Chapter 17.74

• A. No person shall keep, store or park any trailer, boat or motor vehicle on any portion of a front yard or corner lot side yard facing a street of a property designed or used as a residence, except on an area that is paved.

• B. No owner, tenant, manager, or occupant of property used as a residence shall allow or suffer another person to keep, store or park any trailer, boat or motor vehicle on any portion of a front yard or corner lot side yard facing a street, except on an area that is paved.

• (Ords. 25014, 26710.)

• A. No person shall park or store any recreational vehicle in the front yard of property designed or used as a residence unless the recreational vehicle is parked or stored perpendicular to the street.

• B. An owner or operator of a recreational vehicle parked or stored on property designed or used as a residence shall be an occupant of the property upon which the recreational vehicle is parked or stored, except as set forth in Section 17.72.580 of this chapter.

IDENTIFICATION OF POTENTIALLY HAZARDOUS BUILDINGS

Sections:

• 17.74.080 Fees.

• 17.74.090 Submission of reports to seismic safety commission.

The purpose of this chapter is to promote public safety and welfare by identifying potentially hazardous buildings constructed of unreinforced masonry wall construction, as required by Chapter 12.2 of Division 1 of Title 2 of the Government Code.

(Ord. 23190.)

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§ 17.74.020

• A. Any building constructed of unreinforced masonry wall construction is hereby deemed to be a potentially hazardous building.

• B. All potentially hazardous buildings are subject to the requirements of this chapter except: 1. Warehouses or similar structures not used for human habitation, unless such warehouses or structures house emergency services equipment or supplies.

  2. Buildings having five dwelling units or less.

• (Ord. 23190.)

For the purpose of this chapter, "unreinforced masonry wall construction" means masonry bearing and infill walls that are not reinforced by metal rods, bars or strands.

(Ord. 23190.)

• A. The department of neighborhood preservation shall identify all potentially hazardous buildings within the City of San José, except for qualified historical buildings, as defined in subsection D. of Section 17.70.020.

• B. The department of neighborhood preservation shall notify the owner of each such building that the building has been deemed to be potentially hazardous. The notice shall be in writing and shall be served either personally or by mail upon the owner as shown on the last equalized assessment roll.

• C. The notice shall specify that the building has been determined to be potentially hazardous and that the owner shall cause an engineering report to be made by a civil or structural engineer or architect licensed by the state of California to determine the existence, nature and extent of structural deficiencies that could cause a collapse or partial collapse of the building during earthquakes of various magnitudes. The notice shall specify that the engineering

report shall be submitted to the department of neighborhood preservation by the date specified in the notice, which shall be not less than thirty days from the date of the notice. The date for submitting the report may be extended by the director of neighborhood preservation in cases where the director determines that additional time may be needed.

• D. The notice also may specify and require the building owner to submit to the department of neighborhood preservation a letter describing the progress that has been made in preparing the engineering report required by this chapter. The notice shall specify the date on which the letter, if required, shall be due.

• E. If the owner of the building fails to submit an engineering report which conforms to the provisions of this chapter within the specified time, or if the owner fails to submit the letter described in subsection D. of this section within the specified time, the director of neighborhood preservation may order the restriction from use or occupancy of the building until an engineering report which conforms to the provisions of this chapter or the letter has been prepared and submitted to the department of neighborhood preservation. The remedy provided by this subsection E. is in addition to any other remedies provided at law or in equity.

(Ord. 23190.)

• A. The owner of any building determined to be potentially hazardous may appeal this determination by filing an appeal with the director of neighborhood preservation on forms provided by the director within thirty days from the service date of the notice specified in subsection B. of Section 17.74.040. Failure to submit an appeal within this time period shall render the determination that the building is potentially hazardous as final and not subject to appeal.

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§ 17.74.070

• B. The appeal shall set forth in a clear and concise manner the grounds for the appeal. The appeal shall be accompanied by a filing fee as set forth in subsection B. of Section 17.74.080.

