO NOT ENTER

UNSAFE TO OCCUPY

BUILDING OFFICIAL OF CITY OF PALO ALTO

It is a misdemeanor to use or occupy this building or to remove or deface this notice.

City of Palo Alto Municipal Code Section 16.40.070

Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued by him under subsection (b) of Section 16.40.060, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has posted at each entrance door thereof a notice as prescribed in this section, except that entry may be made to repair, demolish or remove such building. No person shall remove or deface any such notice so posted until the required repairs, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code.

(Ord. 2104 (part), 1962: prior code § 34.905)

(a) Time for Filing - Form. Any person entitled to service under subsection (c), Section16.40.060 may appeal from any notice and order or any action of the building official by filing at the office of the city clerk within fifteen days from the date of service of such order, a written, dated appeal, in duplicate, containing:

(1) A heading in the words: "Before the city council of the city of Palo Alto."

(2) A caption reading: "Appeal of ___________________," giving the names of all appellants participating in the appeal.

(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.

(5) A statement of the relief sought, and the reason why it is claimed the protested order or action should be reversed, modified. or set aside.

(6) The signatures of all parties named as appellants, and their official mailing addresses.

(7) The verification of at least one appellant as to the truth of the matters stated in the appeal.

(b) Clerk to Set Hearing. Upon receipt at his office of any appeal filed pursuant to this section, the city clerk shall set a date for hearing of the appeal by the city council, which date shall be not less than ten days nor more than thirty days from the date the appeal was filed with the city clerk. Written notice of the time and place of the hearing shall be given, at least seven days prior to the date of the hearing, to each appellant by the city clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Copies of the notice shall also be delivered to the building official and the city attorney.

(c) Continuances. Continuances of the hearing may be granted by the city council on motion of either party for good cause shown, or on the city council's own motion. A request for continuance by signed stipulation of all appellants and the building official or their attorneys may be granted by the mayor.

(d) Conduct of Hearings. The hearings shall be informally conducted, and the technical rules of evidence shall not apply except that irrelevant and unduly repetitious evidence shall be excluded. Oral evidence shall be received only on oath or affirmation. During the course of the hearing the city council may visit and inspect any building or premises involved in the proceeding, and may there receive oral testimony of any sworn witness.

An appellant may present his case personally or by his attorney. The appellant's case shall be presented first. The building official may then present evidence in support of the notice and order and in rebuttal of appellant's case, after which the appellant may submit evidence in rebuttal of any evidence presented by the building official. Oral arguments or summations may be given after all the evidence is in, with the appellant opening and closing.

s attorney. The appellant's case shall be presented first. The building official may then present evidence in support of the notice and order and in rebuttal of appellant's case, after which the appellant may submit evidence in rebuttal of any evidence presented by the building official. Oral arguments or summations may be given after all the evidence is in, with the appellant opening and closing.

(e) Council to Make Findings. At the conclusion of the hearing, the city council shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support its decision. The decision may affirm, reverse, modify or set aside any order or action of the building official. A majority of the members of the city council must concur in any such decision. The decision of the city council shall be final.

Written findings and decisions shall be rendered by the city council within ten days from the date the hearing is concluded, and copies thereof shall be delivered to each appellant and the building official in the manner prescribed in subsection (d) of Section 16.40.060 for serving notices and orders of the building official. Proof of service shall be filed with the city council's records of the case.

(f) Appeal Stays Notice and Order. Except for emergency evacuation orders made pursuant to Section16.40.070, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom properly and timely filed.

(Ord. 2104 (part), 1962: prior code § 34.906)

(a) Noncompliance. After any order of the building official made pursuant to this chapter shall have become final, either by decision of the city council affirming the same in part or in whole or by failure to file an appeal within the time prescribed herein, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order of the building official.

(b) Owner Prosecuted. If, after any order of the building official made pursuant to this chapter has become final, either by decision of the city council affirming the same in part or whole or by failure to file an appeal within the prescribed time, the owner, lessee, occupant or other person in charge and control of the building which is the subject of such order shall continue to occupy or maintain such building without making the corrections thereof as required by such order, the building official may in the alternative either prosecute such owner, lessee, occupant or other person under subsection (a) of this section or institute court action to abate such building as a public nuisance.

