Sierra Madre Municipal Code Ch. 15.44 Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings…

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Editor's note— Ord. No. 1439, § 2(Exh. A), adopted March 23, 2021, amended Ch. 15.44 in its entirety to read as herein set out. Former Ch. 15.44, §§ 15.44.010—15.44.030, pertained to earthquake hazard reduction in existing buildings, and derived from prior code §§ 8801, 8820, 8830; and Ord. 1059, §§ 1—3, adopted in 1990.

The city places a high priority on protecting and preserving historic buildings while encouraging their continued use. Some of these buildings are constructed of unreinforced masonry-bearing walls, (hereinafter "URM buildings") which have been recognized as a hazard due to the potential for collapse in an earthquake. Most URM buildings were constructed prior to when the state set minimum seismic safety requirements through the Riley Act in 1933. Additionally, Senate Bill 547, Government Code Section 8875(c), passed in 1986, formally declared these URMs to be a potential hazard and required local governments to mitigate the hazard. In compliance with state law, the City of Sierra Madre desires to replace Ordinance 1059 adopted in 1990, and establish a new risk reduction program.

The city declares as its goal the retrofitting of URM buildings to the standards recommended by the California State Seismic Commission, as adopted and amended in this chapter, and without loss or degradation of qualified historic buildings and without detracting from the historic characteristics of the city.

The provisions in this chapter will not prohibit the demolition of a URM building and replacement of URM buildings with new construction.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. The city has adopted Appendix Chapter A1 (Title 24) of the 2019 California Existing Building Code (CEBC), California Code of Regulations, Part 10 as published by the California Building Standards Commission. One copy of the above publication is on file for public inspection.

B. This chapter shall be known and cited as the Sierra Madre Code for Building Conservation, and will be referred to herein as the "CEBC." The provisions of the CEBC shall be the minimum standard for reusing existing buildings and for strengthening URM buildings. Except as specifically amended herein, the CEBC shall govern the construction required to reuse existing URM buildings or to strengthen URM buildings.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

The following definitions shall supersede those found in the CEBC:

"Historic landmark" shall have the same meaning as defined in Section 17.82.030, titled "Definitions."

"Masonry construction" means unit construction consisting of brick, concrete, block, tile, stone, or similar material.

"Potentially hazardous building" means any building constructed prior to the adoption of local building codes requiring earthquake resistant design of buildings and where the walls are of unreinforced masonry construction. It does not include:

A. Buildings having five or fewer living units;

B. Historic landmark designated prior to the effective date of this ordinance;

C. Warehouses or similar structures not used for human habitation, except for warehouses or structures housing emergency services equipment or supplies; and

D. Unreinforced masonry construction if the walls are nonload bearing with steel or concrete frame.

"Reviewing authority" means the building official; provided however, that if an application involving a URM building requires an additional approval, such as a discretionary demolition permit or a certificate of appropriateness, then the reviewing authority shall be the official or body that approves such additional approval.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. The order shall be in writing and shall be served either in person or by certified or registered 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.

B. 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.

C. The order shall specify the owner's alternatives and time limits for compliance.

D. The order shall specify the notice requirements and potential penalties for failing to comply with this chapter.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. The owner of a URM building within the scope of this chapter shall comply with the requirements set forth herein and submit to the building official the information below within the prescribed time limits below:

1. Within one hundred eighty days after receipt of actual or constructive notice of the order, a structural analysis subject to approval by the building official shall demonstrate that the building meets the minimum requirements of the CEBC. The property owner may request a time extension due to hardship resulting from natural causes or disaster without human intervention, which may be granted at the discretion of the director; or

2. Within two hundred seventy days after receipt of actual or constructive notice of the order, obtain a building permit to complete structural retrofit alterations in compliance with this chapter. The property owner may request a time extension in order to obtain necessary entitlements to perform the retrofit, which may be granted at the discretion of the director; or

3. Within three hundred sixty days after receipt of actual or constructive notice of the order, complete construction for the retrofit in accordance with the requirements specified in CEBC Appendix A1, Section A113.1. The property owner may request a time extension in order to complete more extensive structural analysis and work identified to be performed for the retrofit, which may be granted at the discretion of the director, or

4. Submit an application for the demolition of the building if the building official determines that the building is unsafe for occupancy in compliance with Section 15.04.115, or if the findings as set forth in Section 15.44.070 are not met.

B. After plans are submitted and approved pursuant to this chapter, the owner shall post a sign notice describing work to be performed, obtain a building permit, and then commence and complete the required construction or demolition with the time limits set forth in Section 15.44.050 herein. Such time limits shall begin to run from the date the order is served in accordance with Section 15.44.050.