• C. The director shall set the appeal for hearing and shall notify the building owner in writing of the time and place for the hearing. The hearing shall be held not less than ten days from the date of receipt of the hearing notice by the building owner. The director shall conduct the hearing and shall permit the building owner an opportunity to present evidence at the hearing in support of the appeal.

• D. The director shall render a written decision on the appeal within thirty days after the hearing and shall cause a copy of the decision to be delivered to the building owner by personal service or mail.

• E. If the director upholds the determination that the building is potentially hazardous, the director shall notify the building owner in writing of the time in which the engineering report required by this chapter shall be submitted to the department of neighborhood preservation.

• (Ord. 23190.)

• A. The engineering report required by this chapter shall be prepared by a civil or structural engineer or architect licensed by the state of California.

• B. The report shall investigate, in a thorough and unambiguous fashion, the structural systems of the building that resist the forces imposed by earthquakes of various magnitudes and determine if any individual portion or combination of these systems is adequate or inadequate to prevent a structural failure or collapse of the building.

• C. The report shall include the following information:

  1. The street address of the building.

  2. The current use or uses of the building.

  3. A plan of the building showing the location of each use within the building and the total square footage and occupancy level of each such use.

  4. Elevations and plans showing the location, type and extent of horizontal and lateral resisting systems in the building.

  5. Description of the materials used in construction of the structural systems of the building and the current condition of such systems.

  6. Date of original construction of the building, if known, and of any subsequent additions or major structural alterations, if known.

  7. Name and address of the original building designer and contractor, if known, and of the designer and contractor of any subsequent additions or major structural alterations to the building, if known.

  8. Field and laboratory test results used to determine the adequacy or inadequacy of the building's structural systems.

  9. An evaluation of the above test results, as they pertain to the adequacy or inadequacy of the building's structural systems.

  10. Conclusions with respect to the overall structural soundness of the building and of each structural system in the building and its resistance to earthquakes of varying magnitudes.

  11. Recommended actions that can be taken by the building owner to minimize, reduce or eliminate the potential for collapse or partial collapse of the building during earthquakes of varying magnitudes.

• (Ord. 23190.)

• A. The report shall be submitted in duplicate to the department of neighborhood preservation within the time specified in the notice issued pursuant to subsection B. of Section 17.74.040,

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§ 17.74.070

or, in the case of an appeal that has been denied by the director, the time specified by the director. The report shall be accompanied by the fee specified in subsection A. of Section 17.74.080.

• B. The report shall be reviewed by the department of neighborhood preservation to determine if it conforms to the provisions of this chapter.

• (Ord. 23190.)

• A. Review Fee. Before accepting for review the engineering report required by this chapter, the department of neighborhood preservation shall collect a review fee from the person submitting the report. The amount of the review fee shall be as set forth in the schedule of fees established by resolution of council. No report shall be accepted by the department of neighborhood preservation until the fee has been paid.

• B. Appeal fee. Before accepting any appeal that is submitted in accordance with Section 17.74.050, the department of neighborhood preservation shall collect an appeal fee from the person submitting the appeal. The amount of the appeal fee shall be as set forth in the schedule of fees established by resolution of council. No appeal shall be accepted until the fee has been paid.

• (Ord. 23190.)

The department of neighborhood preservation shall submit a summary of the engineering reports prepared in accordance with this chapter together with a copy of this chapter to the state seismic safety commission by January 1, 1990, in accordance with Section 8877 of the California Government Code.

(Ord. 23190.)

If, in its review of the engineering report, the department of neighborhood preservation determines that the building structure or any structural component thereof has less than twenty-five percent of the resistance to wind or earthquake forces which was required of new buildings by the 1973 Edition of the Uniform Building Code, the city manager may, pursuant to Section 17.40.040, take abatement actions or commence proceedings to cause the building to be repaired, restricted from use or occupancy, demolished or otherwise abated, in accordance with the provisions of Chapters 17.02 and 17.40 of this Code.

(Ord. 23190.)

This ordinance [chapter] shall become effective on August 1, 1989.

(Ord. 23190.)