Editor's Note: For statutory provisions authorizing cities to
adopt Codes by reference, see Gov. Code § 50022.1 et seq.;
for State law adopting Building Codes and other Codes to apply as
housing construction regulations, see Health and Safety Code, § 17922.
Editor's Note: Ord. No. 2339 repealed certain sections of Chapter
14 and renamed the chapter from Building and Housing to Remedial Residential
Regulations, Unreinforced Masonry Walls, and Flood Plain Management.
See also Chapter 15, Construction Codes.
[1]
Editor's Note: Ordinance No. 1956 repealed and replaced subsections
14-1.1 through 14-1.9 and 14-1.35. Prior ordinance history for these
subsections include portions of Ordinance Nos. 856, 909, 1169, 1261,
1310, 1316, 1354, 1394, 1412, 1529, 1605, 1803, 1820, 1898.
Editor's Note: Ord. No. 2339 repealed Subsection 14-1.1 Adoption
of the California Building Code. Prior history includes Ord. #1956;
Ord. #2012; and Ord. #2066.
[Ord. #1956, § 1; Ord. #2224, § 1; amended 10-26-2021 by Ord. No.
2339]
Wherever the term Building Official is used in this Code, it
shall mean the Chief Building Official, who is charged with the administration
and enforcement of its provisions. In the absence of the Chief Building
Official, the Senior Building Inspector will assume the administration
and enforcement duties of the Chief Building Official during such
absence.
Editor's Note: Ord. No. 2339 repealed Subsections 14-1.3 through
14-1.19 which included amendments to the Building Code and certain
appendices. Prior history includes Ord. #1956; Ord. #1991; Ord. #2012;
Ord. #2066; Ord. #2224; and Ord. #2295.
[Added by Ord. #1331, § 8111]
When any unoccupied building or structure is not properly secured,
locked or closed; and is accessible to juveniles, transients and undesirables,
and is a health, fire or safety hazard to the adjacent community;
and the Building Official so finds, he shall serve the record owner
and, if not the owner, the person having control of such building
or structure, with notice to secure or close the building forthwith
so as to prevent unauthorized persons from gaining access thereto.
[Added by Ord. #1433, § 8111.1]
Building materials affixed, attached or annexed to an unoccupied
boarded-up or abandoned structure shall be by a method and materials
approved by the Building Department. Such materials shall be 3/8 inch
plywood, finished on the outer surface with an outdoor grade paint,
and affixed, attached or annexed in a work manlike manner. Materials
and methods equivalent to or exceeding the aforementioned may be approved
by the Building Official.
[Added by Ord. #1331, § 8112; Ord. #1433]
The notice provided for in subsection 14-1.20 of this section shall give notice to the record owner, or, if the owner is not available or amenable to notice, to the person having the control of such building or structure, that:
a.
He shall forthwith secure or close such building or structure so
as to prevent unauthorized persons from gaining access thereto. The
method used to secure or close such a building or structure and the
materials used therefor shall be approved by the Building Official
and shall be finished on the outer surface in a workmanlike manner.
b.
If, in the opinion of the owner or person having the control of such
building or structure, the building or structure is sufficiently secure
and closed, the methods or materials required by the Building Official
are not in accordance with the law, or for any other reason the owner
or person having control cannot lawfully be required to comply with
the provisions of paragraph a above within 10 days after the receipt
of the notice, he may request a hearing by filing with the Building
Official a written demand for such hearing.
c.
If the required work is not performed within 10 days after the service
of the notice, and if a timely demand for a hearing is not made, the
City may perform the work at the expense of the owner.
[Added by Ord. #1331, § 8113]
The Building Official may, but shall not be required to, send copies of any notice provided for in subsection 14-1.20 of this section to the holder of any mortgage, trust deed, or other lien or encumbrance, the holder or owner of any lease, or the holder of any other estate or interest in or to the building or structure or the land upon which it is located.
[Added by Ord. #1331, § 8114]
A copy of the notice shall be posted in a conspicuous place
on the building or structure which is the subject of the notice. Further,
the Building Official may cause to be posted on such building a sign
or signs to read: "Vacated Building, Do Not Enter or Damage, by Order
of the Department of Building and Safety, Building Official, City
of Compton, California."
Such sign may contain additional information and warnings as,
in the opinion of the Building Official, are expedient. Such notice
shall remain posted until the building again is lawfully occupied.
No person shall remove such notice without the written permission
of the Building Official. No person, other than a person having the
right of occupancy, shall enter the building.
[Added by Ord. #1331, § 8115]
Proper service of any notice required by subsections 14-1.20 through 14-1.34 of this section shall be by personal service or by certified mail upon the record owner and, if not the owner, the person having the control of such building or structure.
In the event the Building Official is unable to serve any notice
on any such person, proper service on such person shall be by posting
the notice in a conspicuous place on the building or structure.
[Added by Ord. #1331, § 8116]
Within 10 days after the service upon the record owner of a notice pursuant to the provisions of subsection 14-1.20 of this section, the record owner or any other person deeming himself aggrieved may request a hearing.
[Added by Ord. #1331, § 8117; amended by Ord. #2224,
§ 3]
Upon receiving a request for a hearing, the Building Official shall set the matter for a hearing before the Board or Hearing Officer and shall serve a notice, not less than 10 days prior thereto, upon the person requesting such hearing and upon every person upon whom the notice provided for in subsection 14-1.20 of this section was served.
[Added by Ord. #1331, § 8118; amended by Ord. #2224,
§ 4]
[Added by Ord. #1331, § 8119; amended by Ord. #2224,
§ 5]
If a person is properly served a notice pursuant to the provisions of subsection 14-1.20 to secure or close a building so as to prevent unauthorized persons from gaining access thereto and neither he nor any other person requests a hearing, or after a hearing the Board or Hearing Officer determines that such person is obliged to so secure or close such building, the City may perform the work as provided for in this section in the case of a substandard or unsafe building if such building is not secured or closed within 10 days after service of the notice if no hearing is requested, or within the time specified by the Board or Hearing Officer.
[Added by Ord. #1331, § 8120]
The Building Official may proceed to secure or close any building or structure subject to the provisions of subsection 14-1.29 of this section so as to prevent unauthorized persons from gaining access thereto by either using available City forces, or by contract with qualified contractors, or by any method he deems proper. The Building Official shall keep an accurate record of the costs of such work.
[Added by Ord. #1331, § 8121]
[Added by Ord. #1331, § 8122; amended by Ord. #1874,
§ 1]
[Added by Ord. #1331, § 8123; amended by Ord. #1874,
§ 2]
Whenever the conditions described in subsection 14-20 or subsection 14-3.2 of this Code constitute such an immediate hazard that the building or structure must be demolished, secured or closed forthwith or within less time than the designated period, either the Health Department, Chief of Police, or the Fire Department so finds and so notifies the Building Official, he shall cause the immediate abatement of the substandard building or structure by demolition, securing or closing.
Notice shall be given to the record owner or the person in charge
or both as the circumstances will permit or without any notice whatever,
when in the opinion of the building Official immediate action is necessary
in order to protect the general welfare and safety of the public.
[Added by Ord. #1331, § 8124]
The provisions of subsections 14-1.20 through 14-1.34 of this section providing for hearings shall apply to any person having any right, title, or interest in any building secured pursuant to the provisions of subsection 14-1.33 of this section. Such person may request a hearing as to the necessity and reasonable cost of the work performed by order of the Building Official within 10 days after the building is secured or within 10 days after receiving a notice of such work.
[Added by Ord. #1422, § 8126; Ord. #1434]
The intent of the Council is to assure that the grantee of a
residential building within the City is furnished a report of matters
of City record pertaining to the authorized use, occupancy, and zoning
classification of real property prior to its sale or exchange. It
is the further intent of the Council to protect the unwary buyer of
residential property against undisclosed Municipal Code and Building
Code violations on the property and that the buyer be furnished a
report of all existing Code violations.
[Added by Ord. #1422, § 8127; Ord. #1434]
As used in this section:
Shall mean any agreement or written instrument which provides
that title to any property shall thereafter be transferred from one
owner to another owner.
Shall mean any person, copartnership, association, corporation,
or fiduciary who agrees to transfer anything of value in consideration
for property described in an agreement of sale, as defined in this
subsection.
Shall mean the transfer of the title of real property or
an agreement to transfer real property in consideration for cash or
for something other than all cash.
Shall mean any person, copartnership, association, corporation,
or fiduciary having a legal or equitable title or any interest in
any real property.
Shall mean any improved real property, designed or permitted
to be used for dwelling purposes, situated in the City and shall include
the building or structures located on such improved property.
[Added by Ord. #1422, § 8128; Ord. #1434; Ord.
#1527]
Prior to entering into an agreement of sale or exchange of any
residential building, the owner or his authorized representative shall
apply for, from the Department of Building and Safety, a report of
Building Code violations, if any, in that building and of the residential
building records showing the regularly authorized use, occupancy,
and zoning classification of such property. Such report shall be valid
for a period not to exceed six months after the date of issue. If
the provisions of this section would require that an application be
made on a holiday, the application shall be made on the next City
business day.
[Added by Ord. #1527, § 8128.1; Ord. #1800, § 1;
Ord. #1817, § 2; Ord. #1902, § 1; Ord. #2295 § 7]
Fees for the investigation and inspection services required by the provisions of subsection 14-2.3 of this section shall be collected by the Department of Building and Safety. Such fees shall be established by ordinance or resolution of the City Council.
[Added by Ord. #1527, § 8128.2]
The Chief Building Inspector may waive the fee and inspection
on real estate inherited or transferred as a result of divorce or
order of the court. Parties seeking waivers of fees shall submit documentation
to support their requests.
[Added by Ord. #1422, § 8129; Ord. #1434]
Upon the application of the owner or his authorized agent, the
Building Official shall schedule an inspection of such property for
compliance with the Building Code, shall review pertinent City records,
and shall deliver to the applicant a report which shall contain the
following information insofar as it is available:
a.
The street address and legal description of the subject property;
b.
The zone classification and authorized use as set forth in this Code;
c.