(c) Building Official May Repair or Demolish. Whenever work is not commenced within the time specified in the notice and order and no appeal has been filed, and whenever work is not commenced pursuant to any notice and order, as affirmed or modified by the city council within ten days from the date of service of the decision of the city council after hearing on appeal:

(1) The building official shall cause the building or buildings described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING

DO NOT OCCUPY

BUILDING OFFICIAL OF CITY OF PALO ALTO

It is a misdemeanor to use or occupy this building or to remove or deface this notice.

Palo Alto Municipal Code Section 16.40.090(c)(1)

No person shall use or occupy any building which has been posted at each entrance door thereto a notice as prescribed in this subsection from and after the date of such posting until such building shall be restored to a condition of safety and stability, as required by the order of the building official except that entry may be made to repair, demolish or remove such building. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the building official have been completed and a certificate of occupancy issued pursuant to the provisions of the building code.

condition of safety and stability, as required by the order of the building official except that entry may be made to repair, demolish or remove such building. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the building official have been completed and a certificate of occupancy issued pursuant to the provisions of the building code.

(2) The building official shall have the power, in addition to any other remedy herein provided, to cause the building to be repaired to the extent reasonably necessary to correct the conditions which render the building dangerous as set forth in the notice and order, or, if the notice and order shall have directed demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning of the lot shall be paid over to the person or persons lawfully entitled thereto.

(Ord. 2104 (part), 1962: prior code § 34.907)

When any work of repair or demolition is to be done pursuant to Section16.40.090 hereof the building official shall issue his order therefor to the city engineer and the work shall be accomplished under the direction of the city engineer. Plans and specifications may be prepared by the city engineer, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary.

(Ord. 2104 (part), 1962: prior code § 34.908)

The city engineer shall keep an itemized account of the net expense incurred by the city in the repairing or demolishing of any building. Upon the completion of the work of repair or demolition, said city engineer shall prepare and file with the city clerk a report specifying the work done, the itemized net cost of the work, a description of the real property upon which the building or structure is or was located, the names and addresses of the persons entitled to notice pursuant to subsection (c) of Section 16.40.060 and the amount of the assessment against each lot or parcel of land proposed to be levied to pay the cost of the work. Any such report may include repair or demolition work on any number of buildings on any number of parcels or property, whether or not contiguous to each other.

(Ord. 2104 (part), 1962: prior code § 34.909)

Upon receipt of the report of the city engineer the city clerk shall set the report for hearing by the city council to be held not less than fifteen days nor more than sixty days after such filing and shall cause notice of the amount of the proposed assessment, as shown in the report, to be given in the manner and to the persons specified in subsections (c) and (d) of Section 16.40.060. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour and place when the council will hear and pass upon the report, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair or demolition and any other interested persons. Such notice of the hearing shall be so given not less than ten days prior to the time fixed by the council for the hearing, and shall also be published one time, at least ten days prior to the date of hearing, in a daily newspaper published and circulated in the city.

(Ord. 2104 (part), 1962: prior code § 34.910)

Any interested person may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the city engineer. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The city clerk shall endorse on every such protest the date and time of filing in his office, and shall present such protest to the council at the time set for the hearing.

(Ord. 2104 (part), 1962: prior code § 34.911)

Upon the day and hour fixed for the hearing the council shall consider the report of the city engineer, together with any protests which have been filed with the city clerk as hereinbefore provided. The council may make such revision, correction or modification in the report as it may deem just, and when the council is satisfied with the correctness of the assessment, the report and proposed assessment, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the council on the report and assessment and on all protests shall be final and conclusive. The council may adjourn the hearing from time to time.

(Ord. 2104 (part), 1962: prior code § 34.912)

The validity of any assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty days after the assessment is confirmed by the council.

