(a) When applying for a permit to alter, repair, or rehabilitate any
structure that contains one or more dwelling units or mobile home
park, the applicant shall indicate on a form furnished by the Building
Officer whether the property is occupied by tenants.
(b) If the property is tenant-occupied and, as determined by the Building
Officer, the construction work could impact the habitability of any
occupied unit on the property, prior to obtaining a permit, the applicant
shall submit a construction means and method plan to the Building
Officer, consistent with the standards set forth by administrative
regulations. The Building Officer may consult all relevant sources
of authority, including
Health and Safety Code Section 17920.3 or
its successor legislation, to guide his/her determination of habitability.
(c) No permit shall be issued until a satisfactory means and method plan
is approved by the Building Officer, if required.
(d) If the unit or building was not tenant occupied at the time a permit application was submitted, the applicant shall submit a construction means and method plan prior to any unit in the building being tenant occupied. If the Building Officer determines that the work could impact the habitability of any unit on the property given the manner in which the construction is being undertaken, the requirements of Sections
8.100.020,
8.100.030,
8.100.040,
8.100.050, and
8.100.060 below shall also apply.
(e) If at any point during construction it is determined that conditions
and construction impacts are not adequately addressed by means and
method plan previously approved by the City, the Director may require
the owner to submit an amended means and method plan.
(f) The Building Officer may stop construction until all applicable requirements
of this Chapter have been met.
(Added by Ord. No. 1946CCS §
1, adopted 6/29/99; amended by Ord. No. 1962CCS § 1, adopted 11/16/99; Ord. No. 2057CCS § 1,
adopted 10/22/02; Ord.
No. 2512CCS § 2, adopted 4/26/16; Ord. No. 2537CCS § 9,
adopted 3/28/17; Ord.
No. 2585CCS § 2, adopted 8/28/18)
(a) If the construction means and method plan demonstrates, as determined
by the Building Officer, that the work being performed on the property
may require that tenants be temporarily relocated, the applicant shall
also prepare and submit a relocation plan on a form provided by the
Building Officer for City approval prior to issuance of a permit which
shall contain:
(1) The fair and reasonable relocation benefits that will be provided to all displaced tenants as required by Municipal Code Section
4.36.100;
(2) The timing of the displacement will be provided to all tenants who
will be displaced;
(3) A copy of the notice required by Section
8.100.040(a) consistent with the standards set forth by administrative regulations.
(4) Based upon a recent survey and analysis of both the housing needs of persons who will be displaced and the supply of available temporary housing, and considering the competing needs for that housing, verification that sufficient temporary housing of the type required by Section
4.36.100 will be provided;
(5) Verification that the owner has adequate resources to provide the
required relocation benefits and adequate provisions have been made
for the orderly, timely, and efficient relocation of displaced tenants
to comparable replacement housing.
(b) If the Building Officer determined, at the time of permit approval, that temporary relocation was not required and if new construction conditions could potentially impact habitability of any tenant unit, the applicant must submit an amended means and method plan and obtain all required City approvals prior to commencing any work beyond the scope of work originally approved. If the Building Officer determines that the work could impact the habitability of any unit on the property given the manner in which the change in construction is being undertaken, the requirements of this Section and Sections
8.100.040,
8.100.050, and
8.100.060 below shall also apply.
(Added by Ord. No. 1946CCS §
1, adopted 6/29/99; amended by Ord. No. 1962CCS § 1, adopted 11/16/99; Ord. No. 2512CCS § 2,
adopted 4/26/16; Ord.
No. 2537CCS § 9, adopted 3/28/17; Ord. No. 2585CCS § 2,
adopted 8/28/18)
(a) Before a permit can be issued for the alteration/repair/rehabilitation of a building or mobilehome park which required an applicant to prepare a construction means and method plan pursuant to Section
8.100.010 of this Chapter, the applicant must provide notifications to affected tenants of the property consistent with the standards set forth by administrative regulations. This notice shall be hand-delivered, with a proof of service, to each affected tenant of the property or sent by certified mail or otherwise delivered in a form of electronic means acceptable to the City.