The occupancy as indicated and established by permits of record;
d.
Any variances, conditional use permits, exceptions, or other pertinent
legislative acts of record;
e.
Any special restrictions in use or development which may apply to
the subject property;
f.
The nature, extent, and date of the inspection made pursuant to the
provisions of this section by the Building Department; and
g.
The Code violations, if any, observed by the Inspector at the time
of the inspection.
[Added by Ord. #1422, § 8130; Ord. #1434]
The report of the residential building record shall be delivered
by the owner, or the authorized designated representative of the owner,
to the buyer or transferee of the residential building prior to the
execution of an escrow agreement or of any document of title pertaining
to the property and prior to the transfer of any consideration of
money, or the like, under any agreement of sale, sale, or exchange
of any residential building. The buyer or transferee shall execute
a receipt therefor as furnished by the City, and such receipt shall
be delivered to the Building Department by the owner or authorized
designated representative as evidence of compliance with the provisions
of this section.
The Building Official may, in lieu of such completed receipt,
accept a declaration or statement under oath of the owner or the authorized
representative that the individual making the declaration or statement
under oath personally delivered the report to the buyer or transferee.
In such cases the Building Official shall enter his decision to waive
the completion of the receipt by the buyer or transferee on the receipt
and file it in the same manner and to the same effect as if the buyer
or transferee had signed the receipt.
[Added by Ord. #1422, § 8131; Ord. #1434]
The provisions of this section shall not apply to the first
sale of a residential building located in a subdivision whose final
map has been approved and recorded in accordance with the Subdivision
Map Act not more than two years prior to the first sale.
[Added by Ord. #1422, § 8132; Ord. #1434]
The failure of any person to comply with the provisions of this
section shall not in and of itself invalidate any agreement for the
sale or exchange of residential property.
[Added by Ord. #1422, § 8133; Ord. #1434]
[Added by Ord. #1450, § 8134]
It is the purpose of the provisions of this section to provide
a just, equitable, and practicable method, to be cumulative with and
in addition to any other remedy available at law, whereby buildings
or structures which are dilapidated, unsafe, dangerous, unsanitary,
or are a menace to the life, limb, health, morals, property, safety,
and general welfare of the people of the City, or which tend to constitute
a fire hazard, may be required to be repaired, vacated, or demolished.
[Added by Ord. #1450, § 8135; amended 10-26-2021 by Ord. No.
2339]
a.
Dangerous Buildings. For the purposes of this section, any building
or structure which has any or all of the following defects shall be
deemed a dangerous building:
1.
Whenever any door, aisle, passageway, stairway, or other means of
exit is not of sufficient width or size, or is not so arranged as
to provide safe and adequate means of exit, in case of fire or panic,
for all persons housed or assembled therein who would be required
to, or might, use such door, aisle, passageway, stairway, or other
means of exit;
2.
Whenever the stress in any materials or member, or portion thereof,
due to all dead and live loads, is more than 1 1/2 times the
working stress or stresses allowed in the California Building Code
;
3.
Whenever any portion thereof has been damaged by earthquake, wind,
flood, or by any other cause in such a manner that the structural
strength or stability thereof is appreciably less than it was before
such catastrophe and is less than the minimum requirements of this
Code for a new building or similar structure, purpose, or location;
4.
Whenever any portion or member or appurtenance thereof is likely
to fall, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property;
5.
Whenever any portion of a building, or any member, appurtenance,
or ornamentation on the exterior thereof, is not of sufficient strength
or stability or is not so anchored, attached, or fastened in place
so as to be capable of resisting a wind pressure of 1/2 that specified
by the California Building Code, without exceeding the working stresses
permitted in the California Building Code;
6.
Whenever any portion thereof has settled to such an extent that walls
or other structural portions have materially less resistance to winds
or earthquakes than is required in the case of new construction;
7.
Whenever the building or structure, or any portion thereof, because
of dilapidation, deterioration, decay, or faulty construction, or
because of the removal or movement of some portion of the ground necessary
for the purpose of supporting such building or portion thereof, or
because of some other cause is likely to partially or completely collapse,
or some portion of the foundation or underpinning is likely to fall
or give way;
8.
Whenever for any reason whatsoever the building or structure, or
any portion thereof, is manifestly unsafe for the purpose for which
it is used;
9.
Whenever the exterior walls or other vertical structural members
list, lean, or buckle to such an extent that a plumb line passing
through the center of gravity does not fall inside the middle 1/3
of the base;
10.
Whenever the building or structure, exclusive of the foundation,
shows 33% or more of damage or deterioration to the member or members,
or 50% of damage or deterioration of a nonsupporting enclosing or
outside wall or covering;
11.
Whenever the building or structure has been so damaged by fire, wind,
earthquake, or flood, or has become so dilapidated or deteriorated
as to become an attractive nuisance to children who might play therein
to their danger, or as to afford a harbor for vagrants, criminals,
or immoral persons, or as to enable persons to resort thereto for
the purpose of committing nuisances or unlawful or immoral acts;
12.
Any building or structure which has been constructed, or which now
exists or is maintained, in violation of any specific requirement
or prohibitions applicable to such building or structure of the building
regulations of the City as set forth in this section, or of any provisions
of the Fire Code of the City or this Code relating to the prevention
of fire when so determined and reported by the Fire Chief or Fire
Department, or of any County Health Code provision relating to the
protection of health when so determined and reported by the Health
Officer, or of any law of the State or City relating to the condition,
location, or structure of buildings;
13.
Any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any nonsupporting
part, member, or portion less than 50%, or in any supporting member
less than 66% of the strength, fire resisting qualities, or characteristics
or weather-resisting qualities or characteristics required by law
or ordinance in the case of a newly-constructed building of like area,
height, and occupancy in the same location;
14.
Whenever a building or structure used or intended to be used for
dwelling purposes, because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise, is unsanitary or unfit
for human habitation or is in a condition that is likely to cause
sickness or disease, when so determined by the Health Officer, or
likely to work injury to the health, safety, or general welfare of
those living within;
15.
Whenever a building or structure used or intended to be used for
dwelling purposes has light, air, and sanitation facilities inadequate
to protect the health, safety, or general welfare of persons living
within;
16.
Whenever any building or structure, by reason of obsolescence, dilapidated
condition, deterioration, damages, electric wiring, gas connections,
heating apparatus, or other cause, is in such condition as to be a
fire hazard and is so situated as to endanger life or other buildings
or property in the vicinity or to provide a ready fuel supply to augment
the spread and intensity of the fire arising from any cause; and
17.
Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or
whenever any building or structure is abandoned and vandalized, damaged
and/or left unsecured for a period in excess of six months so as to
constitute such buildings, or portion thereof, an attractive nuisance
or hazard to the public.
b.
Substandard Residential Buildings. For the purposes of this section,
any residential building or structure defined by the California Building
Code Volume III (Housing Code) shall be deemed a substandard residential
building.
[Added by Ord. #1450, § 8135.1; amended by Ord.
#2224, § 6]
As used in this section:
Unless otherwise specified, shall mean the Housing Advisory
and Appeals Board. (HAAB).
Unless otherwise specified, shall mean and include the Chief
Building Inspector or his duly authorized representative.
Unless otherwise specified, shall mean the Department of
Building and Safety.
Unless otherwise specified, shall mean a person who is appointed
by the City Manager to perform the duties of the Board, provided that
the Board is unable to constitute a quorum.
[Added by Ord. #1450, § 8135.2]
[Added by Ord. #1450, § 8136]
The Department of Building and Safety shall cause any building
or structure to be inspected for the purpose of determining whether
or not it is a dangerous building or substandard residential building
in any of the following events:
a.
Whenever the Department, in its reasonable discretion, shall determine
that such inspection is necessary;
b.
Whenever the Housing Authority, acting pursuant to the provisions
of the Housing Authorities Law of the State, shall transmit to the
Department its written recommendations and findings that a building
or structure is in such condition as to be dangerous to the public
health, morals, safety, or welfare;
c.
Whenever any person files with the Department a verified complaint
wherefrom there is, in the opinion of the Department, probable cause
to believe that a building or structure is a dangerous building or
substandard residential building; and
d.
Whenever any member of the Fire Department, Police Department, or
County Health Department transmits to the Department a written report
from the facts of which there is, in the opinion of the Department,
probable cause to believe that a building or structure is a dangerous
building or substandard residential building.
[Added by Ord. #1450, § 8137]
Upon the completion of the inspection, a written report shall
be filed setting forth the facts as to the condition of the building
or structure and the work needed to be done thereon.
[Added by Ord. #1450, § 8138; amended by Ord. #2224,
§ 7]
If the Building Official shall determine from the report that there is a probable cause to believe that the building or structure is a dangerous building or substandard residential building, he or she may request that the matter be set for hearing by the Board or Hearing Officer and a notice of such hearing shall be given as set forth in subsections 14-3.8 through 14-3.13 of this section.
[Added by Ord. #1450, § 8139]
Notice of the hearing shall be given upon a form prescribed by the Building Official. The notice shall set forth the street address and a legal description, sufficient for identification, of the premises upon which the building or structure is located. The notice shall contain a brief statement of the conditions which show probable cause to believe that the building or structure is a nuisance within the terms of subsection 14-3.2 of this section. The notice shall state the date, hour, and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear and to show cause why the building or structure should not be repaired, vacated, and repaired, or demolished.
[Added by Ord. #1450, § 8140]
One copy of the notice shall be posted in a conspicuous place
upon the building or structure involved.
[Added by Ord. #1450, § 8141]
One copy of the notice shall be served upon the following: the
person, if any, in real or apparent charge and control of the premises
involved; the record owner; the holder of any mortgage, trust, deed,
or other lien or encumbrance of record; the owner or holder of any
lease of record; and the record holder of any other estate or interest
in or to the building or structure or the land upon which it is located.
[Added by Ord. #1450, § 8141.1]
A transfer of title after a dangerous or substandard residential
building has been recorded or the building or structure has been posted
shall serve as a notice to all persons of the intent of the City,
and it shall be the duty of the person or interested party to investigate
action in progress by the City.
[Added by Ord. #1450, § 8142]
a.