(Ord. 2104 (part), 1962: prior code § 34.913)

Immediately upon the confirmation of the assessment by the council, the building official shall file in the office of the county recorder of Santa Clara County a certificate in substantially the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the Building Official by the provisions ofChapter 9.56 of the Palo Alto Municipal Code, said building official did on or about the __ day of ______, 19, cause the building or structure on the property hereinafter described to be repaired or demolished (as the case may be) in order to abate a nuisance on said real property, and the council of the city of Palo Alto did on ___ day of ______, 19, assess the cost of such repair or demolition (as the case may be) upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city of Palo Alto does hereby claim a lien on said real property for the net expense of the doing of said repair or demolition (as the case may be) in the amount of said assessment, to wit: the sum of $ ________, and the same shall be a lien upon said real property until the sum has been paid in full and discharged of record.

The real properly hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the city of Palo Alto, county of Santa Clara, state of California, and particularly described as follows:

[DESCRIPTION]

Dated: This __ day of _________, 19.

---

Building Official of the

City of Palo Alto.

NOTARIAL

ACKNOWLEDGMENT

Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state, county and city taxes.

(Ord. 2104 (part), 1962: prior code § 34.914, 1964)

The amount of the lien shall be entered on the next tax roll upon which general municipal taxes are to be collected. Thereafter such amount shall be collected at the same time and in the same manner as general city taxes are collected, and shall be subject to the same interest and penalties and to the same procedure and sale in the case of delinquency. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.

(Ord. 2452 § 11, 1968: Ord. 2104 (part), 1962: prior code § 34.915, 1964)

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered by the building official to be repaired, vacated and repaired, demolished or removed, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

(Ord. 2104 (part), 1962: prior code § 34.916, 1964)

                    Chapter 16.42

SEISMIC HAZARDS IDENTIFICATION PROGRAM

Sections:

It is found and declared that in the event of a strong or moderate local earthquake, loss of life or serious injury may result from damage to or collapse of buildings in Palo Alto. It is generally acknowledged that Palo Alto will experience earthquakes in the future due to its proximity to both the San Andreas and Hayward faults. The purpose of this chapter is to promote public safety by identifying those buildings in Palo Alto which exhibit structural deficiencies and by accurately determining the severity and extent of those deficiencies in relation to their potential for causing loss of life or injury. The city council finds it desirable to identify the hazards that these deficiencies may pose to occupants of buildings and pedestrians in the event of an earthquake. Such a seismic hazards identification program is consistent with California Health and Safety Code Sections 19160 - 19169 and is necessary to implement the Palo Alto Comprehensive Plan's Environmental Resources Policy 14, Program 47.

(Ord. 3666 § 1 (part), 1986)

(a) "Bearing wall" means any wall supporting a floor or roof where the total superimposed load exceeds one hundred pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over six feet in height.

(b) "Building," for the purpose of determining occupant load, means any contiguous or interconnected structure; for purposes of engineering evaluation, means the entire structure or a portion thereof which will respond to seismic forces as a unit.

(c) "Capacity for transfer" means the maximum allowable capacity of a structural system or connection to resist in a ductile manner the lateral forces it would encounter due to earthquake forces.

(d) "Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the state of California pursuant to the rules and regulations of Title 16, Chapter 5 of the California Administrative Code.

(e) "External hazard" means an object attached to or forming the exterior facade of a building which may fall onto pedestrians or occupants of adjacent buildings. Examples of this type of hazard include, but are not limited to, the following:

(1) Nonstructural exterior wall panels, such as masonry infill or decorative precast concrete;

(2) Parapets;

(3) Marquees, awnings or other roof-like projections from a building;

(4) Masonry or stone wall veneer and wall ornamentation, including cornices or other decorative appendages;

(5) Masonry chimneys;

(6) Tile roofing;

(7) Wall signs and exterior lighting fixtures hung from a building exterior;

(8) Fire escapes or balconies.

(f) "Geometry" means a building's shape or configuration, including setbacks of wall/column lines, reentrant corners, discontinuities in vertical and horizontal lateral force diaphragms, open storefront and building stiffness variations due to the distribution of resisting elements or the use of materials of differing properties within the same structural element, or other irregularities in plan or elevation.

