The city of South San Francisco is located in a geographic area of high seismic risk, due to its proximity to both the San Andreas and Hayward faults and may reasonably be expected to experience moderate to severe groundshaking in the event of a significant local earthquake. Such groundshaking could result in serious injury or loss of life due to damage or collapse of buildings. Historically, unreinforced masonry buildings have been shown to be especially vulnerable. The purpose of this chapter is to promote public safety and welfare by identifying those buildings in the city which exhibit structural deficiencies in their capacities for earthquake resistance and by determining the severity and extent of those deficiencies in relation to their potential for causing injury or loss of life.
(Ord. 1084 § 1, 1990)
(a) 
The provisions of this chapter shall apply to all unreinforced masonry buildings constructed or under construction prior to 1946, including, but not limited to, buildings which have unreinforced masonry bearing walls or nonductile concrete frames with unreinforced masonry walls or partitions, and which have been identified as such by the city council pursuant to Government Code Section 8875 et seq.
(b) 
This chapter shall not apply to:
(1) 
Detached one-or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes;
(2) 
Buildings used solely for warehouse purposes, unless used for emergency services or supplies;
(3) 
A detached structure containing less than five dwelling units and warehouse space;
(4) 
Buildings which have already been structurally upgraded in substantial accordance with either the 1973, or later, edition of the Uniform Building Code or the City of Los Angeles Division 88 Standard for URM Buildings.
(Ord. 1084 § 1, 1990)
For the purpose of this chapter the definitions in the 1988 Uniform Building Code and the following shall apply:
“Civil engineer or structural engineer”
means a licensed civil or structural engineer registered by the state pursuant to the rules and regulations of Title 16, Chapter 5 of the Code of California Regulations.
“Nonductile concrete frame with unreinforced masonry walls”
means buildings which utilize a non-ductile concrete frame and incorporate interior or exterior infill walls, interior partitions, shaft walls or structural walls of unreinforced masonry.
“Unreinforced masonry bearing walls”
means masonry walls having all of the following characteristics:
(1) 
Provide the vertical support for a floor or roof;
(2) 
Have a total superimposed load over one hundred pounds per linear foot;
(3) 
Have an area of reinforcing steel less than fifty percent of that required by the Uniform Building Code, 1988 Edition.
(Ord. 1084 § 1, 1990)
(a) 
Building Owner Notification.
(1) 
General. Owners of buildings which have been identified as being included in the scope of this program shall be notified by December 31, 1990, by order by the building division.
(2) 
Contents and Service of Order. The written order shall specify that the building has been determined by the chief building inspector to be within the scope of this chapter and, therefore, that the owner is required to comply with the provisions of this chapter. A summary of the requirements shall be provided. The order shall be served either personally or by certified or registered 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. If service cannot be accomplished personally or by mail, an application can be made to the court to permit service by publication.
(b) 
Appeal. The owner of the building may appeal the initial determination that the building is within the scope of this chapter to the board of appeals established by the Uniform Building Code. Such appeal shall be filed with the board within sixty days from the service date of the order. Within thirty days of the filing of an appeal a hearing date shall be set. A hearing may be continued if necessary. Any such appeal shall be decided by the board no later than thirty days after the close of the hearing and the grounds thereof shall be stated clearly and concisely in writing. Appeals or requests for modifications from any other determinations or actions made or taken pursuant to this chapter shall be made in accordance with the procedures established in the Uniform Building Code. An appeal shall not extend the time periods for compliance specified in this chapter.
(c) 
Owner’s Duties.
(1) 
General. The owner of each building coming within the scope of this chapter shall, upon service of an order, cause a structural analysis to be made of the building by an engineer or architect licensed by the state, as specified in Section 15.28.060, and shall submit the report to the chief building inspector by February 29, 1992.
In the alternative, the owner of a building shall submit to the chief building inspector by February 29, 1992, evidence that the use of the building has been changed to and will remain in an exempt status, as defined in Section 15.28.020 (b).
