The 1997 Edition and subsequent editions of the Uniform Code for Building Conservation Appendix, Chapter 1, "Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings," is hereby adopted and incorporated herein by this reference as if set forth in full. If there is any conflict between the Uniform Codes and this chapter, this chapter shall prevail unless contrary to law.
(Ord. 968 § 2, 2000)
A. 
Purpose.
The purpose and scope of this chapter is to reduce the risk of death or injury which might result from the effects of earthquakes on unreinforced masonry bearing wall buildings while preserving the historic character of the community. Such unreinforced masonry buildings have been widely recognized for their susceptibility to damage during moderate to strong earthquakes and recent seismic activity in California has proven this to be true.
The minimum standards for structural seismic reconstruction are adopted primarily to reduce the risk of loss of life, injury, and/or damage to an existing building that complies with these standards while taking into account the economic impact of such requirements.
This chapter shall not require existing electrical, plumbing, mechanical or fire safety systems to be altered unless they constitute a hazard to life or property.
Under the guidelines of this chapter, systematic procedures and standards are adopted for the identification and classification of unreinforced masonry bearing wall buildings based on their present use. At the same time, priorities, time periods and standards are also established for structural analysis and reconstruction.
B. 
Scope.
The provisions of this chapter shall apply to all unreinforced masonry buildings except one- and two-family dwellings and detached apartment houses of less than five dwelling units used solely for residential purposes.
(Ord. 968 § 3, 2000)
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this section or as otherwise specified in the Uniform Building Code, the 1997 Edition and subsequent editions of the Uniform Code for Building Conservation, Uniform Code for the Abatement of Dangerous Buildings, the State Historical Building Code, this chapter, or the Healdsburg Municipal Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:
A. 
"Engineering analysis"
shall mean the investigation, testing, design and calculations necessary to prepare construction plans to comply with the seismic retrofit provisions of this chapter.
B. 
"Designated historical building"
shall mean any building, structure or collection of structures, deemed of importance to the history, architecture, or culture of an area by an appropriate local, state or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.
C. 
"Engineer"
as used in this chapter shall mean any professional, civil or structural engineer who is licensed to practice engineering in this state.
D. 
"Significant work"
shall mean any modification, alteration, repair, improvement, conversion, remodel or addition to a structure identified as a potentially hazardous building, which exceeds 35 percent of the current appraised value of said building.
E. 
"Seismic retrofit"
shall mean all work necessary to comply with the requirements of this chapter.
F. 
"Potentially hazardous building"
shall mean any building constructed prior to the adoption of local building codes requiring earthquake-resistant design of buildings and constructed of unreinforced masonry wall construction. "Potentially hazardous building" includes all buildings of this type, including, but not limited to, public and private schools, theaters, places of public assembly, apartment buildings, hotels, motels, fire stations, police stations, and buildings housing emergency services, equipment, or supplies such as government buildings, disaster relief centers, communications facilities, hospitals, blood banks, pharmaceutical supply warehouses, plants and retail outlets. "Potentially hazardous building" does not include warehouses or similar structures not used for human habitation, except for warehouses or structures housing emergency services, equipment or supplies. "Potentially hazardous building" does not include any building having five living units or less. "Potentially hazardous building" does not include, for purposes of subdivision (a) of Section 8877, any building that qualifies as "historical property" as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code.
G. 
"Local building department"
means a department or agency of a city or county charged with the responsibility for the enforcement of local building codes.
H. 
"Appraised value"
shall mean the current market value as established by a certified real estate appraiser licensed to practice in the state of California.
I. 
"Historical building"
means any building designated as a historical building by an appropriate federal, state or local jurisdiction.
(Ord. 968 § 4, 2000)
Alterations or repairs to qualified historical buildings, as defined by Section 18955 of the Health and Safety Code of the state of California and as regulated by Sections 18950 to 18961 of that Code, as designated on official, national, state or local historical registers or inventories, shall comply with the State Historical Building Code (California Code of Regulations Title 24, Building Standards, Part 8), in addition to this chapter.
(Ord. 968 § 5, 2000)
Within 30 days from the adoption of this chapter, the building official shall notify in writing and deliver by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the persons, if any, in apparent charge or control of the building, that their building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the public notification standards and mitigation program requirements of this chapter. The order shall specify the time limits for compliance.
(Ord. 968 § 6, 2000)
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 Council within 60 days from the service date of the order.