(g) "Occupants" means the total occupant load of a building determinedm pursuant to the Uniform Building Code, or the actual maximum number of occupants in that building if that number is less than seventy-five percent of the number determined pursuant to the code. The number of actual occupants may be documented by counting actual seating capacity if permanent seating is provided in the occupancy, or by employee and client counts which can be substantiated as a practical maximum use of the space in the building. The chief building official will establish the procedure for documenting occupant loads.

(h) "Solution" means any justifiable method that will provide for the transfer of lateral forces through a system or connection to a degree which will substantially eliminate a potential collapse failure. A general description of the methods and materials to be used shall be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e., adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.).

the transfer of lateral forces through a system or connection to a degree which will substantially eliminate a potential collapse failure. A general description of the methods and materials to be used shall be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e., adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.).

(i) "Unreinforced masonry" ("URM") building means any building containing walls constructed wholly or partially with any of the following materials:

(1) Unreinforced brick masonry;

(2) Unreinforced concrete masonry;

(3) Hollow clay tile;

(4) Adobe or unburned clay masonry.

(Ord. 4642 § 28, 2000: Ord. 3666 § 1 (part), 1986)

(a) Applicability. The following buildings in Palo Alto shall be required to have an engineering report submitted to the city's building inspection division, pursuant to Section 16.42.050, to determine: (i) the existence, nature and extent of structural deficiencies which could result in collapse or partial collapse of the building; and (ii) the existence, nature and extent of deficiencies in the anchoring of external hazards:

(1) Buildings constructed of unreinforced masonry (URM), except those of less than one thousand nine hundred square feet containing six or fewer occupants;

(2) Buildings constructed prior to January 1, 1935 containing one hundred or more occupants;

(3) Buildings constructed prior to August 1, 1976 containing three hundred or more occupants.

(b) Exemptions. The following buildings need not comply with this chapter:

(1) Buildings which have been structurally upgraded in substantial accordance with either the Los Angeles Division 88 Standard for URM buildings or the 1973, or later, edition of the Uniform Building Code;

(2) Buildings whose uses are subject to amortization under this code; provided that, upon the termination of the nonconforming use, such a building shall be required to be rehabilitated to the then current lateral force requirements in the Uniform Building Code prior to occupancy by a conforming use.

(Ord. 3666 § 1 (part), 1986)

(a) Building Categories. The categories of buildings within the scope of this chapter are set forth in Table A, below.

(b) Owner Notification. The owners of buildings in categories I through III, except those designated as historic buildings, shall be notified within six months of enactment of the ordinance codified in this chapter by the building inspection division of the city of Palo Alto that their buildings are required to have an engineering report submitted to the city. Owners of designated historic buildings, as defined in Chapter 16.49, shall be notified within eighteen months of enactment of the ordinance codified in this chapter.

(c) Implementation Schedule. The owners of buildings in categories I through III must submit engineering reports within the time frame set out in Table A, below, from the date of mailed notice by the city.

Table A

                                                        Engineering Report

Category Description Submitted Within Date of Mailed Notice (in Years) I All URM buildings. 1-1/2 All pre-1935 buildings other than URM with 100 occupants or more. All buildings with 300 occupants or more III constructed between January 1, 1935 and August 2-1/2 1976.

(Ord. 3666 § 1 (part), 1986)

(a) Preparation of Reports. Building owners shall employ a civil or structural engineer to prepare the investigation and engineering report outlined below.

(b) Purpose. To investigate, in a thorough and unambiguous fashion, a building's structural systems that resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a structural failure (collapse or partial collapse).

(c) General. Each building shall be treated as an individual case without prejudice or comparison to similar type or age buildings which may have greater or lesser earthquake resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed.

(d) Level of Investigation. Some buildings will require extensive testing and field investigation to uncover potential structural deficiencies, while others will allow the same level of overall evaluation by a less complicated process due to simplicity of design or the availability of original or subsequent alteration design and construction documents.

It is the responsibility of the engineer performing the evaluation to choose the appropriate level of investigation which will produce a report that is complete and can serve as a sound basis for a conclusion on the collapse hazard the building may present.