The owner of the building may appeal the determination of the chief building inspector to the board of appeals established by the Uniform Building Code.
(2) 
Building Tenant Notification. The owner shall notify all current tenants, in writing, that a structural investigation has been performed and that the report is available at the building division offices. This notice must be sent within thirty days of the date the report is submitted to the city. Whenever there is a change in tenancy, the owner shall notify prospective new tenants, in writing, that a structural investigation has been performed and that the report is available at the building division offices prior to the time a lease is executed.
(Ord. 1084 § 1, 1990)
(a) 
Responsibility. A civil or structural engineer or architect licensed by the state shall prepare the investigation and engineering report. The purpose of this report is to investigate, in a thorough and unambiguous fashion, a building’s structural systems that resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a structural failure (collapse or partial collapse). Each building shall be treated as an individual case without prejudice or comparison to similar type or age buildings which may have greater or lesser earthquake resistance. Generalities or stereo-types are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed.
It is the responsibility of the engineer performing the evaluation to choose the appropriate level of investigation which will produce a report that is complete and can serve as a sound basis for a conclusion on the collapse hazard the building may present.
(b) 
Format for the Report. The following is a basic outline of the format each engineering report should follow. This outline is not to be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required may be accomplished. It also will serve as a means for the city to evaluate the completeness of each report.
(1) 
General Information. A description of the building including: (i) the street address; (ii) the type of occupancy use within the building, with separate uses that generate different occupant loads indicated on a plan showing the square footage of each different use; (iii) plans and elevations showing the location, type and extent of lateral force resisting elements; (iv) a description of the construction materials used in the structural elements and information regarding their present condition; (v) the date, if known, of original construction, and the date, if known, of any subsequent additions or substantial structural alterations of the building; and (vi) the name and address, if known, of the original designer and contractor, and the name and address, if known, of the designer and contractor, for any subsequent additions and substantial structural alterations.
(2) 
Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report.
(3) 
Conclusions. Based on the demand/capacity ratio a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building’s lateral force resisting system regarding potential collapse or partial collapse failure.
(4) 
Recommendations. The preparer of the report shall specify an appropriate solution which could be used to strengthen the structure to alleviate any collapse or partial collapse threat and which reasonably protects the safety of the tenants and the general public.
(5) 
Summary. Each report shall contain a summary in lay language of the conclusions and recommendations and an estimate of the magnitude of costs involved.
(c) 
Review and Acceptance of Reports. The city shall review and accept all reports which meet the requirements and purposes of this chapter. If necessary, the city may utilize the services of civil or structural engineers to assist the building division in determining if the submitted engineering reports conform to the requirements and purposes of this chapter. If the chief building inspector determines that the report does not conform that decision may be appealed pursuant to the procedures in subsection (b) of this section.
(d) 
Voluntary Retrofit. Should the owner of any building coming within the scope of this chapter voluntarily decide to retrofit the building, the retrofit shall be done in compliance with the engineers plan approved by the city.
(Ord. 1084 § 1, 1990)
It is unlawful to fail to comply with the provisions of this chapter. Violation constitutes a misdemeanor, punishable as provided in Chapter 1.24 of this code. In addition, as an alternate or cumulative remedy, the city may pursue any civil remedies available under the law.
(Ord. 1084 § 1, 1990)
(a) 
Within seven years from the date of adoption of the ordinance codified in this section, the record owner of any property with an unreinforced masonry building shall submit plans for the proposed structural alterations of the building or plans for the demolition of the building for review and approval by the city, shall obtain building permits and shall commence and complete construction of the approved seismic retrofit alterations.
