Portola Valley Municipal Code Ch. 15.28 Disaster Repair and Reconstruction

This chapter establishes standards and regulations for the expeditious repair and reconstruction of buildings or structures damaged as a result of an emergency as declared by the town council. The chapter does not allow exemptions from the building, fire, electrical, mechanical, plumbing, other codes or town ordinances.

(Ord. 1999-317 § 3 (part), 1999)

A. The provisions of this chapter are applicable to all buildings and structures regulated by the town following each disaster after a local emergency has been declared by the town council.

B. The requirements of this chapter may be waived by the building official subject to an engineering evaluation as defined in Section 15.28.030 of this chapter.

(Ord. 1999-317 § 3 (part), 1999)

For the purposes of this chapter, the following definitions shall apply:

A. "Architect" means a person licensed by the state of California to practice architecture as prescribed by the state of California Business and Professional Code.

B. "Building official" means the officer or other designated authority or duly designated representative charged with the administration and enforcement of this chapter.

C. "Civil engineer" means a person registered by the state of California to practice civil engineering as prescribed by the state of California Business and Professional Code.

D. "Current code" means the edition of the Uniform Building Code published by the International Conference of Building Officials, as adopted by the town or adopted in accordance with operation of law pursuant to Section 18941.5 of the state of California Health and Safety Code. The edition to be applied shall be that edition in effect at the time of the declaration of a local emergency by the town council.

E. "Emergency means any occurrence, which results in the declaration of an emergency by the town council, including but not limited to, severe storms, earthquakes and floods.

F. "Engineering evaluation" means an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer or architect retained by the owner of the building or structure. An engineering evaluation shall, at minimum, contain recommendations for repair, with an appropriate opinion of construction costs for those repairs.

G. "Replacement value" means the dollar value, as determined by a building official, for replacing a damaged structure with a new structure of equal size, construction material and occupancy on the same site.

H. "Structural engineer" means a person registered by the state of California to practice civil engineering and to use the title "structural engineer" as defined in the state of California Business and Professional Code.

I. "Value of repair" means the dollar value, as determined by the building official, for making necessary repairs to the damaged structure.

(Ord. 1999-317 § 3 (part), 1999)

Buildings and structures of all occupancies which have been damaged as a result of an emergency, except as otherwise noted, shall be repaired in accordance with the following criteria:

A. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion(s) may be restored to their pre-disaster condition.

B. When the estimated value of repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements, as well as all critical ties and supported elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.

C. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current code and the reconstruction must comply with current zoning regulation, pursuant to Section 18.46.080 of this code.

D. In Group R, Division 3 occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys shall be repaired in accordance with Section 15.28.050 of this chapter.

(Ord. 1999-317 § 3 (part), 1999)

A. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 31 of the Uniform Building Code. Damaged portions of chimneys shall be removed in accordance with the following criteria:

1. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney shall be braced to the roof structure.

2. For single-story buildings or structures where the damaged portion of the chimney is below the roof line or the damaged portion extends from above the roof line to below the roof line, the chimney may be removed to the top of the fireplace.

3. For a multi-story building or structure, the damaged portion of the chimney shall be removed from the top of the chimney to a floor line where sound anchorage is found.

4. In any building or structure where the firebox has been damaged, the entire chimney and firebox shall be removed to the foundation. If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation for the chimney shall be removed and replaced.

B. Where existing conditions preclude the installation of all anchorage required by Chapter 31 of the Uniform Building Code, alternate systems may be used in accordance with the alternate methods and materials provision of the Uniform Building Code, if and when approved by the building official.

C. Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line shall be braced to the roof.

(Ord. 1999-317 § 3 (part), 1999)

A. An engineering evaluation shall be performed on all buildings or structures included on a national, state or county historic register, or

in the historic element of the town general plan that have been damaged as a result of an emergency.

B. The minimum criteria for repair shall be pursuant to Section 15.28.040 of this chapter with due consideration given to the historical rating and nature of the building or structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code, shall apply.

C. Where conflicts exist between the standards contained herein and the state of California Historic Building Code, the Historic Building Code shall govern.

(Ord. 1999-317 § 3 (part), 1999)

A. The property owner or other interested party may make an appeal to the town council regarding the building official's decision that necessary repairs needed to be made to the damaged building or structure. Any such appeal shall indicate the basis of error by the building official, and shall be hand-delivered to the building official or the town clerk within thirty days of the issuance of notice, pursuant to this section. No appeal shall be considered filed, or effective, unless the appellant also files a timely abatement plan with the building official. To be considered timely, the abatement plan must be filed within the time required by this section. Failure to appeal within the required thirty day appeal period shall constitute a waiver of the right to appeal to the town council, and the building official's determination and order shall stand.

B. Form of Appeal. All appeals of the building official's notice and order to repair shall:

1. Indicate the basis of error by the building official; and

2. Contain the home telephone numbers, home address, business telephone number and business address of the appellant.

C. Hearing. Upon receipt of a valid appeal, the building official shall schedule an appeal hearing before the town council. The appellant shall be notified of the date, time and place of the hearing as soon as possible.

At the hearing, the appellant shall have the right to call witnesses, submit evidence and to cross-examine the witnesses of the town. All witnesses shall be sworn. A record of the entire proceedings shall be made by tape recording. Any relevant evidence may be admitted regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions in the courts of this state.

At the close of the hearing, the town council shall act to uphold, overrule or modify the determination and order of the building official. The determination and order of the building official shall be upheld, unless the town council finds, based upon the evidence in the record, that the building official erred in determining that the building or structure needed to be repaired according to the provisions in this chapter. The decision of the town council with the reasons therefor, may be given orally on the record. If given orally, the decision shall be memorialized in writing and served upon the appellant within twenty-four hours of the time the oral decision is rendered.

If the town council upholds the decision of the building official, the property owner or other interested party of record shall be ordered to repair the damaged building or structure within the time set forth in the order. If the building or structure is determined not to need repair, the building official's determination and order shall be vacated. The decision of the town council shall be final on the date it is rendered.

(Ord. 1999-317 § 3 (part), 1999)