Seaside Municipal Code Art. II Phase II

SMC §§ 15.10.110 through 15.10.190 shall constitute Phase II of the regulations governing earthquake hazard reduction in existing buildings. Ordinance 772, adopted on May 3, 1990, shall remain in full force and effect unless provided otherwise. In the event of a conflict, Phase II shall supersede previously adopted provisions of Ordinance 772, set out in Article I of this chapter.

(Ord. 826 § 1 (Exh. A), 1993)

A. The owner of each building within the scope of this chapter shall, upon service of an order from the building official and within the time limits specified herein, cause such building to be structurally altered to conform to city standards or cause the building to be demolished.

B. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting the following to the building official for review within the stated time limits:

1. Within two hundred seventy days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this chapter; or

2. Within one hundred eighty days after service of the order, plans for the installation of wall anchors in accordance with city requirements; or

3. Within two hundred seventy days after service of the order, plans for the demolition of the building.

C. After plans are submitted to the building division and approved by the building official, the owner shall obtain a building permit and thereafter commence and complete the required construction or demolition within the time limits set forth herein.

(Ord. 826 § 1 (Exh. A), 1993)

Wall anchors may be installed as a temporary measure and shall extend for a period of five years, the time within which a structure must be structurally altered or demolished. Following the submission of plans as required by SMC § 15.10.120, the owner shall obtain a building permit for installation of wall anchors no later than two months after the submission of plans. Construction must commence no later than ninety days after a building permit is issued. Construction shall be completed and the structure ready for final inspection no later than ninety days after the commencement of construction.

(Ord. 826 § 1 (Exh. A), 1993)

A. Following the submission of plans as required by SMC § 15.10.120, the owner shall obtain a building permit for structural alteration of the building no later than three months after the submission of plans. Construction must commence no later than one hundred eighty days after a building permit is issued. Construction shall be completed and the structure ready for final inspection no later than eighteen months after the commencement of construction.

B. This chapter does not require alteration of original existing electrical, plumbing, mechanical or fire safety systems which are in good repair and have not been altered without permits and inspections.

(Ord. 826 § 1 (Exh. A), 1993)

Following the submission of plans for demolition of the building as required by SMC § 15.10.120, the owner shall obtain a demolition permit no later than three months after the submission of plans. Demolition shall be completed no later than two years after the permit is issued.

(Ord. 826 § 1 (Exh. A), 1993)

Following the issuance of a permit for structural alteration, installation of wall anchors or demolition, the building official may grant a one-year extension for the commencement of construction upon good cause shown.

(Ord. 826 § 1 (Exh. A), 1993)

The building official shall adopt standards relating to analysis and design, and materials of construction, which shall be kept on file in the building division. These standards shall govern and regulate the implementation of this chapter.

(Ord. 826 § 1 (Exh. A), 1993)

The order prepared by the building official shall be in writing and shall be served either personally or by certified mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall also specify that the dates for compliance will not be extended due to the transfer or sale of the property. The order shall be accompanied by a copy of Phase II of the regulations governing earthquake hazard reduction in existing buildings, which sets forth the owner’s alternatives and time limits for compliance.

(Ord. 826 § 1 (Exh. A), 1993)

A. Vacating of Building. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter and within the required time limits of this chapter, the building official may order the entire building vacated and the building shall remain vacant until such order has been complied with. If compliance with such order has not been accomplished within ninety days after the date the building has been ordered vacated, or such additional time as may have been granted by the building official, the building official may order its demolition in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings, current edition, or other applicable law.

B. Injunctive Relief. The city may seek injunctive relief on behalf of the public to enjoin a violation of this chapter.

C. Misdemeanor. A building owner violating this chapter shall be guilty of a misdemeanor. Each offense shall be punishable by a fine to be established by resolution of the city council. 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.

D. Chapter 1.16 SMC. The general penalties specified in Chapter 1.16 SMC shall be applicable to violations of this chapter.

(Ord. 826 § 1 (Exh. A), 1993; Ord. 1042 § 2, 2017)