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)
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.
“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)
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)
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)
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)