Method of Service. The notice of hearing shall be served upon all
persons entitled thereto either personally or by certified or registered
mail. Service by certified or registered mail shall be effective on
the date of the mailing if a certified or registered letter containing
a copy of such notice is mailed, postage prepaid, return receipt requested,
to each such person at the address of such person as it appears on
the last equalized assessment roll of the County or as known to the
City Clerk. If no such address so appears or is known to the City
Clerk, then a copy shall be addressed to such person at the address
of the building or structure involved in the proceedings. The failure
of any owner or other person to receive such notice shall not affect
in any manner the validity of any proceedings taken hereunder.
b.
Affidavit of Service. The officer or employer of the department,
upon giving notice as provided herein, shall file an affidavit thereof
certifying to the time and manner in which such notice was given.
He shall also file therewith any receipt card which may have been
returned to him in acknowledgement of the receipt of such notice by
certified or registered mail.
[Added by Ord. #1450, § 8143]
The notice of hearing shall be posted and served at least 10
days prior to the date set for the hearing.
[Added by Ord. #1450, § 8144; Ord. #2224, § 8]
The Board or a duly appointed Hearing Officer appointed or designated
by the City Manager shall:
a.
Hold a hearing as requested by the Building Official and hear and
consider any evidence pertaining to the matter set forth in the report
offered by the owner, occupant, or person in charge and control, mortgagee
or beneficiary under any deed of trust, lessee, or any other person
having any estate or interest in such building or structure; and
b.
Make written findings of fact as to whether or not the building or
structure in question is a dangerous building or substandard residential
building within the terms of this section.
[Added by Ord. #1450, § 8145; Ord. #2224, § 9]
A record of the entire proceedings shall be made by tape recording
or any other means of permanent recording determined to be appropriate
by the Board or Hearing Officer.
[Added by Ord. #1450, § 8146]
The following standards shall be allowed in substance in ordering
the repair, vacation, or demolition of any building or structure.
Any order to demolish rendered pursuant to the provisions of this
subsection shall not indicate an alternative permission to repair;
however, an order to repair may be satisfied by demolition:
a.
If the dangerous building or substandard residential building can
be reasonably repaired so that it will no longer exist in violation
of the provisions of this Code, the building shall be ordered to be
repaired.
b.
If the dangerous building or substandard residential building is
in such condition as to make it dangerous to the health, morals, safety,
or general welfare of its occupants, the building shall be ordered
to be vacated.
c.
If any case where a dangerous building is 50% damaged, decayed, or
deteriorated, the building shall be ordered to be demolished.
d.
In all cases where a dangerous building or substandard residential
building cannot be reasonably repaired so that it will no longer exist
in violation of the terms of this Code, the building shall be ordered
to be vacated and demolished.
e.
In all cases where a dangerous building or substandard residential
building is a fire hazard existing or erected in violation of the
terms of this section or any law of the City or statute of the State,
the building shall be ordered to be demolished.
[Added by Ord. #1450, § 8147; amended by Ord. #2224,
§ 10]
a.
In the course of any proceedings taken hereunder, whenever either
the Hearing Officer, or Building Official shall have cause to require
additional evidence as to whether or not any building or structure
is a fire or life hazard, or is detrimental to the health of the persons
living therein, in comparison with buildings or structures constructed
in accordance with the minimum requirements of this Code, the Board,
Hearing Officer, or Building Official may request that such building
or structure be inspected by the Fire Department or by the County
Health Department, as the case may be, or by both such departments.
b.
The department to which such request is directed shall cause the
building or structure to be inspected with particular reference to
the characteristics inquired about and a report thereof in writing
shall be transmitted to the requesting authority within five days
after the receipt of the request for such report. The report shall
be considered along with other evidence at the hearing.
[Added by Ord. #1450, § 8148; amended by Ord. #2224,
§ 11]
Within 60 days after the conclusion of the hearing, the Board
or Hearing Officer shall submit its finding and recommendations to
the Building Official.
[Added by Ord. #1450, § 8149; amended by Ord. #2224,
§ 12]
If, from the findings and recommendations of the Board or Hearing
Officer and the report of inspection, the Building Official shall
determine that the building or structure involved is a dangerous building
or substandard residential building within the terms of this section,
then he or she shall issue an order:
a.
That the occupant, lessee, or other person in possession shall vacate
such building, or that he or she may remain in possession while repairs
are being made; or
b.
That any mortgagee, beneficiary under a deed of trust, or any other
person having an interest or estate in such building may, at his own
risk, repair, vacate and repair, or demolish such building.
[Added by Ord. #1450, § 8150; amended by Ord. #2224,
§ 13]
a.
The order to repair, vacate and repair, or demolish shall set forth
the street address of the building or structure and a legal description
of the premises sufficient for identification. Such order shall contain
a statement of the particulars which render the building or structure
a dangerous building or substandard residential building and a statement
of the things required to be done.
b.
Such order shall specify the time within which the work required
shall be commenced, which shall be not less than 10 days nor later
than 30 days after the issuance of the order, and shall further specify
a reasonable time within which the work shall be completed.
c.
Notwithstanding the provisions of paragraphs a and b above, upon a written application by an interested party for good cause shown and where no imminent risk to life or property is present, the Building Official, the Board, or Hearing Officer (in case an appeal is made to it pursuant to the provisions of subsection 14-3.22 of this section) may grant a reasonable extension of time, not to exceed 120 days, within which the work required shall be commenced.
[Added by Ord. #1450, § 8151]
A copy of the order to repair, vacate and repair, or demolish
any structure shall be posted in a conspicuous place upon the building
and shall be served, in the manner prescribed in the case of the notice
of hearing, upon all persons to whom the notice of hearing is required
to be served.
[Added by Ord. #1450, § 8151.1; amended by Ord.
#2224, § 14]
Within 10 days after the service of the order, as provided in subsection 14-3.21 of this section, the owner or other person having the charge and control of any building or structure affected by such order may appeal said order in accordance with such procedure as may be established by the respective Board or Hearing Officer. If such an order is not appealed, it shall become final and unappealable on the eleventh 11th day after service.
Upon such appeal, the Board or Hearing Officer may affirm, modify,
or annul the order appealed from, including any of the terms or conditions
thereof. The order on appeal shall become final upon its approval
by a Board resolution or written order by the Hearing Officer.
No order to repair, vacate and repair, or demolish any structure
shall be enforced if annulled by the Board or Hearing Officer on appeal
or enforced contrary to any modification of such order made by the
Board or Hearing Officer on appeal. The Building Official shall order
a public hearing by the Housing Advisory and Appeals Board or Hearing
Officer, or the City Council to adopt a resolution.
[Added by Ord. #1450, § 8152; amended by Ord. #2224,
§ 15]
a.
The owner or other person having the charge and control of any building
or structure determined by the Department, or by the Board or Hearing
Officer upon appeal, to be a dangerous building or substandard residential
building who shall fail to comply with any order to repair, vacate
and repair, or demolish such building shall be guilty of a misdemeanor.
b.
The occupant or lessee in possession of such building or structure
who fails to comply with any order to vacate such building in accordance
with any order given as provided for in this section shall be guilty
of a misdemeanor.
c.
Any person who removes any notice or order posted as required in
this section shall be guilty of a misdemeanor.
d.
No utility company or supplier shall service the owner or occupants
of any apartment, dwelling, building, or structure which is posted
until notified by the Building Official.
[Added by Ord. #1450, § 8153; amended by Ord. #2224,
§ 16]
Whenever an order to repair, vacate and repair, or demolish
any building or structure has not been complied with within the time
set by the Department, including such additional time as the Department
(or the Board or Hearing Officer upon appeal) may for good cause have
extended, the Department shall have the power, in addition to any
other remedy provided, to:
a.
Cause the material of any such building or structure to be sold in
any manner which the Department may determine; provided, however,
any such sale shall be upon the condition that the building or structure
be forthwith demolished, the wreckage and debris thereof be removed,
and the lot be cleaned. The Department may sell any such building
singly or otherwise, as the Department may find desirable, in order
to insure that the consideration obtained from one or any number of
such buildings shall be adequate to pay the costs of demolition and
of cleaning the sites. Any surplus from the sale of any such building
or structure, or group or buildings or structures, over and above
the costs of demolition and of cleaning the sites, shall be retained
to be distributed to the parties or persons lawfully entitled thereto;
or
b.
Cause the building or structure to be repaired or demolished by such
means as the Department may deem advisable. The costs therefor shall
be paid from the Repair and Demolition Fund and assessed against the
property upon which the particular building or structure is located.
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Any work to be accomplished pursuant to the provisions of this
subsection shall be performed in accordance with established practices
of City procedures.
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When the Department determines to cause the repair or removal
of the building or structure, the Department shall notify the owner
or other person in charge or control thereof its intention so to do
and shall specify a date certain upon which it shall solicit bids
to accomplish the necessary work, which date shall be not sooner than
10 days after the date such notice is given.
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[Added by Ord. #1450, § 8153.1]
a.
Whenever the Department has undertaken action to sell, repair, or demolish any building or structure pursuant to the provisions of subsection 14-3.24 of this section following the failure of the owner or other interested party to comply with an order thereof, and has caused the solicitation of bids to accomplish such work, the owner or other persons having the charge or control of such building or structure shall be deemed to have forfeited all further rights and privileges to do such work and shall be thereafter prohibited from doing any such work on such building or structure, except as the Department may otherwise allow.
b.
In the event the owner or other persons having the charge or control
of the building or structure proceed to perform the work of repairing
or demolishing a building or structure without a permit and in violation
of the provisions of paragraph a above, the Department shall charge
the person who caused such work to be performed the sum of $50 as
partial reimbursement to the City for those expenses incurred in the
preparation of the bid and administering the invitation to bid.
[Added by Ord. #1450, § 8154]
a.
The Council shall establish a special revolving fund to be designated
as the Repair and Demolition Fund. Payments shall be made out of said
fund upon the demand of the Building Official to defray the costs
and expenses which may be incurred by the Department in causing the
necessary work of repair or demolition of dangerous buildings and
substandard residential buildings.
b.
