This Chapter establishes demolition criteria for all buildings
and structures damaged as a result of a disaster for which a local
emergency has been declared by the City Council to the degree to which
demolition is a viable alternative to repair.
(Ord. 747 § 4, 2022)
The provisions of this Chapter are applicable to all buildings
or structures regulated by the City following each disaster when a
local emergency has been declared. The Council may extend provisions
as necessary.
(Ord. 747 § 4, 2022)
For the purposes of this Chapter the following definitions apply:
means any natural occurrence which results in the declaration
of a disaster and includes windstorms, earthquakes, floods, etc.
is any building or structure included on the National Register
of Historic Places, the State Register of Historic Places or points
of interest, or a local register of historic places. Historic buildings
and structures shall also include those buildings and structures within
a recognized historic district wherein the specific building has historic
significance.
means conditions of extreme peril to the safety of persons
and property that may strike the City, caused by, but not limited
to: earthquakes, fire, flood, hazardous spills, civil unrest, epidemics,
storms, etc., for which the City Council has declared an emergency.
is the individual appointed by the Governor, pursuant to
Section 101(b)(1) of the National Historic Preservation Act of 1966,
as amended, to administer the State Historic Preservation Program.
(Ord. 747 § 4, 2022)
(a)
Within ten (10) days after the event, any building or structure determined
by the Building Official to represent an imminent hazard to public
health and safety, or to pose an imminent threat to the public right-of-way,
shall be condemned and immediately demolished. Such condemnation and
demolition shall be performed in the interest of public health and
safety without condemnation hearings otherwise required by the Municipal
Code.
(b)
If, after the specified time frame noted in subsection (a), any building or structure is determined by the Building Official to represent a hazard to the health and safety of the public, or which poses a threat to the public right-of-way, the Building Official shall duly notify the building owner and proceed with a condemnation hearing within fifteen (15) business days of the notice.
(c)
For any building or structure wherein the owner has decided to demolish
rather than repair, the owner or owner's representative shall
follow the established procedures to secure a demolition permit.
(Ord. 747 § 4, 2022)
(a)
Within five (5) days after the event, if any historic building or
structure is determined by the Building Official to represent an imminent
hazard to public health and safety, or to pose an imminent threat
to the public right-of-way, the Building Official shall notify the
State Historic Preservation Officer that one of the following actions
will be taken:
(1)
Whenever possible, within reasonable limits as determined by the
Building Official, the building or structure shall be braced or shored
in such a manner as to mitigate the hazard to public health and safety
or the hazard to the public right-of-way.
(2)
Whenever bracing or shoring is determined not to be reasonable, the
Building Official shall cause the building or structure to be condemned
and immediately demolished. Such condemnation and demolition shall
be performed in the interest of public health and safety without a
condemnation hearing as otherwise required by Municipal Code. Prior
to commencing demolition, the Building Official shall photographically
record the entire building or structure.
(b)
If, after the specified time frame noted in subsection (a), and less than thirty (30) days after the event, a historic building or structure is determined by the Building Official to represent a hazard to the health and safety of the public, or to pose a threat to the public right-of-way, the Building Official shall duly notify the building owner of his/her intent to proceed with a condemnation hearing within fifteen (15) business days of the notice. The Building Official shall also notify the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1966, as amended, of their intent to hold a condemnation hearing.
(c)
For any historic building or structure wherein the Building Official
and the owner have agreed to demolish the building or structure within
thirty (30) days after the event, the Building Official shall submit
to the Federal Emergency Management Agency, in accordance with the
National Historic Preservation Act of 1966, as amended, a request
to demolish. Said request shall include all substantiating data.
(d)
If, after thirty (30) days from the event, the Building Official
and the owner of a historic building or structure agree that the building
or structure should be demolished, such action will be subject to
the review process established by the National Historic Preservation
Act of 1966, as amended.
(Ord. 747 § 4, 2022)
The provisions of this Chapter may be appealed to the City Board of Appeals pursuant to Municipal Code Section 16.12.010. At the City Council's discretion, a Board of Appeals may be appointed by the City Council in accordance with the provisions set forth in Section 105 of the California Building Code to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code.
(Ord. 747 § 4, 2022)
