Willits Municipal Code Ch. 15.36 Earthquake Hazard Reduction in Existing Buildings

The provisions of this chapter are in compliance with Government Code Section 8875-8875.5 and are intended to establish minimum standards for structural seismic resistance as provided in the State Historical Building Code (SHBC). While compliance with these standards is intended to improve the performance of potentially hazardous buildings in an earthquake, such compliance will not necessarily prevent the loss of life or injury or prevent earthquake-related damage to rehabilitated buildings. This chapter does not address buildings that contain only nonbearing masonry walls or buildings constructed of nonmasonry materials.

(Ord. 90-2 § 2(part)).

Nothing in this chapter is intended to create liability on the part of the city of Willits, any officer or employee thereof, or the state of California for any earthquake-related damaged suffered by any building whether or not such building complies with the provisions of this chapter.

(Ord. 90-2 § 2(part)).

The provisions herein shall apply to all buildings constructed with unreinforced masonry bearing walls as described in Government Code Section 8875(a).

(Ord. 90-2 § 2(part)).

For the purpose of this chapter the following definitions shall apply:

A. "Owner" means the owner of real property as shown on the last equalized assessment roll maintained by the Mendocino County Assessor

B. "Potentially hazardous building" means any building constructed prior to the adoption by the city of Willits of Uniform Building Code provisions requiring earthquake-resistant design of buildings and constructed of unreinforced masonry bearing walls.

C. "State Historical Building Code" means the State of California Historical Building Code as contained in Title 24, Part 8 of the California Administrative Code.

D. "Unreinforced masonry bearing wall" means a masonry wall having all of the following characteristics:

1. Provides the vertical support for a floor or roof;

2. The total superimposed load is over one hundred pounds per linear foot;

3. The arc of reinforcing steel is less than fifty percent of that required by Section 2403(h) of the Uniform Building Code, 1985 Edition.

(Ord. 90-2 § 2(part)).

The structural provisions of the State Historical Building Code, as it reads on the effective date of the ordinance codified in this chapter and as it is amended from time to time, together with any exclusions and modifications set forth in this chapter, are adopted by reference and shall apply to all potentially hazardous buildings with unreinforced masonry bearing walls. All such buildings must comply with the structural provisions of said code and the recommendations contained in the Earthquake Safety Reports required by Section 15.36.060 of this code in accordance with a compliance schedule that shall be adopted by resolution of the city council. Upon adoption of said resolution, the city shall notify by regular first class mail the owners of all potentially hazardous buildings of the compliance schedule for their buildings.

(Ord. 90-2 § 2(part)).

A. The city of Willits building official or his designate shall systematically compile and maintain a list of all potentially hazardous buildings constructed with unreinforced masonry bearing walls ("potentially hazardous buildings list"). The owners of all buildings placed on the list shall be notified by regular first class mail that their buildings have been included on the list.

Once a building is designated as potentially hazardous and is included on the potentially hazardous buildings list, the building owner or agent thereof shall:

1. File with the city building official a written engineering survey and evaluation ("earthquake safety report") subject to the approval of the building official within a time period not to exceed two years from the date of notification pursuant to this section. The earthquake safety report shall be obtained by the property owner and conducted by a civil or structural engineer or architect licensed by the state of California who is knowledgeable in earthquake resistant design. The earthquake safety report shall make the following determinations:

a. The degree of severity of an earthquake (based on the Richter Scale) that the building could withstand in its existing condition without suffering structural damage,

b. The feasibility of rehabilitating the building to meet, at a minimum, the structural standards of the State Historic Building Code, including a reasonably detailed description of the changes recommended by the engineer or architect to improve the ability of the building to resist damage in an earthquake and, at a minimum, to meet the structural standards of the State Historical Building Code, and

c. The degree of severity of an earthquake (based on the Richter Scale) that the building could withstand after being rehabilitated as recommended in the report without suffering structural damage.

The report must contain sufficient factual detail and engineering analysis to allow independent review and evaluation by a competent professional;

2. Until made to comply with the provisions of the State Historic Building Code adopted in this chapter, post a notice in a conspicuous location in or on the building which is in public view at all times. The notice must state the following in clear bold-faced type easily read by a person with average vision at a distance of ten feet:

This building contains unreinforced masonry walls which help to support this building. These walls do not comply with building code requirements for earthquake resistant design and may be unsafe in a moderate or severe earthquake.

B. If the earthquake safety report concludes that a building is so hazardous that it cannot be feasibly rehabilitated to meet the standards of the State Historic Building Code, abatement proceedings shall be initiated to require demolition of the building as provided in Sections 3300-3310 of the code, and thereafter the building shall be removed from the potentially hazardous building list.

(Ord. 90-2 § 2(part)).

Any owner dissatisfied with a determination under this chapter, including the compliance schedule affecting his or her property or the inclusion of the owner's building on the potentially hazardous buildings list shall have the right to appeal that decision to the city council or, in the city council's discretion, to the board of appeals established under the Uniform Building Code.

A. The owner must file a written notice of appeal with the city clerk within thirty days of the date when the notice of decision appealed from is deposited in the U.S. Mail or personally delivered to the owner.

B. The city council or board of appeals must render its decision within sixty days of the date when the written notice of appeal is filed with the city clerk.

C. The appellant shall have the right to appear personally and be represented at a hearing on the appeal of which the appellant must be given ten days prior written notice. After conducting the hearing, the city council or board shall render a decision in writing which shall be based on the evidence and argument received during the hearing. The decision shall be final for the city and there shall be no right to request reconsideration.

(Ord. 90-2 § 2(part)).

A. Infraction, Continuing Violation. Any person who violates or neglects to comply with any provision of this chapter or any resolution or regulation promulgated pursuant thereto, shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars for a first violation; two hundred dollars for a second violation within one year; and five hundred dollars for each additional violation within one year of committing the first offense.

Failure to file the reports or post the notice required by Section 15.36.060 or to comply with the compliance schedule authorized by Section 15.36.060 shall constitute a separate and distinct offense and violation of this chapter for each day or fraction thereof that such failure or noncompliance continues.

B. Civil Action Authorized. In addition to any other penalties provided by law for violation of this chapter the city attorney is authorized to enforce the provisions of this chapter by civil action, including actions seeking injunctive and declaratory relief and damages.

The city of Willits shall be entitled to recover its reasonable attorneys' and expert witness fees as additional items of cost if it prevails in any action brought pursuant to this section. The city intends that this provision to recover attorneys' fees shall constitute a statute specifically providing for the recovery of attorneys' fees within the meaning of Code of Civil Procedure ("CCP") Section 1021 or any successory provision of the CCP.

(Ord. 90-2 § 2(part)).