The Council may at any time transfer to such special fund, out of
any money in the General Fund of the City, such sums as the Council
may deem necessary in order to expedite the performance of the work
of demolition or repair, and the sums so transferred shall be deemed
a loan to the special fund and shall be repaid out of the proceeds
of the assessments provided for, either upon voluntary payments or
as the result of the sale of property after delinquency, and shall
be paid when collected to the City Treasurer, who shall place the
same in the Repair and Demolition Fund. All liens shall become a credit
to the Repair and Demolition Fund.
[Added by Ord. #1450, § 8155]
Whenever the owners, lessees, encumbrances, and others having any estate or interest in any dangerous building have failed within the time fixed to repair or demolish the building as ordered, and whenever the Department has not sold the building or structure for the purposes of demolition as set forth in subsection 14-3.24 of this section, the Department may proceed to have the costs of such repairs or demolition assessed against the property upon which the particular building or structure is located and recover from the sale of such property as hereinafter provided.
Such costs shall include, in addition to the costs, to complete
the work or demolish the building, an amount not exceeding 30% of
such costs but not less than the sum of $100 to cover the costs of
the City administering the contract and supervising the work required.
[Added by Ord. #1450, § 8156]
a.
Reports: Filing: Contents. The Department shall keep an itemized account of the net expenses involved in the repairing or demolishing of such buildings. Upon the completion of the repair or demolition, the Department shall prepare and file with the City Clerk, in duplicate, a report stating the work done, the net cost of the work, a description of the real property upon which the building or structure was located, the names and addresses of the persons entitled to notice pursuant to the provisions of subsection 14-3.10 of this section, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof. Any such report may include repair or demolition work on any number of buildings or structures on any number of parcels of property, whether contiguous to each other or not.
b.
Reports: Hearings: Notices. Upon the receipt of the report, the City
Clerk shall present it to the Council for consideration. The City
Clerk shall cause a notice of the costs of the repair or demolition
to be posted upon the property, or published once in a newspaper of
general circulation in the City, and served by registered or certified
mail, postage prepaid, addressed to the owner of the property as his
name and address appear on the last equalized assessment roll of the
County, if such so appears, or as known to the City Clerk. Such notice
shall be given at least 10 days prior to the date set for the hearing
and shall specify the day, hour, and place when and where the Council
will hear and pass upon the report of the Department, together with
any objections or protests which may be filed by any person interested
in and affected by the proposed assessment.
c.
Reports: Protests and Objections. Any person interested and affected
by the proposed assessment may file written protests or objections
with the City Clerk at any time prior to the time set for the hearing
on the report of the Department. Each such protest or objection shall
contain a description of the property in which the signer thereof
is interested and the ground of such protest or objection. The City
Clerk shall endorse on every such protest or objection the date it
was received by him. He shall present such protests or objections
to the Council at the time set for the hearing.
d.
Reports: Hearings: Protests. Upon the day and hour fixed for the
hearing the Council shall hear and pass upon the report of the Department,
together with any objections or protests. The Council may make such
revisions, corrections, or modifications in the report on the assessment
as the Council may deem just, and, when the Council is satisfied with
the correctness of the assessment, the report, as submitted or as
revised, corrected, or modified, together with the assessment, shall
be confirmed. The decision of the Council on the report and the assessment
and all protests or objections shall be final and conclusive. The
Council may adjourn the hearings from time to time.
e.
Assessments: Contest. The validity of any assessment made under the
provisions of this subsection shall not be contested in any action
or proceeding unless the same is commenced within 30 days after the
assessment is recorded. Any appeal from a final judgment in such action
or proceeding shall be perfected within 30 days after the entry of
such judgment.
f.
Assessments: Payment in Installments. The Council, in its discretion,
may determine that assessments in amounts of $50 or more shall be
payable in not to exceed five equal annual installments and may also
determine that after 30 days after the recording of the assessment
all sums then unpaid shall bear interest. Such interest shall be at
a rate not to exceed 6% per annum and shall accrue in monthly amounts
on the first day of each month after 30 days after the recording of
the notice of lien. The Council's determination to allow the payment
of such assessments in installments, the number of installments, whether
they shall bear interest, and the rate thereof shall be by resolution
adopted prior to the confirmation of the assessment.
g.
Assessments: Recording. Upon the confirmation of the assessment,
the City Clerk shall transmit the notice of lien to the office of
the County Recorder. From the date of such recording all persons shall
be deemed to have notice of the contents of such assessments. All
unpaid recorded liens shall be transmitted to the County Auditor-Controller,
in accordance with established procedures, to be added to the regular
tax bill.
h.
Assessments: Liens. Immediately upon its recording in the assessment
roll of the County Tax Assessor, the assessment shall be deemed to
be complete, the several amounts assessed shall be payable and the
assessment shall be a lien against the lots or parcels or land assessed,
respectively. The lien shall be subordinate to all existing special
assessment liens previously imposed upon the same property and shall
be paramount to all other liens, except for State, County, and municipal
taxes, with which such lien shall be upon a parity. The lien shall
continue until the assessment and all interest and costs due and payable
thereon are paid, or until the property is sold and deeded to the
purchaser or assignee.
[Added by Ord. #1450, § 8157]
Notices served pursuant to the provisions of subsections 14-3.1 through 14-3.28 of this section shall be deemed to include times and notifications served in accordance with other ordinances in force or repealed whereby the occupants, owners, or others were notified in accordance with such other ordinances.
[Added by Ord. #1519, § 8158; Ord. #1548; Ord.
#1556]
Metal bars, grills, grates, or similar devices which are installed
on operable windows or exterior doors and which would impede emergency
rescue may be installed provided such metal bars, grills, grates,
or similar devices are equipped with a quick-release latch openable
from the inside without the use of a key or special knowledge or special
effort.
[Added by Ord. #1519, § 8159; Ord. #1548; Ord.
#1556]
Security systems, as specified in subsection 14-4.1 of this section, installed prior to January 17, 1978, shall be modified to conform to the requirements of said subsection 14-4.1, or shall be removed, or an approved early warning system shall be provided. Such corrections or installations of alarm devices shall be made on or before July 17, 1978.
[Added by Ord. #1519, § 8160; Ord. #1556]
A building permit shall be obtained from the Building and Safety Department prior to installing any device set forth in subsection 14-4.1 of this section.
[Ord. #856, § 8400; Ord. #1805, § 1;
Ord. #1822, § 3]
All lands and lots within the City now platted or which may
hereafter be platted shall have numbers assigned to each space of
12 1/2 feet frontage on any street within or bordering upon the
same and such number shall be affixed to all buildings thereon, or
which may hereafter be erected thereon, in accordance with the provisions
of this Chapter. It shall be the duty of the City Engineer to designate
the respective block numbers and the Chief Building Inspector shall
assign numbers for buildings fronting on streets heretofore laid out
or hereafter to be laid out or extended.
[Ord. #856, § 8401]
Compton Boulevard, running easterly and westerly from the easterly
boundary line to the westerly boundary line of said City, shall be
the dividing line or starting point for numbers on buildings fronting
on streets heretofore laid out, or hereafter to be laid out, extending
in a northerly and southerly direction. Willowbrook Avenue, running
northerly and southerly from the northerly boundary line to the southerly
boundary line of said City, shall be the dividing line or starting
point for numbers on buildings fronting on streets heretofore laid
out, or hereafter to be laid out, extending in an easterly or westerly
direction. Numbers shall begin at the above named dividing lines or
starting points and shall continue to the termini of the respective
streets. One hundred numbers, or as many thereof as may be necessary,
shall be allotted to each block, or equivalent. Number 100 shall be
the first number used at the respective beginning points on the sides
of the streets that are to contain the even numbers; and number 101
for the sides that are to contain the odd numbers, and all buildings
in the rear, occupying the same lot corresponding with the front number,
shall be given the front or entrance number, designated with a letter
from the alphabet, such as A, B, C, etc. At the beginning of the second
block from the starting point, the first number shall be 200 and 201
respectively, and so continuing throughout the system. Twelve and
one-half feet, or fraction thereof, of frontage shall be allowed for
each number, the same to be calculated from the end or center of block
from which the number begins in any business section. On all streets
the numbering shall be done as if the streets began at or extended
to the dividing lines as defined in this subsection.
[Ord. #856, § 8402]
The numbers on the northerly and westerly sides of streets shall
be odd numbers and the numbers on the southerly and easterly sides
thereof shall be even numbers.
[Ord. #856, § 8403]
A block, within the meaning of this section, shall be that portion
of any street between two cross or intersecting streets, or between
a cross and intersecting street and an abutting street, or between
two abutting streets. In the case of an abutting street, the prolonged
center line of the abutting street shall be the dividing line of the
block; provided that every block exceeding 200 feet, or the equivalent
of the abutting blocks, in length shall be considered, for the purpose
of this section as two blocks.
[Ord. #856, § 8404]
No person shall display upon, over or near any entrance to any
building any number other than the number designated for such building,
as provided in this section.
Editor's Note: Ord. No. 2339 repealed Section 14-6 House Moving.
Prior history includes Ord. #856; Ord. #939; Ord. #983; Ord. #1799;
Ord. #1816; Ord. #1896.
Editor's Note: Ord. No. 2339 repealed Section 14-7 Housing Code.
Prior history includes Ord. #1957; Ord. #2013; Ord. #1991; Ord. #2224
and Ordinance Nos. 1257, 1275, 1348, 1414, 1473, 1530, 1544, 1607,
1801, 1818, 1897.
[1]
Tables A-J referred to herein are included as an attachment to this chapter.
[Added by Ord. #1829, §§ 1, 2]
The provisions of this Chapter shall apply to all buildings
constructed or under construction prior to March 10, 1933, or for
which a building permit was issued prior to March 10, 1933, which
on the effective date of this section have unreinforced masonry bearing
walls as defined herein.
EXCEPTION: This Chapter shall not apply to detached one or two
family dwellings and detached apartment houses containing fewer than
five dwelling units and used solely for residential purposes.
[Added by Ord. #1829, §§ 1, 2; amended 10-26-2021 by Ord. No.
