Stanton Municipal Code Ch. 16.50 Post-Disaster Recovery and Reconstruction

A. Scope. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the building and safety department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment.

B. Application of Provisions. The provisions of this chapter are applicable to all buildings and structures, of all occupancies, regulated by the city following each natural or man-made disaster.

C. Definitions.

"Building official"

is defined in Section 16.04.020 of the Stanton Municipal Code.

"Safety assessment"

is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster.

D. Placards. The following official placards must be used to designate the condition of buildings or structures following a disaster.

1. (Green) Inspected - Lawful Occupancy Permitted. Posted on any building or structure where no apparent hazard has been found. Placement of this placard does not mean that there is no damage to the building or structure.

2. (Yellow) Restricted or Limited Entry. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy. The building official who posts this placard will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy.

3. (Red) Unsafe – Do Not Enter or Occupy. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the building official. Safety assessment teams are authorized to enter these buildings at any time. This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered.

4. Securing of Unsafe Buildings or Structures. Buildings or structures that have been determined by the building official to pose a threat to life safety or to be unsafe due to damage may be required by the building official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction or demolition. The fencing or security measures may not be removed without authorization from the building official.

5. Removal of Placards. Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the building official.

E. Violation. Any violation of Section 16.50.010 of this code is a misdemeanor and will be subject to punishment according to the provisions of Section 1.10.010.

(Ord. 1061 § 15, 2016)

A. Intent. This chapter establishes abatement criteria for all buildings and structures damaged as a result of a disaster for which a local emergency has been declared.

B. Application of Provisions. The provisions of this chapter are applicable to all buildings and structures regulated by the city.

C. Definitions. For the purpose of the chapter, the following definitions apply:

"Event"

means any occurrence which results in the declaration of a disaster, including, but not limited to, fires, landslides, wind storms, earthquakes, and floods.

"Historic building or structure"

means any building or structure registered with a federal, state, county, or city government, or the register of points of interest. Historic buildings and structures also include those buildings and structures within a recognized historic district.

"State historic preservation officer (SHPO)"

is the person appointed by the Governor, pursuant to Section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.

D. Abatement Criteria.

1. Notice of Determination. Except as provided in subsection (D)(2), the building official must serve a written notice of determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such notice of determination must be delivered by hand-delivery, telephone, telegram, facsimile or other reasonable means, and must clearly indicate that the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the building official, make the structure an imminent hazard and dangerous, and must also include a directive from the building official of the specific action or actions to be taken by the property owner. The notice must specify that within forty-eight hours from the time of issuance of the notice of determination, the owner or other party of record with an equitable or legal interest in the property must abate the nuisance in accordance with the directives written in the notice of determination by the building official.

2. Notice of Determination Exception. No prior notice is required, when the building official, after considering all the facts, determines, in writing, that the structure is an imminent hazard and dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases where time and circumstances do not permit the city to give the owner notice prior to abatement, the building official may cause the nuisance to be summarily abated.

3. Appeal of Notice of Determination. A notice of determination delivered by the building official, that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the building official within forty-eight hours of delivery of such notice of determination by the building official. Such appeal must be accompanied by a written hazard abatement plan signed by a state of California licensed engineer or architect or by a written report by a state of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not be done at this time. If the building official accepts the proposed hazard abatement plan in lieu of the notice of determination, the hazard abatement plan must be implemented within twenty-four hours of acceptance by the building official. If the building official accepts an engineer's report and agrees there is no imminent hazard, the building official must rescind, in writing, the notice of determination.

Should the building official disagree with the hazard abatement plan, or should the building official disagree with the engineer's or architect's report, a hearing must be conducted by the board of appeals, as soon as a quorum can be assembled.

4. Board of Appeals Hearing. At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the city. All witnesses must be sworn.

A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, 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 board of appeals must act to either uphold, overrule, or modify the determination and order of the building official. The determination and order of the building official will be upheld, unless the board of appeals finds, based upon the evidence in the record, that the building official erred in determining that the structure is an imminent hazard and dangerous. The decision of the board of appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within twenty-four hours of the time the oral decision is rendered.

If the board of appeals upholds the decision of the building official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the building official's determination and order will be vacated. The decision of the board of appeals will be final on the date it is rendered.

5. Hazard Abatement Plan. If a hazard abatement plan is approved by the building official, the owner or other interested party of record must execute such plan within twenty-four hours of obtaining approval of the plan from the building official. Within twenty-four hours of completion of the abatement work the owner or other interested party of record must provide the building official with a written certification that the public nuisance, as described in the building official's notice of determination, has been abated.

If the work performed pursuant to the hazard abatement plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the building official. The damage assessment report must be reviewed and approved by the building official prior to proceeding with permanent repairs.