(b) 
In addition to the requirements set forth in subsection (a) of this section, if at any time during the seven-year period identified in subsection (a) of this section, the record owner conveys by any means other than devise, intestate or probate to any other family member or through foreclosure, the property to any other person or entity, the person or entity acquiring the property shall, within six months of the conveyance, submit seismic retrofit plans and upon city approval thereof, obtain building permits for the approved alteration work. The process identified in this section shall in no way alter the requirement that the complete retrofit must be completed within seven years of the date of the adoption of said ordinance as set forth in subsection (a) of this section.
(c) 
All alterations and repairs required to meet the provisions of this chapter shall comply with all applicable requirements of the Uniform Code for Building Conservation, specifically, Appendix Chapter 1 of the 1991 Uniform Code for Building Conservation, as amended.
(Ord. 1157 § 1, 1995)
Whenever the chief building inspector determines by inspection or on the basis of engineering reports submitted pursuant to Section 15.28.050 that any building or portion thereof constitutes an unreinforced masonry building pursuant to the provisions of this chapter or a public nuisance as defined in Section 15.28.110, he or she shall initiate proceedings to cause the repair, vacation or demolition thereof. The chief building inspector shall issue a notice and order directed to the record owner of the building which notice and order shall contain:
(a) 
The street address and a legal description sufficient for identification of the premises upon which the building is located;
(b) 
A statement that the chief building inspector has found the building to constitute an unreinforced masonry building or a public nuisance and a brief and concise description of the conditions supporting such finding;
(c) 
A statement of the action necessary to correct such condition, and if the conditions cannot be corrected by repair and the building must be demolished, the reasons why the conditions cannot be corrected by repair;
(d) 
A statement that the required work must be commenced within the time frame set forth in the notice and order and a statement that such work must be completed within the appropriate time frame as set forth in Section 15.28.070;
(e) 
A statement advising that if any required repair or demolition work is not commenced within the time specified, the chief building inspector: (i) will order the building vacated and post it to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the cost thereof against the property or its owner;
(f) 
A statement advising that any person having any record title or legal interest in the building may appeal from the notice and order of the chief building inspector, in the manner set forth in Section 15.28.090 within fifteen days from the date of service of the notice and order. Failure to appeal within fifteen days of the date of service of notice and order shall constitute a waiver of all rights to an administrative hearing and determination of the matter.
(Ord. 1157 § 2, 1995)
The notice and order shall be served upon the record owner, in the manner hereinafter stated, and posted conspicuously on the property. To the extent that the city can, through reasonable efforts, obtain the appropriate addresses, one copy of the notice and order shall also be served on each of the following: the holder of any known mortgage or deed or trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the building or the land upon which it is located. The failure of the chief building inspector to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any other person duly served or relieve any such person of any duty or obligation imposed on him or her by the provisions of this section.
(Ord. 1157 § 3, 1995)
(a) 
Any order issued by the chief building inspector pursuant to this chapter, shall be served and recorded in the manner set forth in Section 15.28.130.
(b) 
Any determination of the chief building inspector may be appealed to the building appeals board by any person having any record interest in the building, by filing a written notice of appeal with the chief building inspector within fifteen calendar days of the date such determination was mailed or personally delivered to the appellant.
(Ord. 1157 § 4, 1995)
At the time the notice and order is served, the chief building inspector shall cause to be filed with the office of the county recorder a certificate of substandard structure, setting forth the determination of the chief building inspector and the requirements imposed by the notice and order.
(Ord. 1157 § 5, 1995)
If after the issuance and service of the notice and order, a building is determined, by the chief building inspector to not be subject to the requirements of this chapter, the chief building inspector shall file with the office of the county recorder a certificate rescinding the notice and order and finding the building not to be subject to the requirements of this chapter.
(Ord. 1157 § 6, 1995)
Should the record owner fail to comply with the orders described in Section 15.28.070 or with any other orders issued by the chief building inspector pursuant to this chapter, the chief building inspector may order the entire building vacated until the order has been complied with. If the building is not vacated within ninety days after the date of the order, the building may be deemed a public nuisance and the chief building inspector may order the demolition of the building.
(Ord. 1157 § 7, 1995)