2339]
For purposes of this Chapter, the applicable definitions in
the California Building Code and the following shall apply:
Shall mean any building housing a hospital or other medical
facility having surgery or emergency treatment areas, fire or police
stations, municipal government disaster operation and communication
centers.
Shall mean any building not classified as essential having
an occupant load as determined by the California Building Code of
100 occupants or more.
EXCEPTION: A high-risk building shall not include the following:
Any building having exterior walls braced with masonry cross
walls or wood frame cross walls spaced less than 40 feet apart in
each story. Cross walls shall be full story height with a minimum
length of 1 1/2 times the story height.
Any building used for its intended purpose as determined by
the department for less than 20 hours per week.
Shall mean any building designated as a historical building
by an appropriate Federal, State or City jurisdiction.
Shall mean any building not classified an essential building
having an occupant load as determined by the California Building Code
of less than 20 occupants.
Shall mean any building not classified as a high-risk building
or an essential building having an occupant load as determined by
the California Building Code of 20 occupants or more.
Shall mean a masonry wall having all of the following characteristics:
Provides the vertical support for a floor or roof.
The total superimposed loan is over 100 pounds per linear foot.
The area of reinforcing steel is less than 50% of that required
by the California Building Code.
[Added by Ord. #1829, §§ 1, 2; amended 10-26-2021 by Ord. No.
2339]
The rating classifications as exhibited in Table No. 14-A are
hereby established and each building within the scope of this Chapter
shall be placed in one such rating classification by the City. The
total occupant load of the entire building as determined by the California
Building Code shall be used to determine the rating classifications.
EXCEPTION: For the purpose of this Chapter, portions of buildings
constructed to act independently when resisting seismic forces may
be placed in separate rating classifications.
[Added by Ord. #1829, §§ 1, 2]
The owner of each building within the scope of this Chapter
shall cause a structural analysis to be made of the building by a
civil or structural engineer or architect licensed by the State of
California, and if the building does not meet the minimum earthquake
standards specified in this Chapter, the owner shall cause it to be
structurally altered to conform to such standards or cause the building
to be demolished.
The owner of a building within the scope of this Chapter shall
comply with the requirements set forth above by submitting to the
City for review within the stated time limits:
a.
Within 270 days after the service of the order, a structural analysis.
Such analysis, which is subject to approval by the City, shall demonstrate
that the building meets the minimum requirements of this Chapter;
or
b.
Within 270 days after the service of the order, a structural analysis
and plans for the proposed structural alterations of the building
necessary to comply to the minimum requirements of this Chapter; or
c.
Within 120 days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in subsection 14-8.8; or
d.
Within 270 days after the service of the order, plans for the demolition
of the building.
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After plans are submitted and approved by the City, the owner shall obtain a building permit, commence and complete the required construction or demolition within the time limits set forth in Table No. 14-B. These time limits shall begin to run from the date the order is served in accordance with subsection 14-8.6.
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Owners electing to comply with paragraph c of this subsection, are also required to comply with paragraphs b or d of this subsection, provided, however, that the 270-day period provided for in such paragraphs b and d and the time limits for obtaining a building permit, commencing construction and completing construction for complete structural alterations or building demolition set forth in Table No. 14-B shall be extended in accordance with Table No. 14-C. Each such extended time limit, except the time limit for commencing construction, shall begin to run from the date the order is served in accordance with subsection 14-8.6. The time limit for commencing construction shall run from the date the building permit is issued.
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[Added by Ord. #1829, §§ 1, 2; amended by
Ord. #2224, § 19; amended 10-26-2021 by Ord. No. 2339]
a.
Service of Order. The City shall issue an order, as provided in paragraph
b below, to the owner of each building within the scope of this Chapter
in accordance with the minimum time periods for service of such orders
set forth in Table Nos. 14-B and C. The City shall, upon receipt of
a written request from the owner, order a building to comply with
this Chapter prior to the normal service date for such building set
forth in this section.
b.
Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the order shall specify that the building has been determined by the City to be within the scope of this Chapter and, therefore, is required to meet the minimum seismic standards of this Chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of subsection 14-8.5, which sets forth the owner's alternatives and time limits for compliance.
c.
Appeal from Order. The owner or person in charge or control of the building may appeal, as provided for in this Chapter. Such appeal shall be filed within 60 days from the service date of the order described in this subsection 14-8.6. Any such appeal shall be decided by the Board or Hearing Officer no later than 60 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided therefor by the City, and the grounds thereof shall be stated clearly and concisely. Each appeal shall be accompanied by a filing fee as set forth in paragraph f of this subsection.
Appeals or request for slight modifications from any other determination,
orders or action by the City pursuant to this Chapter shall be made
in accordance with the procedures established in Section 106 of the
California Building Code .
d.
Recordation. At the time that the City serves the aforementioned
order, the City shall file with the Office of the County Recorder
a certificate stating that the subject building is within the scope
of Earthquake Hazard Reduction in Existing Buildings of the Compton
Municipal Code. 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 is not exhibited.
If the building is either demolished, found not to be within
the scope of this Chapter, or is structurally capable of resisting
minimum seismic forces required by this Chapter as a result of structural
alterations or an analysis, the City shall file with the Office of
the County Recorder a certificate terminating the status of the subject
building as being classified within the scope of Earthquake Hazard
Reduction in Existing Buildings of the Compton Municipal Code.
e.
Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the City pursuant to this Chapter within any of the time limits set forth in subsection 14-8.5, the City shall order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board or Hearing Officer, the Building and Safety Director may order its demolition in accordance with the provision of this Code.
[Added by Ord. #1829, §§ 1, 2]
a.
General. The standards and procedures established by this Chapter
shall apply in all aspects to a historical building except that as
a means to preserve original architectural elements and facilitate
restoration, a historical building may, in addition, comply with the
special provisions set forth in this section.
b.
Unburned Clay Masonry or Adobe. Existing or re-erected walls of adobe
construction shall conform to the following:
1.
Unreinforced adobe masonry walls shall not exceed a height or height-to-thickness
ratio of five for exterior bearing walls and must be provided with
a reinforced bond beam at the top, interconnecting all walls. Minimum
beam depth shall be six inches and a minimum width of eight inches
less than the wall width.
Minimum wall thickness shall be 18 inches for exterior bearing
walls and 10 inches for adobe partitions. No adobe structure shall
exceed one story in height unless the historic evidence indicates
a two-story height. In such cases, the height-to-thickness ratio shall
be the same as above for the first floor based on the total two-story
height, and the second floor wall thickness shall not exceed the ratio
five by more than 20%. Bond beams shall be provided at the roof and
second floor levels.
2.
Foundation footing shall be reinforced concrete under newly reconstructed
walls and shall be 50% wider than the wall above, soil conditions
permitting, except that the foundation wall may be four inches less
in width than the wall above if a rock, burned brick, or stabilized
adobe facing is necessary to provide authenticity.
3.
New or existing unstabilized brick and adobe brick masonry shall
have an average compressive strength of 225 pounds per square inch
when tested in accordance with ASTM designation C 67. One sample out
of five may have a compressive strength of not less than 188 pounds
per square inch. Unstabilized brick may be used where existing bricks
are unstabilized and where the building is not susceptible to flooding
conditions or direct exposure. Adobe may be allowed a maximum value
of three pounds per square inch for shear with no increase for lateral
forces.
4.
Mortar may be of the same soil composition and stabilization as the
brick in lieu of cement mortar.
5.
Nominal tension stresses due to seismic forces normal to the wall
may be neglected if the wall meets thickness requirements and shear
values allowed by this subsection.
c.
Archaic Materials. Allowable stresses for archaic materials net specified
in this Code shall be based on substantiating research data or engineering
judgment, subject to the Department's satisfaction.
d.
Alternative Materials and SHBC Advisory Review. Alternative materials, design or methods of construction will be considered as set forth in subsection 14-8.9. In addition, when a request for an alternative proposed design, material or method of construction is being considered, the City may file written request for opinion to the State Historical Building Code Advisory Board for its consideration, advice or findings in accordance with the SHBC.
[Added by Ord. #1829, §§ 1, 2; amended 10-26-2021 by Ord. No.
2339]
a.
General. Every structure within the scope of this Chapter shall be
analyzed and constructed to resist minimum total lateral seismic forces
assumed to act nonconcurrently in the direction of each of the main
axis of the structure in accordance with the equation v = IKCSW:
The value of IKCS need not exceed the values set forth in Table
No. 14-D based on the applicable rating classification of the building.
b.
Lateral Forces on Elements of Structures. Parts or portions of structures
shall be analyzed and designed for lateral loads in accordance with
the California Building Code but not less than the value from the
equation: Fp = ICp SEp.
For the provisions of this subsection, the product of IS need
not exceed the values as set forth in Table No. 14-E.
EXCEPTION: Unreinforced masonry walls in buildings and having a Rating Classification of 1 may be analyzed in accordance with subsection 14-8.9.
The value of Cp need not exceed the values set forth in Table
No. 14-F.
c.
Anchorage and Interconnection. Anchorage and interconnection of all
parts, portions and elements of the structure shall be analyzed and
designed for lateral forces in accordance with Table No. 14-F of this
Chapter and the equation Fp = ICpSW as modified by Table No. 14-E.
Minimum anchorage of masonry walls to each floor or roof shall resist
a minimum force of 200 pounds per linear foot acting normal to the
wall at the level of the floor or roof.
d.
Level of Required Repair. Alteration and repairs required to meet
the provisions of this Chapter shall comply with all other applicable
requirements of this Code unless specifically provided for in this
Chapter.
e.
Required Analysis.
1.
General. Except as modified herein, the analysis and design relating
to the structural alteration of existing structures within the scope
of this Chapter shall be in accordance with the analysis specified
in the California Building Code, or as it may be amended from time
to time.
2.
Continuous Stress Path. A complete, continuous stress path from every
part or portion of the structure to the ground shall be provided for
the required horizontal forces.
3.
Positive Connections. All parts, portions or elements of the structure
shall be interconnected by positive means.
f.
Analysis Procedure.
1.