(b) The notice required by subsection
(a) of this Section shall contain the following information:
(1) A statement that the construction being undertaken at the property
will not terminate the tenant's tenancy;
(2) A statement informing the tenants of their right to seek mitigation
from the property owner for nuisance conditions at the property, including,
but not limited to, noise, dust, vibrations, utility shut-offs and
other construction impacts. Mitigation measures may include, but are
not limited to, temporary rent reductions, quiet office space for
tenants working at home and temporary accommodations; and
(3) Any other information required by administrative regulations.
(c) The tenant notification shall provide the following information if
the project will require the temporary relocation of tenants:
A statement that the construction activity may require displacement,
but that to the greatest extent practicable, no tenant lawfully occupying
the property will be required to move without written notice from
the owner in accordance with this Chapter.
(d) In addition to the notice required by subsections
(a),
(b), and
(c) of this Section, if the projected construction period is thirty days or more, the owner shall post the property with a preprinted sign or signs prepared by the City measuring thirty inches by forty inches in size in a conspicuous location visible to tenants that include the information on where to file a complaint with the owner or owner representative and the City regarding any conditions at the property which any tenant considers to be unsafe, unsanitary, in violation of the City's technical or safety codes, or in violation of the applicant's construction means and method plan.
(Added by Ord. No. 1946CCS §
1, adopted 6/29/99; amended by Ord. No. 1962CCS § 1, adopted 11/16/99; Ord. No. 2512CCS § 2,
adopted 4/26/16; Ord.
No. 2537CCS § 9, adopted 3/28/17; Ord. No. 2585CCS § 2,
adopted 8/28/18)
Before receiving a permit for a project which requires an applicant to prepare a construction means and method plan pursuant to Section
8.100.010 of this Chapter, the applicant shall furnish security to the City in accordance with Section
4.36.140 of this Chapter.
(Added by Ord. No. 1962CCS §
1, adopted 11/16/99; Ord.
No. 2512CCS § 2, adopted 4/26/16; Ord. No. 2537CCS § 9,
adopted 3/28/17; Ord.
No. 2585CCS § 2, adopted 8/28/18)
(a) General. No person shall erect, construct, enlarge,
alter, repair, move, improve, remove, sandblast or convert the use
of any building, structure or building service equipment regulated
by this Code without complying with all conditions of any required
construction means and methods plan.
(b) Owner's Responsibility. The property owner shall remain
responsible for any violation of the construction means and method
plan regardless of the responsibility of any other person for the
violation or any contract or agreement the owner entered into with
a third party concerning the owner's property or the construction
that necessitated the preparation of the means and method plan. A
licensed contractor serving as the agent of the owner or as the applicant
for a permit may be held jointly responsible for violations of the
means and methods plan.
(Added by Ord. No. 2057CCS §
2, adopted 10/22/02; Ord.
No. 2512CCS § 2, adopted 4/26/16; Ord. No. 2537CCS § 9,
adopted 3/28/17; Ord.
No. 2585CCS § 2, adopted 8/28/18)
The Director shall have the authority to adopt administrative
regulations, consistent with the legislative purpose, to implement
the provisions of this Chapter.
(Added by Ord. No. 1962CCS §
1, adopted 11/16/99; Ord.
No. 2512CCS § 2, adopted 4/26/16; Ord. No. 2537CCS § 9,
adopted 3/28/17; Ord.
No. 2585CCS § 2, adopted 8/28/18)
(a) Any owner shall ensure that hazardous materials, such as mold or
asbestos, are properly handled and abated during any construction,
demolition or modification to any building.
(b) Whenever handling or abatement of hazardous materials, such as mold
or asbestos, is undertaken, the owner shall provide proof, to the
satisfaction of the Building Officer, that proper handling and/or
abatement procedures, performed by appropriately certified experts,
were followed, and that the site is safe for its intended occupancies.
(c) The City may reasonably engage the services of qualified experts,
at the owner's expense, to assist the City in evaluating the owner's
compliance with this Section.
(Added by Ord. No. 2537CCS §
9, adopted 3/28/17; amended by Ord. No. 2585CCS § 2, adopted 8/28/18)