Note: Prior ordinance history: Ord. Nos. 2481 and 2590.
A. 
The following listed Code, with amendments, additions, and deletions is adopted by reference: Appendix Chapter 1, Uniform Code for Building Conservation, 1991 Edition.
B. 
This Code shall not be superseded by the adoption of subsequent codes as referenced in other sections of this chapter. This section shall remain in full force and effect regardless of the repeal, modification, or amendment of other codes referenced in this chapter until such time as it is specifically amended or repealed. One copy of the code referred to above with all amendments, deletions, and additions is on file with the City Clerk and is open to public inspection.
C. 
For the purpose of implementing this mitigation program for unreinforced masonry buildings, those portions of the 1991 Uniform Building Code and 1991 Uniform Building Code Standards, which are referenced in Appendix Chapter 1 of the Uniform Code for Building Conservation, 1991 Edition, shall remain in effect regardless of the adoption of subsequent editions of the Uniform Building Code and Uniform Building Code Standards. Any person or entity owning, residing, occupying, or managing a building or structure within the City shall not maintain the building or structure in violation of any of the provisions of this section.
(2718 § 3, 2007; 2800 § 2, 2011)
A. 
The owner of each building within the scope of this section shall, upon service of an order and within the time limits set forth in this section, cause a structural analysis to be made of the building by a State of California registered professional civil or structural engineer or a State of California licensed architect, and if the building does not comply with earthquake standards specified in this section, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished.
B. 
The owner of a building within the scope of this section shall comply with the requirements set forth above by submitting to the Building Official for review within the stated time limits:
1. 
Within 270 days after service of the order, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this section;
2. 
Within 270 days after service of the order, the structural analysis and plans for structural alteration of the building to comply with this section;
3. 
Within 120 days after service of the order, plans for the installation of wall anchors and parapet bracing and exterior wall appendage removal or stabilization in accordance with the requirements specified in Section A110 of Appendix Chapter 1, Uniform Code for Building Conservation, 1991 Edition; or
4. 
Within 270 days after service of the order, plans for the demolition of the building.
C. 
After plans are submitted and approved by the Building Official, the owner shall obtain a building permit and then commence and complete the required construction or demolition within the time limits set forth in Table No. A-1-G (Section 18.08.040). These time limits shall begin to run from the date the order is served in accordance with Section 18.08.030, except that the time limit to commence structural alterations or building demolition shall begin to run from the date the building permit is issued.
D. 
Owners electing to comply with subsection (B)(3) of this section are also required to comply with subsection (B)(2) or (B)(4) of this section; provided, however, that the 270-day period provided for in subsection (B)(2) or (B)(4) and the time limits for obtaining a building permit and to complete structural alterations or building demolition set forth in Table No. A-1-G may be extended in accordance with Table No. A-1-H (Section 18.08.050). Each such extended time limit shall begin to run from the date the order is served, in accordance with Section 18.08.030, except that the time limit to commence structural alterations or demolition shall begin to run from the date the building permit is issued.
(2718 § 3, 2007; 2800 § 2, 2011)
A. 
Order—service.
1. 
The Building Official shall, in accordance with the priorities set forth in Table No. A-1-H, issue an order as provided in this section, to the owner of each building within the scope of this section.
2. 
Prior to the service of an order as set forth in Table No. A-1-H, a bulletin may be issued to the owner as shown upon the last equalized assessment roll or to the person in apparent charge or control of a building considered by the Building Official to be within the scope of this section. The bulletin may contain information the Building Official deems appropriate. The bulletin may be issued by mail or in person.
B. 
Order—priority of service. Priorities for the service of the order for buildings within the scope of this section shall be in accordance with the rating classification as shown on Table No. A-1-H. The minimum time period to the service of the order as shown on Table No. A-1-H shall be measured from the effective date of this section. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his or her building into compliance with this section prior to the normal service date for such building set forth in this section.
C. 
Order—contents. The order shall be in writing and shall be served either personally or by certified mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this section, and therefor is required to meet the minimum seismic standards of this section. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 18.08.020, which sets forth the owner's alternatives and time limits for compliance.
D. 
Appeal from order. The owner of the building may appeal the Building Official's initial determination that the building is within the scope of this section. Such appeal shall be filed with the Administrative Board of Appeals within 30 days from the service date of the order described in Section 18.08.030. Any appeal shall be decided by the Board no later than 90 days after filing, and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determination, orders, or actions by the Building Official pursuant to this section shall be made in accordance with the procedures established in Sections 204 and 301 of the Uniform Administrative Code.
E. 
Recordation. At the time that the Building Official serves the order, he or she shall also file with the County Recorder's office a certificate stating that the subject building is within the scope of this section and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to alter or demolish it where compliance with this section has not been demonstrated.
If the building is demolished, found not to be within the scope of this section, or is made structurally capable of resisting the minimum seismic forces required by this section as a result of structural alterations or an analysis, the Building Official shall file with the County Recorder's office a form terminating the status of the subject building as being classified within the scope of this section.
F. 
Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this section, within any of the time limits set forth in this section, the Building Official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the Building Official 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 Administrative Board of Appeals, the Building Official may order its demolition in accordance with the provisions of Section 203 of the Uniform Administrative Code, the Uniform Code for the Abatement of Dangerous Buildings, or the Garden Grove Municipal Code.
(2718 § 3, 2007; 2800 § 2, 2011)
Required Action By Owner
Obtain Building Permit Within
Commence Construction Within
Complete Construction Within
Structural Alterations or Building Demolition
1 Year (2)
180 Days (1)
3 Years (2)
Wall Anchors
180 Days (2)
270 Days (2)
1 Year (2)
(1)
Measured from date of building permit issuance.
(2)
Measured from date of service of order.
(2718 § 3, 2007; 2800 § 2, 2011)
Rating Classification
(Highest Priority)
Occupant Load
Extension of Time if Wall Anchors Are Installed
Periods for Service of Order
I
N/A
N/A
N/A
II
100 or More
1 Year
180 Days
III-A
100 or More
1 Year
1 Year
III-B
50 or More But Less Than 100
1 Year
1 Year
III-C
20 or More But Less Than 50
2 Years
1 Year
IV (Lowest Priority)
Less Than 20
2 Years
1 Year
(2718 § 3, 2007; 2800 § 2, 2011)