6. Failure to Perform. In those instances where the property owner or other interested party of record either does not respond to the building official's notice of determination or approved hazard abatement plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the building official.

7. Public Nuisance. All structures or portions of such structures which, after inspection by the building official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Sections 43.2.4.4 and 43.2.4.5.

8. Suspension of Abatement of Work. Notwithstanding any code provisions to the contrary, the building official is authorized to suspend abatement work, and to allow the property owner or other party of legal interest to complete the abatement work.

9. Change of Status. When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous. However, if the abatement work is temporary in nature, as determined by the building official, the structure will remain subject to the provisions of this section.

10. Demolition Permit. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.

E. Hazard Abatement of Historic Buildings or Structures.

1. Notification of Imminent Hazard. Within ten days after the event, the building official must notify the State Historic Preservation Officer that one of the following actions will be taken regarding any historic building or structure determined by the building official to represent an imminent hazard to the health or safety of the public, or to pose an imminent threat to the public right-of-way:

a. Bracing or Shoring. Whenever possible, as determined by the building official, the building or structure may be braced or shored in such a manner as to mitigate the hazard to public health or safety or the hazard to the public right-of-way.

b. Condemnation. Whenever bracing or shoring is determined to be an unreasonable alternative, the building official may cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition may be performed in the interest of public health or safety without a condemnation hearing as required by the Uniform Code for the Abatement of Dangerous Buildings.

2. Condemnation Proceedings. If, ten days after the event and less than thirty days after the event, an historic building or structure is determined by the building official to represent a hazard to the health or safety of the public or to pose a threat to the public right-of-way, the building official may initiate condemnation proceedings in accordance with the Uniform Code for the Abatement of Dangerous Buildings. The building official may also notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended, of its intent to hold a condemnation hearing.

3. Request to Demolish. If the building official and the owner of any historic building or structure agree that such a building or structure should be demolished, the building official must submit a request to demolish to the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1986, as amended. Such request must include all substantiating data.

(Ord. 1061 § 15, 2016)

A. Intent. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.

B. Application of Provisions.

1. Declaration of Emergency. The provisions of this chapter are applicable to all buildings and structures regulated by the city following each disaster after a local emergency has been declared.

2. Waiver for Engineering Evaluation. The requirements of this chapter may be waived by the building official subject to an engineering evaluation as defined in subsection (C)(4).

C. Definitions. For the purpose of this section, the following definitions apply:

"Architect"

is a person licensed by the state of California to practice architecture, as prescribed by the state of California Business and Professions Code.

"Civil engineer"

is a person registered by the State of California to practice Civil Engineering, as prescribed by the state of California Business and Professions Code.

"Current code"

means those codes adopted by the city pursuant to California Health and Safety Code Section 18941.5.

"Engineering evaluation"

is 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. Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect's stamp, wet-signature, and license expiration date.

"Essential service facility"

means those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster.

"Replacement value"

is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site.

"Structural engineer"

is a person registered by the state of California to practice civil engineering and to use the title, structural engineer, as defined in Section 5537.1 of the state of California Business and Professions Code.

"Value of repair"

is the dollar value, as determined by the building official, for making necessary repairs to the damaged structure.

D. Repair Criteria.

1. General. Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:

a. Up to Ten Percent Repair Value. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code.

b. Up to Fifty Percent Repair Value. 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 must be repaired and brought into conformance with the structural requirements of the current code.

c. More than Fifty Percent Repair Value. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.

2. Chimney Value Exclusion. 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 must be repaired in accordance with subsection E.

E. Repair Criteria for Fireplaces and Chimneys. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the CBC. Damaged portions of chimneys must be removed in accordance with the following criteria:

1. Damage Above the Roof Line. 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 must be braced to the roof structure using an approved method.

2. Single-Story Structure Damage Below the Roof Line. For a single-story structure in which 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 must be removed to the top of the firebox.

3. Multi-Story Structure Damage Below the Roof Line. For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found.

4. Firebox Damage. In any structure where the firebox has been damaged, the entire chimney and firebox must 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 must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the CBC Code.

5. Engineered Alternate Solutions. Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the CBC, alternate systems may be used in accordance with the alternate methods and materials provisions of the CBC when approved by the building official.

6. Bracing. 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 must be braced to the roof structure using an approved method.

F. Repair Criteria for Historic Buildings or Structures.

1. Engineering Evaluation Required. Buildings or structures which are included on a national, state, or local register for historic places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, must have an engineering evaluation performed.

2. Minimum Repair Criteria. The minimum criteria for repair are included in subsection D, Repair Criteria, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations, also apply.

G. Repair Criteria for Unreinforced Masonry Buildings and Structures. All damaged buildings determined to be bearing wall buildings constructed of unreinforced masonry must be repaired and strengthened to fully comply with the requirements of Section 16.04.375.

(Ord. 1061 § 15, 2016)