C. Applicants electing to install wall anchors and parapet braces pursuant to subsection (A)(3) above are also required to retrofit pursuant to subsection (A)(2) or demolish according to subsection (A)(4). If such election is made, the two-hundred-seventy-day period provided for in subsections (A)(2) and (A)(4) and the time limits for obtaining a building permit and for completing structural alterations or building demolition set forth in Section 15.44.050 shall be extended by the building official up to one year.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. Applications for demolition of a URM building shall be filed in accordance with the requirements for demolition as set forth within Section 17.60.056 discretionary demolition permit and Section 15.04.115, titled "Demolition permits."

B. Any request for the demolition of a historic landmark shall be accompanied by an application for a certificate of appropriateness in accordance with the requirements set forth in Section 17.82.090, titled "Certificates of appropriateness."

C. The reviewing authority may only deny a request to demolish a URM building if it makes all of the following findings:

1. The building is a historic landmark as defined herein;

2. Denial of the demolition request does not deny the owner all economically beneficial or productive use of the property.

D. If the reviewing authority cannot make these findings, the building official shall issue the demolition permit being requested if it otherwise complies with the law governing the issuance of demolition permits.

E. If demolition permission is not granted pursuant to the applicable procedure the building must be retrofitted per the schedule contained in Section 15.44.050.

F. The provisions of Section 15.04.115(J) of this code shall apply to property on which a URM building was demolished after the effective date of the ordinance codified in this chapter, without the approvals required herein.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

No URM building shall be designated a historic landmark prior to completion of retrofit.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. In addition to the standards for seismic retrofit adopted in Section 15.44.020 herein, seismic retrofit projects for historic landmarks shall conform to the State Historical Building Code (Part 8, Title 24 of the California Building Standards Code) and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (most current edition).

B. Seismic retrofit plans and specifications shall be reviewed by the reviewing authority.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

Prior to the issuance of a permit by the building official, the plans for retrofit work on any URM building must include:

A. Architectural and engineering details required under California Existing Building Code Section 105.3,

B. Significant exterior architectural features of the building and a description of how these elements will be affected by the retrofit;

C. The tests that will be made to determine the strength of the existing wall(s), where the test will be taken and, if destructive, how restoration and repair will be done to match the existing material;

D. Detailed specifications of how historic elements affected by retrofit will be restored.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

Staff may promulgate advisory guidelines and outreach materials for the retrofit of buildings pursuant to this chapter.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. At the time that the building official serves the order, the building official shall also file with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where compliance with this chapter has not been demonstrated.

B. If the building is either demolished, found not to be within the scope of this chapter, or is found to be structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or analysis, the building official shall file with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. An owner of a URM building who has received actual or constructive notice of the order to retrofit, shall post a sign at least five feet above grade, in a conspicuous place at the entrance of the building, not less than eight inches by ten inches the following statement, with the first two words printed in fifty-point bold type and the remaining words in at least thirty-point type and printed on bright orange color paper:

"Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake."

B. Every rental or lease agreement involving a URM building that received actual or constructive notice of the order to retrofit must contain the following statement:

"This building, which you are renting or leasing, is an unreinforced masonry building. Unreinforced masonry buildings have proven to be unsafe in the event of an earthquake. Owners of unreinforced masonry buildings are required to post in a conspicuous place at the entrance of the building, the following statement:

"Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake."

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

A. A URM building not retrofitted in compliance with this chapter is declared a nuisance, presumed to be dangerous, and is to be abated according to Chapter 8.16 (Site Nuisance) of Title 8 (Health and Safety) of the Sierra Madre Municipal Code, and as set forth in the California Building Code Section 116 as the same may be amended from time to time.

B. As used in this subsection, abatement means vacating, securing and bracing the building to minimize its potential for collapse and to protect it from weather and vandalism damage. Abatement by demolition is not an acceptable solution unless the building is declared unsafe through the unsafe building abatement process. When abatement by the city through demolition is necessary, the property will be considered as demolished through the owner's conscious neglect and subject to the penalties of Section 15.04.115(J).

C. The direct cost of abatement plus the administrative costs associated with abatement shall be billed to the property owner. Payment is due in ninety days. If the payment is not made in full within ninety days, the city may recover its costs through a lien on the property. Such lien shall be superior to other liens but is subordinate to taxes and improvement district payments. The city shall also submit notice to the mortgage lender of record.

D. Pursuant to Government Code Section 8875.7, the owner of the URM may also be denied payment from any state assistance program for earthquake repairs resulting from damage during an earthquake until all other applicants have been paid.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

Appeals of the application and administration of this code shall be made to the planning commission and shall follow the procedures and provision of Section 17.66.050. Appeals of the technical retrofitting requirements under the California Building Codes shall be heard according to the appeal provisions of Chapter 15.02 - Administrative Code.

(Ord. No. 1439, § 2(Exh. A), 3-23-21)

The city shall file a copy of the ordinance adopting Chapter 15.44 and all accompanying exhibits with the California Seismic Safety Commission per Government Code Section 8875.2(c).

(Ord. No. 1439, § 2(Exh. A), 3-23-21)