(e) Format for the Report. The following is a basic outline of the format each engineering report should follow. This outline is not to be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required by the ordinance may be accomplished. It also will serve as a means for the city to evaluate the completeness of each report.

(1) General Information. A description of the building including: (i) the street address; (ii) the type of occupancy use within the building, with separate uses that generate different occupant loads indicated on a plan showing the square footage of each different use; (iii) plans and elevations showing the location, type and extent of lateral force resisting elements in the building (both horizontal and vertical elements); (iv) a description of the construction materials used in the structural elements and information regarding their present condition; (v) the date of original construction, if known and the date, if known, of any subsequent additions or substantial structural alterations of the building; and (vi) the name and address of the

original designer and contractor, if known, and the name and address of the designer and contractor, if known, for any subsequent additions or substantial structural alterations.

(2) Investigation and Evaluation of Structural Systems. All items to be investigated and the methods of investigation for each type of building under consideration are contained in Appendices A and B, attached to the ordinance codified in this chapter, available from the city's building inspection division.

(3) Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report.

(4) Conclusions. Based on the demand/capacity ratio and the specific evaluation items contained in Appendices A or B attached to the ordinance codified in this chapter, a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building's lateral force-resisting system regarding potential collapse or partial collapse failure.

(5) Recommendations. An appropriate solution, which could be used to strengthen the structure to alleviate any collapse or partial collapse threat, shall be specified.

(f) Exceptions and Alternatives. Exceptions to the specific items required to be included in an engineering report may be granted by the chief building official upon review of a written request from the engineer preparing the report. Such a request shall provide evidence that adequate information concerning the required item(s) can be determined by alternate means or that a conclusion can be made about the item without following the solution called for in the appropriate appendix. The purpose of granting such exceptions shall be to reduce the costs or disruption that would result from taking required actions, when it can be shown that they are unnecessary to provide information available by other equivalent means. In no case will an exception be granted which would result in an item not being completely evaluated. The decision of the chief building official in granting exceptions is final.

(Ord. 3666 § 1 (part), 1986)

(a) The city shall utilize the services of civil or structural engineers to assist the building inspection division in determining if the submitted engineering reports conform to the requirements of this chapter.

(b) The cost of this review shall be recovered by a fee assessed from the building owner based on the time required for the review. This fee amount shall be deducted from the plan checking fee collected for any future construction work that deals directly with correcting any of the structural inadequacies specified in the engineering report.

(c) Copies of the engineering reports shall be available to interested individuals for a standard copying fee or may be reviewed at the building inspection division offices.

(Ord. 3666 § 1 (part), 1986)

(a) Notification of Building Tenants. A building owner shall notify all tenants, in writing, that a structural investigation has been performed and that the report is available at the building inspection division offices. This notice must be sent within thirty days of the date the report is submitted to the city.

(b) Letter of Intent. A building owner shall submit a letter to the building inspection division within one year of the date the engineering report was submitted, indicating the owner's intentions for dealing with the potential collapse hazards found to exist in the building.

(Ord. 3666 § 1 (part), 1986)

The chief building official shall submit a semiannual report to the city council on the status of the seismic hazards identification program. The reports shall include information regarding the number of buildings analyzed, the severity of the structural inadequacies discovered and any actions taken by individual building owners to correct these inadequacies.

(Ord. 3666 § 1 (part), 1986)

It shall be unlawful for the owner of a building identified as being included in the scope of this chapter to fail to submit a report on either building collapse hazards or external hazards within the time period specified in Section 16.42.040(c), Table A, or to fail to submit a letter of intent within the time period specified in Section 16.42.070(b). The following remedies are available to the city:

(a) The city may seek injunctive relief on behalf of the public to enjoin a building owner's violation of this chapter.

(b) Any building owner violating this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 1.08.010 of this code. Such building owner is guilty of a separate offense for each and every day during any portion of which such violation of this chapter is committed, continued or permitted by such building owner.

(c) These remedies are not exclusive.

(Ord. 3881 § 9, 1989: Ord. 3666 § 1 (part), 1986)