General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the California Building Code and those materials and types of construction specified in subsection 14-8.9.
EXCEPTION: The Building Official has the authority to accept
alternate methods of retrofit in accordance with the California Building
Code.
2.
Connection. Materials and connectors used for interconnection of
parts and portions of the structure shall conform to the California
Building Code. Nails may be used as part of an approved connector.
3.
Unreinforced Masonry Walls. Except as modified herein, unreinforced
masonry walls shall be analyzed as specified in the California Building
Code and to withstand all vertical loads as specified in the California
Building Code in addition to the seismic forces required by this Chapter.
The 50% increase in the seismic force factor for shear walls as specified
in the California Building Code may be omitted in the computation
of seismic loads to existing shear walls.
No allowable tension stress will be permitted in unreinforced
masonry walls. Walls not capable of resisting the required design
forces specified in this Chapter shall be strengthened or shall be
removed and replaced.
EXCEPTION:
(a)
Unreinforced masonry walls in buildings not classified as a Rating Classification I pursuant to Table No. 14-A may be analyzed in accordance with subsection 14-8.9.
(b)
Unreinforced masonry walls which carry no design loads other
than their own weight may be considered as veneer if they are adequately
anchored to new supporting elements.
g.
Combination of Vertical and Seismic Forces.
1.
New Materials. All new materials introduced into the structure to
meet the requirements of this section which are subjected to combined
vertical and horizontal forces shall comply with the California Building
Code.
2.
Existing Materials. When stresses in existing lateral force-resisting elements are due to a combination of dead loads plus seismic loads, the allowable working stress specified in the California Building Code may be increased 100%. However, no increase will be permitted in the stresses allowed in subsection 14-8.9 and the stresses in members due only to seismic and dead loads shall not exceed the values permitted by the California Building Code.
3.
Allowable Reduction of Bending Stress by Vertical Load. In calculating
tensile fiber stress due to seismic forces required by this Chapter,
the maximum tensile fiber stress may be reduced by the full direct
stress due to vertical dead loads.
[Ord. #1829, §§ 1, 2; amended 10-26-2021 by Ord. No.
2339]
a.
General. All materials permitted by the California Building Code
, including their appropriate allowable stresses and those existing
configurations of materials specified herein, may be utilized to meet
the requirements of this Chapter.
b.
Existing Materials.
1.
Unreinforced Masonry Walls. Unreinforced masonry walls analyzed in
accordance with this section may provide vertical support for roof
and floor construction and resistance to lateral loads. The bonding
of such walls shall be as specified in the California Building Code
.
Tension stresses due to seismic forces normal to the wall may
be neglected if the wall does not exceed the height for length-to-thickness
ratio and the in-plane shear stresses due to seismic loads as set
forth in Table No. 14-G.
If the wall height-thickness ratio exceeds the specified limits,
the wall may be supported by vertical bracing members designed in
accordance with the California Building Code . The deflection of such
bracing members at design loads shall not exceed 1/10 of the wall
thickness.
EXCEPTION: The wall may be supported by flexible vertical bracing members designed in accordance with subsection 14-8.8b, if the deflection of design load is not less than 1/4 nor more than 1/3 of the wall thickness.
All vertical bracing members shall be attached to floor and
roof construction for their design loads independently of required
wall anchors. Horizontal spacing of vertical bracing members shall
not exceed 1/2 the unsupported height of the wall nor 10 feet.
The wall height may be measured vertically to bracing elements
other than a floor or roof. Spacing of the bracing elements and wall
anchors shall not exceed six feet. Bracing elements shall be detailed
to minimize the horizontal displacement of the wall by components
of vertical displacement of the floor or roof.
2.
Existing Roof, Floors, Walls, Footings and Wood Framing. Existing
materials, including wood shear walls utilized in the described configuration,
may be used as part of the lateral load resisting system, provided
that the stresses in these materials do not exceed the values shown
in Table No. 14-H.
c.
Strengthening of Existing Materials. New materials including wood
shear walls, may be utilized to strengthen portions of the existing
seismic resisting system in the described configurations, provided
that the stresses do not exceed the values shown in Table No. 14-I
(attached).
d.
Alternate Materials. Alternate materials, designs and methods of
construction may be approved by the City in accordance with the provision
of the California Building Code .
e.
Minimum Acceptable Quality of Existing Unreinforced Masonry Walls.
1.
General Provisions. All unreinforced masonry walls utilized to carry
vertical loads and seismic forces parallel and perpendicular to the
wall plane shall be tested as specified in this subsection. All masonry
quality shall equal or exceed the minimum standards established herein
or shall be removed and replaced by new materials. Alternate methods
of testing may be approved by the City. The quality of mortar in all
masonry walls shall be determined by performing in-place shear tests
or by testing eight inch diameter cores. Alternative methods of testing
may be approved by the City. Nothing shall prevent pointing with mortar
of all the masonry wall joints before the tests are first made. Prior
to any pointing, the mortar joints must be raked and cleaned to remove
loose and deteriorated mortar. Mortar for pointing shall be Type S
or N except masonry cement shall not be used. All preparation and
mortar pointing shall be done under the continuous inspection of a
registered deputy building inspector.
At the conclusion of the inspection, the inspector shall submit
a written report to the licensed engineer or architect responsible
for the seismic analysis of the building setting forth the result
of the work inspected. Such report shall be submitted to the City
for approval as part of the structural analysis. All testing shall
be performed in accordance with the requirements specified in this
subsection by testing agency approved by the City. An accurate record
of all such tests and their location in the building shall be recorded
and these results shall be submitted to the City for approval as part
of the structural analysis.
2.
Number and Location of Tests. The minimum number of tests shall be
two per wall or line of wall elements resisting a common force, or
one per 1,500 square feet of wall surface, with a minimum of eight
tests in any case. The exact test or core location shall be determined
at the building site by the licensed engineer or architect responsible
for the seismic analysis of the subject building.
3.
In-Place Shear Tests. The bed joints of the outer withe of the masonry
shall be tested in shear by laterally displacing a single brick relative
to the adjacent bricks in that withe. The opposite head joint of the
brick to be tested shall be removed and cleaned prior to testing.
The minimum quality mortar in 80% of the shear tests shall not be
less than the total of 30 psi plus the axial stress in the wall at
the point of the test. The shear stress shall be based on the gross
area of both bed joints and shall be that at which movement of the
brick is first observed.
4.
Core Tests. A minimum number of mortar test specimens equal to the
number of required cores shall be prepared from the cores and leveled
as specified herein. The mortar joint of the outer withe of the masonry
core shall be tested in shear by placing the circular core section
in a compression testing machine with the mortar bed joint rotated
15° from the axis of the applied load. The mortar joint tested
in shear shall have an average ultimate stress of 20 psi braced on
the gross area. The average shall be obtained from the total number
of cores made. If test specimens cannot be made from cores taken then
the shear value shall be reported as zero.
f.
Testing of Shear Bolts. One-fourth of all new shear bolts and dowels
embedded in unreinforced masonry walls shall be tested by a registered
deputy building inspector using a torque calibrate wrench to the following
minimum torques:
1/2-inch diameter bolts or dowels - Forty-foot lbs.
5/8-inch diameter bolts or dowels - Fifty-foot lbs.
3/4-inch diameter bolts or dowels - Sixty-foot lbs.
No bolts exceeding 3/4 inch shall be used. All nuts shall be
installed over malleable iron or plate washers when bearing on wood
and heavy cut washers when bearing on steel.
g.
Determination of Allowable Stresses for Design Methods Based on Test
Results.
1.
Design Shear Values. Design seismic in-plane shear stresses shall
be substantiated by tests performed as specified in subsection 14-8.9e3
and 4.
Design stresses shall be related to test results obtaining in
accordance with Table No. 14-J (attached). Intermediate values between
three and 10 psi may be interpolated.
2.
Design compression and tension values, compression stresses for unreinforced
masonry having a minimum design shear value of three psi shall not
exceed 100 psi. Design tension values for unreinforced masonry shall
not be permitted.
h.
Rod Anchors. 5% of the existing rod anchors utilized as all or part
of the required wall anchors shall be tested in pullout by an approved
testing laboratory. The number tested shall be four per floor, with
two tests at walls with joists framing into the wall and two tests
at walls with joists parallel to the wall. The test apparatus shall
be supported on the masonry wall at a minimum distance of the wall
thickness from the anchor tested. The rod anchor shall be given a
preload of 300 pounds prior to establishing a datum for recording
elongation. The tension test load reported shall be recorded at 1/2
inch relative movement of the anchor and the adjacent masonry surface.
Results of all tests shall be reported. The report shall include the
test results as related to the wall thickness and joist orientation.
The allowable resistance value of the existing anchors shall be 40%
of the average of those tested anchors having the same wall thickness
and joist orientation.
i.
Qualification Tests for Devices Used for Wall Anchorage. Qualifications
tests for devices used for wall anchorage shall be tested with the
entire tension load carried on the enlarged head at the exterior face
of the wall. Bond on the part of the device between the enlarged head
and the interior wall face shall be eliminated for the qualification
tests. The resistance value assigned the device shall be 20% of the
average of the ultimate loads.
[Added by Ord. #1829, §§ 1, 2; amended 10-26-2021 by Ord. No.
2339]
a.
General. In addition to the seismic analysis required elsewhere in
this Chapter, the licensed engineer or architect responsible for the
seismic analysis of the building shall determine and record the information
required by the section on the approved plans.
b.
Construction Details. The following requirements with appropriate
construction details shall be made part of the approved plans:
1.
All unreinforced masonry walls shall be anchored at the roof level
by tension bolts through the wall as specified in Table No. I or by
approved equivalent at a maximum anchor spacing of six feet. Anchors
installed in accordance with the California Building Code shall be
accepted as conforming to this requirement.
All unreinforced masonry walls shall be anchored at all floors
with tension bolts through the wall or by existing rod anchors at
a maximum anchor spacing of six feet. All existing rod anchors shall
be secured to the joists to develop the required forces. The City
may require testing to verify the adequacy of the embedded ends of
the existing rod anchors. Tests when required shall conform to subsection
14-8.9h.