(Ord. 968 § 7, 2000)
A. 
Public Notification. Within 30 days of notification as provided in HMC § 15.20.050, the building owner or agent shall post a notice in a conspicuous location acceptable to the building official, in or on the building. The notice must state the following in clear bold face type, one-half-inch minimum height letters:
EARTHQUAKE SAFETY WARNING!
THIS BUILDING CONTAINS UNREINFORCED MASONRY WALLS. THESE WALLS DO NOT COMPLY WITH BUILDING CODE REQUIREMENTS FOR EARTHQUAKE RESISTANT DESIGN AND MAY BE UNSAFE IN AN EARTHQUAKE.
City of Healdsburg Ord. No. 968
B. 
Mitigation Program. Significant work: When the valuation of any modification, alteration, repair, improvement, conversion, remodel or addition to the potentially hazardous building exceeds 35 percent of the current appraised value of the building, the potentially hazardous building shall be brought into compliance with the structural provisions of the Uniform Code for Building Conservation Appendix, Chapter 1, "Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings." Buildings designated as "historical buildings" by an appropriate federal, state or local jurisdiction may use the structural provisions of the State Historical Building Code.
The collective valuation of multiple building permits issued to the same building within any three-year period beginning on the effective date of the ordinance codified in this chapter shall be considered when determining if the valuation exceeds 35 percent of the current appraised value of a building as required above.
Time limits for mandatory compliance: By September 14, 2001, the building official shall issue an order to the owners of the buildings defined by this chapter as "potentially hazardous buildings"; the order shall state that they will be required to complete an engineering analysis, prepare seismic retrofit construction plans in conformance with the provisions of the 1997 Uniform Code for Building Conservation Appendix, Chapter 1, "Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings," and obtain a building permit no later than September 13, 2002. Work authorized by the seismic retrofit shall commence within one year from mandatory date of permit issuance (September 13, 2003). Work authorized by the seismic retrofit permit shall be completed and permit finalized by February 13, 2005.
C. 
Buildings Identified after Adoption of the Ordinance Codified in this Chapter. If, at any time after December 31, 2000, any building was determined by the building official to be within the scope of Ordinance No. 968, the building official shall send a notice by certified or registered mail to the owner as shown on the last equalized assessment roll, and to any other persons in apparent charge or control of the building, notifying them that their building has been determined to be within the scope of said ordinance and, therefore, is required to meet the seismic retrofit compliance requirements of the ordinance. The notice shall specify reasonable and appropriate time limits for compliance.
(Ord. 968 § 8, 2000; Ord. 1015 §§ 1, 2, 2004; Ord. 1016 §§ 1, 2, 2004)
At the time that the building official serves the aforementioned 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 comply with the public notification and mitigation program as described in this chapter.
If the building is either demolished, determined not to be a potentially hazardous building as defined by this chapter, or is structurally capable of resisting minimum seismic forces as a result of structural alterations or an analysis from a California licensed architect or engineer, the building official shall file with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.
(Ord. 968 § 9, 2000)
If the owner in charge or control of the subject building fails to comply with an order issued by the building official pursuant to this chapter within any of the time limits set by this chapter, 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 declare that the structure in question is a "dangerous building" per Section 301 of the Uniform Code for the Abatement of Dangerous Buildings. The building official shall order that the entire building be vacated, secured and maintained against entry as per Section 401 and 403 of the Uniform Code for the Abatement of Dangerous Buildings, and that the building remain vacated until such order has been complied with.
If a building constitutes an immediate danger to the life, limb, property or safety of the public or an adjacent structure, it may be ordered demolished by the building official.
Substandard buildings given notice as set forth in HMC § 15.20.050, which are not abated or vacated within the time limits set forth in this same section, shall be considered a public nuisance and a dangerous building and shall be vacated and/or abated in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings and HMC § 15.04.010. In addition to any other remedy provided herein, the City Council may cause any building not abated within the time limits set forth in HMC § 15.20.050 to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this chapter and place a lien on the property for all costs incurred in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings and HMC § 15.04.010.
(Ord. 968 § 10, 2000)
Any person, firm or corporation who or which violates any provision of this chapter as adopted by the ordinance codified herein, or any lawful order thereunder, is guilty of a misdemeanor as a separate offense for each and every day such person, firm or corporation violates or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so. Such misdemeanors are punishable as provided by the general law of this state.
(Ord. 968 § 11, 2000)