City of Carlsbad, CA UNREINFORCED MASONRY BUILDINGS

Whenever it is determined by the building official of the city or designee that a building falls within the criteria for a potentially hazardous structure, as defined by this chapter, and the structure is not exempted for local conditions as defined by California Health and Safety Code Section 18491.6(b), the building official and designee shall take steps to ensure that the provisions of the code relating to mitigation are carried out as follows:

Service of Order. The building official shall, if the property owner elects not to voluntarily participate under subsection (E)(5) of this section, issue an order as provided in this section to the owner of each building within the scope of this chapter. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the latest equalized assessment roll, and upon the person, if any, in apparent charge or control of the building.

Prior to the service of an order a bulletin may be issued to the owner as shown upon the latest 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 the ordinance codified in this chapter. The bulletin may contain information the building official deems appropriate. The bulletin may be issued by mail or in person.

Contents of Order. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards as designated in the code. The order shall be accompanied by a copy of subsection E of this section, which sets forth the owner's alternatives and time limits for compliance.

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 chapter to the City Council. Such appeal shall be filed with the City Clerk within 60 days from the date of service of the order described in this section. Appeals or requests for modifications from any other determinations, orders or actions by the building official may be appealed to the Community and Economic Development Director for a determination. In the event the owner is dissatisfied with the decision of the Community and Economic Development Director, the owner may appeal the decision to the City Council by filing with the City Clerk a written notice of appeal within 10 calendar days following the decision of the Community and Economic Development Director. The City Council shall thereupon set a hearing date for the hearing of such appeal, shall so notify the Community and Economic Development Director and the owner, and upon such hearing date or such dates to which the hearing may be continued, the City Council shall finally determine whether or not such requests or modifications from other determinations, orders or actions shall be approved or denied. The decision of the City Council shall be final.

Recordation of Order. At the time that the building official serves the order, the building official shall also file with the office of the County Recorder a certificate stating that the subject building is within the scope of this chapter 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 structurally alter it where compliance with the requirements set forth in this chapter have not been met. If the building is found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by the code as a result of structural alterations or an analysis, the building official shall file with the office of the County Recorder a notice terminating the status of the subject building as being classified within the scope of this chapter and the code.

Compliance Requirements.

The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in the code, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in the code, the owner shall cause it to be structurally altered to conform to such standards.

The owner of a building within the scope of this chapter shall comply with the requirements set forth in subsection (E)(1) of this section by submitting to the building official for review, the following information, within the stated time limits:

Within 270 days after service of the order, a structural analysis, which is subject to approval by the building official, which shall demonstrate that the building meets the minimum requirements of the code; or

Within 270 days after service of the order, the structural analysis and plans for structural alterations of the building to comply with the code; or

Within 120 days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section A110 of the code.

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 within the time limits set forth in Table A-1-G of this subsection. These time limits shall begin to run from the date the order is served in accordance with Section 18.07.030(A), except that the time limit to commence structural alteration shall begin to run from the date the building permit is issued. The building official may order compliance at an earlier date if the owner requests an earlier date in writing.

Table A-1-G Time Limits for Compliance
Required Action by Owner	Obtain Building Permit Within	Commence Construction Within	Complete Construction Within
Structural alterations or building	1 year²	180 days¹	3 years²
Wall anchors	180 days²	270 days²	1 year²

Notes:
1	Measured from date of building permit issuance.
2	Measured from date of service of order.

Owners electing to comply with paragraph (2)(c) of this subsection are also required to comply with paragraph (2)(b) of this subsection and all applicable time limits.

The owner of each building may commit to a voluntary program of compliance with the requirements of this chapter. The owner shall then take steps to ensure that the provisions of the code relating to mitigation are carried out as follows:

The owner shall notify the building official in writing within 30 days of the effective date of the ordinance codified in this chapter of the owner's intent to initiate a voluntary compliance program for mitigation of the building. Owners whose buildings are identified as falling within the criteria of this chapter after this period, shall notify the building official within 30 days of receiving notification advising him or her of the condition.

The owner shall then, within one year of the notice of intent to the building official, cause a structural analysis of the building to be made.

The structural analysis, which is subject to approval by the building official shall demonstrate that the building meets the minimum requirements of the code; or

ii.

The structural analysis shall include plans, which are subject to approval by the building official, for the structural alterations of the building to comply with the code; or

iii.

The structural analysis shall include plans, which are subject to approval by the building official, for the installation of wall anchors in accordance with the requirements specified in Section A110 of the code.

Owners electing to comply with paragraph (5)(b)(iii) of this subsection are also required to comply with paragraph (5)(b)(ii) of this subsection.

When the scope of necessary repairs is approved by the building official, the owner shall commit in writing to a schedule for repairs to be agreed upon by both the owner and the building official.

The building official may issue an order, as provided in this section, to owners not in compliance with the agreed upon time lines of the owners voluntary program.

Historical Buildings. Alterations or repairs to qualified historical buildings, as defined by Section 18955 of the Health and Safety Code of the state and as regulated by the State Historical Building Code (Health and Safety Code Sections 18950 et seq.), as designated on official national, state or local historical registers or inventories shall comply with the California Historical Building Code (California Code of Regulations Title 24, Building Standards Part 8), in addition to this chapter.

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 chapter or with 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 the entire building vacated until such order has been complied with.

Replacement of Nonconforming URM Buildings. Notwithstanding Chapter 21.48 of the Carlsbad Municipal Code, if any unreinforced masonry building (URM) which is within the scope of this chapter is determined to be nonconforming according to the development standards set forth in the Carlsbad Municipal Code, such building shall be allowed to be replaced with the same nonconforming use. This shall include building footprint, height, total square footage and on-site parking.

(Ord. 198 § 1, 1992; Ord. NS-303 § 1, 1995; Ord. CS-164 § 14, 2011)