When access to the exterior face of the masonry wall is prevented
by proximity of an existing building, wall anchors conforming to items
5 and 6 in Table No. 14-I may be used.
Alternative devices to be used in lieu of tension bolts for
masonry wall anchorage shall be tested as specified in subsection
14-8.9i.
2.
Diaphragm cord stresses of horizontal diaphragms shall be developed
in existing materials or by addition of new materials.
3.
Where trusses and beams other than rafters or joists are supported
on masonry, ledges or columns shall be installed to support vertical
loads of the roof or floor members.
4.
Parapets and exterior wall appendages not capable of resisting the
forces specified in this Chapter shall be removed, stabilized or braced
to ensure that the parapets and appendages remain in their original
position.
5.
All deteriorated mortar joints in unreinforced masonry walls shall
be pointed with Type S or N mortar. Prior to any pointing, the wall
surface must be raked and cleaned to remove loose and deteriorated
mortar. All preparation and pointing shall be done under the continuous
inspection of a registered deputy building inspector certified to
inspect masonry or concrete. At the conclusion of the project, the
inspector shall submit a written report to the City setting forth
the portion of work inspected.
6.
Repair details of any cracked or damaged unreinforced masonry wall
required to resist forces specified in this Chapter.
c.
Existing Construction. The following existing construction information
shall be made part of the approved plans:
1.
The type and dimensions of existing walls and the size and spacing
of floor and roof members.
2.
The extent and type of existing wall anchorage to floors and roof.
3.
The extent and type of parapet corrections which were performed in
accordance with the California Building Code.
4.
Accurately dimensioned floor plans and masonry wall elevations showing
dimensioned openings, piers, wall thickness and heights.
5.
The location of cracks or damaged portions of unreinforced masonry
walls requiring repairs.
6.
The type of interior wall surfaces and if reinstalling or anchoring
of ceiling plaster is necessary.
7.
The general condition of the mortar joints and if the joints need
pointing.
[Ord. #1834, §§ 1 — 3]
a.
The City of Compton shall now and hereafter require the State Department
of Social Services and the license of group homes and halfway houses
to register all such facilities located in the City of Compton with
the Planning Department.
b.
The City's Fire Marshal shall inspect the facility and ascertain
whether or not it will meet the Fire Code.
c.
This action is taken for information purposes only. It is not a licensing
requirement and in no way shall interfere with Section 1566.3 of the
Health and Safety Code of the State of California.
[Ord. #2000, § 1]
These regulations apply to all properties in the area of special
flood hazard within the City of Compton designated by the Federal
Emergency Management Agency (FEMA) as a Flood Control Restoration
(AR) Zone.
[Ord. #2000, § 1]
It is the purpose of this section to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in the AR Zone as identified by FEMA by establishing
provisions designed to:
a.
Protect human life and health.
b.
Minimize expenditures of public money for costly flood control projects.
c.
Minimize the need for rescue and relief efforts associated with flooding,
generally undertaken at the expense of the general public.
d.
Minimize prolonged business interruptions.
e.
Minimize damage to public facilities and utilities such as water
and gas mains; electric, telephone and sewer lines; and streets and
bridges located in the AR Zone.
f.
Help maintain a stable tax base by providing for the sound use and
development of land and properties in the AR Zone so as to minimize
future blighted areas caused by flood damage.
[Ord. #2000, § 1]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage as to give the Flood Plain Management Regulations
reasonable application.
See "Base flood."
Shall mean a request for a review of the Floodplain Administrator's
interpretation of any provision of this section.
Shall mean a special flood hazard area that results from
the decertification of a previously accredited flood protection system
that is determined to be in the process of being restored to provide
a 100-year or greater level of flood protection.
Shall mean a designated AR Zone (with base flood depth) on
the Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not exist; the path
of flooding is unpredictable and indeterminate; and velocity flow
may be evident. Such flow is characterized by ponding or sheet flow.
See "Special flood hazard area."
Shall mean a flood which has a 1% chance of being equaled
or exceeded in any given year (also called the "100-year flood").
Base flood is the term used throughout this section.
Shall mean any area of the building having its floor subgrade
– i.e. below ground level on all sides.
See "Structure."
Shall mean the City of Compton.
Shall mean an area of a community that is:
A primarily urbanized, built-up area that is a minimum of 20
contiguous acres, has basic urban infrastructure, including roads,
utilities, communications, and public facilities, to sustain industrial,
residential and commercial activities, and
Within which 75% or more of the parcels, tracts, or lots contain
commercial, industrial or residential structures or uses; or
Is a single parcel, tract or lot in which 75% of the area contains
existing commercial or industrial structures or uses; or
Is a subdivision developed at a density of at least two residential
structures per acre in which 75% or more of the lots contain existing
residential structures.
Undeveloped parcels, tracts or lots, the combination of which
is less than 20 acres which is contiguous on at least three sides
to areas meeting the criteria of paragraph a1.
A subdivision that is a minimum of 20 contiguous acres and has
obtained all necessary government approvals, provided that the actual
"start of construction" of structures has occurred on at least:
Per the above definition, all of the land within the corporate
limits of the City of Compton is a "developed area" for the following
reasons:
The City of Compton is 6,514 contiguous acres in size and is
fully urbanized and built up, with basic infrastructure, including
roads, utilities, communications and public facilities to sustain
industrial, residential and commercial activities and within which
less than 3% of the land is vacant and undeveloped.
There are no undeveloped/vacant parcels, tracts or lots within
the City that are 20 acres or greater in area. Nor are there undeveloped/vacant
parcels, tracts or lots contiguous to each other that equal or exceed
20 acres in area. In addition, all undeveloped/vacant parcels, tracts,
or lots within the City are contiguous on at least three sides to
areas meeting the criteria of paragraph d1 above.
Shall mean any man-made change to improved or unimproved
real estate, including but not limited to buildings and other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Shall mean the advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development into
a flood plain, which may impede or alter the flow capacity of a flood
plain.
Shall mean the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones
applicable to the community.
Shall mean the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate
Map, and the water surface elevation of the base flood.
Shall mean the Planning Director of the City of Compton or
an appointed designee.
Shall mean the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the flood plain, including
but not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
Shall mean any land area designated Zone AR.
Shall mean any combination of structural and nonstructural
additions, changes or adjustments to structures, which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Shall mean:
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; and/or mudslides (i.e. mudflows); and
The condition resulting from flood-related erosion.
As related in the Variance Procedure, of this section, shall
mean that the variance granted must not cause fraud on or victimization
of the public. In examining this requirement, the City will consider
the fact that every newly constructed building adds to government
responsibilities and remains a part of the community for 50 to 100
years. Buildings that are permitted to be constructed below the base
flood elevation are subject during all those years to increased risk
of damage from floods, while future owners of the property and the
community as a whole, are subject to all the costs, inconvenience,
danger and suffering that those increased flood damages bring. In
addition, future owners may purchase the property, unaware that it
is subject to potential flood damage and can be insured only at very
high flood insurance rates.
Shall mean the City Council of the City of Compton.
As related in the Variance Procedure, shall mean the exceptional
hardship that would result from a failure to grant the requested variance.
Said variance shall be exceptional, unusual and peculiar to the property
involved. Mere economic or financial hardship alone is not exception.
Inconvenience aesthetic considerations, physical handicaps, personal
preferences and the disapproval of one's neighbors likewise cannot,
as a rule, qualify as an exception hardship. All of these problems
can be resolved through other means without granting a variance, even
if the alternative is more expensive, or requires the property owner
to build elsewhere or put the parcel to a different use than originally
intended.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Shall mean a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control or divert the flow of water so as to provide protection
from temporary flooding.
Shall mean a flood protection system, which consists of a
levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound engineering
practices.
Shall mean the lowest floor of the lowest enclosed area,
including basement (see "Basement").
An unfinished or flood resistant enclosure below the lowest
floor that is usable solely for parking of vehicles, building access
or storage in an area other than a basement area, is not considered
a building's lowest floor provided it conforms to applicable nonelevation
design requirements, including, but not limited to:
For residential structures, all subgrade-enclosed areas are
prohibited as they are considered basements. This prohibition includes
below-grade garages and storage areas.
Shall mean a structure, transportable in one or more sections,
which is built on a permanent chassis and is designated for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
Shall mean, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
For floodplain management purposes, shall mean new freestanding
structures for which the "start of construction" commenced on or after
the effective date of floodplain management regulations adopted herein
and includes any subsequent improvements to such structures.
Shall mean and include, but is not limited to, any dam, wall,
wharf, embankment, levee, dike, pile, abutment, protection, excavation,
channelization, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and/or velocity of the flow
of water or, due to its location, its propensity to snare or collect
debris carried by the flow of water, or its likelihood of being carried
downstream.
As referred to in the Variance Procedure of this section,
shall mean that the granting of a variance shall not result in anything
which is injurious to the safety or health of an entire community
or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal or basin.
Shall mean a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
Shall mean to bring the structure or other development into
compliance with State or local flood plain management regulations,
or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure
or other affected development from flood damages, implementing the
enforcement provisions of the regulation or otherwise deterring future
similar violations, or reducing State or Federal financial exposure
with regard to the structure or other development.
Shall mean relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
See "Area of shallow flooding."
Shall mean an area in the flood plain subject to a 1% or
greater chance of flooding in any given year. It is shown on the FIRM
for Compton as Zone AR.
Shall mean and include proposed new development and means
the date the building permit was issued, provided the actual start
of construction was within 180 days from the date of the permit. The
actual start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Shall mean a walled and roofed building that is principally
above ground; this includes a gas or liquid storage tank or a manufactured
home.
Shall mean a grant of relief from the requirements of these
regulations which permits construction in a manner that would otherwise
be prohibited.
Shall mean the failure of a structure or other development
to be fully compliant with these regulations. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in these regulations is presumed
to be in violation until such time as such documentation is provided.
Shall mean the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, (or other datum, where specified) of
floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
Shall mean a lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at least
periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
[Ord. #2000, § 1]
The following general provisions are applicable to the flood
plain management regulations:
a.
Basis for Establishing the Areas of Special Flood Hazard. The areas
of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood
Insurance Study (FIS) dated July 6, 1998, and accompanying Flood Insurance
Rate Map (FIRM), and all subsequent amendments and/or revisions, are
hereby adopted by reference and declared to be a part of these regulations.
This FIS and attendant mapping is the minimum area of applicability
of this section and may be supplemented by studies for other areas
which allow implementation and are recommended to the City Council
by the Floodplain Administrator. The study and FIRM are on file in
the office of the City Clerk and the Department of Building and Planning.
b.
Compliance. No structure or land shall hereafter be constructed,
located, extended, converted or altered without full compliance with
these regulations. Violation of these requirements (including violations
of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Nothing herein shall prevent the City
from taking such lawful action as necessary to prevent or remedy any
violation.
c.
Exemptions. These regulations shall not apply to additions, modifications,
improvements or rehabilitations to legally existing buildings or structures.
e.
Warning and Disclaimer of Liability. The degree of flood protection
required by these regulations is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This section does
not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood
damages. Adoption of these regulations shall not create liability
on the part of the City of Compton, any officer or employee thereof,
the State of California, or the Federal Insurance Administration,
Federal Emergency Management Agency, for any flood damages that result
from reliance on these regulations or any administrative decision
lawfully made hereunder.
[Ord. #2000, § 1]
A Development Permit shall be obtained before any construction or other development begins within any area of special flood hazard established in subsection 14-10.4a. Application for a Development Permit shall be made on forms furnished by the Department of Building and Planning and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
a.
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures in Zone AR (with base flood
depth), elevation of highest adjacent grade and proposed elevation
of lowest floor of all structures; or
b.
Proposed elevation in relation to mean sea level to which any nonresidential
structure will be flood proofed, if required by subsection 14-10.8a3(c);
and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. #2000, § 1]
The Planning Director is hereby appointed to administer, implement
and enforce this section by granting or denying Development Permits
in accordance with its provisions.
[Ord. #2000, § 1]
The duties and responsibilities of the Flood Plain Administrator
shall include, but not be limited to the following:
a.
Permit Review. Review all development permits to determine that:
1.
Permit requirements of this subsection have been satisfied;
2.
All other required State and Federal permits have been obtained;
3.
The site is reasonably safe from flooding; and
4.
The proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. For purposes of these regulations, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development
will increase the water surface elevation of the base flood more than
one foot at any point.
b.
Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with subsection 14-10.4a, the Flood Plain Administrator shall obtain, review and reasonably utilize any base floor elevation and floodway data available from a Federal or State agency, or other source, in order to administer Section 14-10. Any such information shall be submitted to the City Council for adoption.
c.
Notification of Other Agencies. In alteration or relocation of a
watercourse:
1.
Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
2.
Submit evidence of such notification to the Federal Insurance Administration,
Federal Emergency Management Agency; and
3.
Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
d.
Documentation of Flood Plain Development. Obtain and maintain for
public inspection and make available as needed the following:
1.
Certification required by subsection 14-10.8a3(a) (Lowest flood elevations);
2.
Certification required by subsection 14-10.8a3(b) (Elevation or floodproofing of nonresidential structures);
3.
Certification required by subsection 14-10.8a3(c) (Wet floodproofing
standard); and
e.
Remedial Action. Take action to remedy violations of these regulations specified in subsection 14-10.4b.
f.
AR Zone Duties. A determination has already been made, pursuant to subsection 14-10.3 ("Developed Areas") that all areas within Zone AR, as well as within the corporate boundaries of the City, are "developed areas." Consequently, only Zone AR regulations pertaining to developed areas are applicable to development within the City of Compton.
[Ord. #2000, § 1]
The following general provisions are applicable for flood hazard
reduction:
a.
Standards of Construction. In all areas of special flood hazards
the following standards are required:
1.
Anchoring:
(a)
All new construction shall be adequately anchored to prevent
flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
(b)
All manufactured homes and modular structures shall meet the
anchoring standards of subsection 14-10.8.3a3.
2.
Construction Materials and Methods: All new construction shall be
constructed as follows:
(a)
With materials and utility equipment resistant to flood damage;
(b)
Using methods and practices that minimize flood damage;
(c)
With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding; and
(d)
So that there are adequate drainage paths around structures
on slopes to guide flood waters around and away from the proposed
structures.
3.
Elevation and Flood Proofing. (See definitions for "basement," "lowest
floor," and "new construction.")
(a)
New residential construction, including manufactured homes, shall meet the standards of subsection 14-10.8 and shall have the lowest floor, including basement, elevated as follows:
(1)
Elevated above the highest adjacent grade to a height equal
to or exceeding the depth number specified in feet on the FIRM, or
elevated at least two feet above the highest adjacent grade if no
depth number is specified.
(2)
Elevated using the lower of either the AR base flood elevation
or the elevation that is three feet above the highest adjacent grade.
(3)
New manufactured homes and modular structures shall be securely
fastened to an adequately anchored foundation system to resist flotation,
collapse and lateral movement and be elevated so that either:
(i)
The lowest floor of the manufactured home or modular
structure meets the elevation requirements provided above; or
(ii)
The manufactured home or modular structure chassis
shall be supported by reinforced piers or other foundation elements
of at least equivalent strength that are not less than 36 inches in
height above grade.
(b)
Upon the completion of the structure, the elevation of the lowest
floor, including basement, shall be certified by a registered professional
engineer or surveyor, and verified by a City Building Inspector to
be properly elevated. Such certification and verification shall be
provided to the Flood Plain Administrator.
b.
New nonresidential construction shall either be elevated to conform with subsection 14-10.8a3(a) or together with attendant utility and sanitary facilities:
1.
Be flood proofed below the elevation recommended under subsection 14-10.8a3(a) so that the structure is watertight with walls substantially impermeable to the passage of water;
2.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
3.
Be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certification
shall be provided to the Flood Plain Administrator.
c.
All new construction with fully enclosed areas below the lowest floor
(excluding basements) that are usable solely for parking of vehicles,
building access or storage, and which are subject to flooding, shall
be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs
for meeting this requirement shall exceed the following minimum criteria:
1.
Be certified by a registered professional engineer or architect;
or
2.
Have a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater.
[Ord. #2000, § 1]
[Ord. #2000, § 1]
[Ord. #2000, § 1]
Variance from the provisions of this section shall be as follows:
a.
Nature of Variance. The Variance criteria set forth in this subsection
are based on the general principle of Zoning Law Variances pertaining
to a piece of property and are not personal in nature. A Variance
may be granted for a parcel of property with physical characteristics
so unusual that complying with the requirements of these regulations
would create an exceptional hardship to the applicant or the surrounding
property owners. The unique characteristic must pertain to the land
itself, not to the structure, its inhabitants, or the property owners.
The City Council hereby finds and determines that a Variance
should be granted only where the physical characteristics of a parcel
or property are so unusual that complying with the requirements of
these regulations would create an exceptional hardship to the applicant
or the surrounding property owners. Because of the need to protect
this City and its property owners from flooding, and, therefore, granting
a Variance only in an unusual case, the following criteria shall be
applied in determining whether a Variance from the terms and provisions
of these regulations should be granted.
b.
Variance Hearing Board. The Planning Commission of the City of Compton shall hear all applications for a Variance from the terms and provisions of these regulations. The application shall be on a form approved by the Planning Director and accompanied by the fee established by the City Council for Variance applications. The procedures which shall be followed for considering a Variance shall conform to subsection 30-27.5 of the Zoning Ordinance.
c.
Conditions for Variances. In evaluating requests for Variances, the
Planning Commission shall consider the following:
1.
Variances shall only be approved upon a determination that the Variance
is the "minimum necessary" considering the flood hazard, to afford
relief. "Minimum necessary" means to afford relief with the least
deviation from requirements of these regulations. For example, in
the case of Variances to an elevation requirement, the Planning Commission
need not grant permission for the applicant to build at grade, or
even to whatever elevation the applicant proposes, but only to that
elevation which the Planning Commission believes will both provide
relief and preserve the integrity of the City's standards.
2.
Variances shall only be approved upon a finding of:
(a)
Good and sufficient cause;
(b)
Determination that failure to grant the Variance would result
in exceptional "hardship," as defined herein; and
(c)
Determination that the granting of a Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, as defined in subsection 14-10.3, or conflict with existing laws or ordinances.
3.
The following relevant factors shall be considered:
(a)
Danger that materials may be swept onto other lands to the injury
of others;
(b)
Danger to life and property due to flooding or erosion damage;
(c)
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the existing individual
owner and future owners of the property;
(d)
Importance of the services provided by the proposed facility
to the community;
(e)
Availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(f)
Compatibility of the proposed use with existing and anticipated
development;
(g)
Relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
(h)
Safety of access to the property in time of flood for ordinary
and emergency vehicles;
(i)
Expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
(j)
Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets
and bridges.
4.
Any applicant to whom a Variance is granted shall be given written
notice over the signature of the Planning Director which shall include:
(a)
The issue of a Variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
coverage; and
(b)
Such construction below the base flood level increases risks
to life and property. It is recommended that a copy of this notice
shall be recorded by the Flood Plain Administrator in the Office of
the County Recorder and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
5.
In the granting of any variance, the Planning Commission may impose
such additional conditions necessary in order to protect the public
health, safety and welfare.
[Ord. #2000, § 1]
The Planning Commission shall hear and decide appeals when it
is alleged there is an error in any requirements, decision or determination
made by the Flood Plain Administrator in enforcement or administration
of this regulation.
[Ord. #2000, § 1]
Any person aggrieved by the decision of the Planning Commission
pertaining to any matter referred to it under this section may appeal
said decision to the City Council for a public hearing pursuant to
the same fee requirements, time requirements and notice requirements
provided in the Zoning Ordinance for appeals to the City Council from
the decision of the Planning Commission.
[1]
Editor's Note: Former Section 14-11, Enforcement of the Mobilehome
Parks Act, previously codified herein and containing portions of Ordinance
No. 2056 was repealed in its entirety by Ordinance No. 2092.
