It is found that in the event of a strong or moderate local earthquake, loss of life or serious injury may result from damage to or collapse of buildings in the city of Benicia. It is generally acknowledged that Benicia will experience earthquakes in the future due to its proximity to both the San Andreas and Hayward faults. The purpose of this chapter is to promote public safety by identifying potentially hazardous buildings in Benicia which are not earthquake resistant by reason of structural deficiencies. The city council finds that the existence and occupancy of potentially hazardous buildings constitute a threat to public safety in the event of earthquake of moderate to high magnitude. The city council finds that the public safety is served by identifying potentially hazardous buildings and providing for notification of legal owners and their tenants that the building is considered to be one of a general type that historically has exhibited little resistance to earthquake motion. Such a seismic hazards identification program is consistent with the State Unreinforced Masonry Law of 1986.
(Ord. 25-11 § 1)
For the purposes of this chapter:
"Bearing wall"
means any wall supporting a floor or roof where the total superimposed load exceeds 100 pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over six feet in height.
"Civil engineer or structural engineer"
means a licensed civil or structural engineer registered by the state of California pursuant to the rules and regulations of Title 16, Chapter 5 of the California Administrative Code.
"Future occupant"
means each successive building tenant who was not in possession at the time the building owner originally notified tenants as required by BMC § 15.60.050, but who subsequently became a building tenant.
"Potentially hazardous building"
means 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 identification, any building which qualifies as "historical property" as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code.
"Tenant"
means all building tenants who were in possession at the time the building owner was required to notify building tenants as required by BMC § 15.60.050.
"Unreinforced masonry (URM) building"
means any building containing walls constructed wholly or partially with any of the following materials:
1. 
Unreinforced brick masonry;
2. 
Unreinforced concrete masonry;
3. 
Hollow clay; and
4. 
Adobe or unburned clay masonry.
(Ord. 25-11 § 1)
The building safety division shall inspect all "potentially hazardous buildings" constructed of unreinforced masonry (URM) to create a list of potentially hazardous buildings which by nature or extent of structural deficiencies could result in collapse or partial collapse of the building or by nature or extent of deficiencies in anchoring of external hazards in collapse or partial collapse of the building.
(Ord. 25-11 § 1)
The owners of buildings, except those designated as historic buildings, shall be notified on or before July 31, 1990, by the building safety division of the city that: (A) their building is considered to be a potentially hazardous building because of the nature or extent of structural deficiencies or deficiencies in anchoring which could result in collapse or partial collapse of the building in a moderate to severe earthquake; and (B) the owner must give notification to building tenants and future occupants as required by BMC § 15.60.050. Said notice from the building safety division of the city to owners as required in this section shall be referred to as a "BMC § 15.60.040 notice" and said notice from owners to building tenants and future occupants shall be referred to as a "BMC § 15.60.040 notice." A BMC § 15.60.040 notice from the building safety division to owners shall include a copy of BMC § 15.60.050 with said notice to owners and advise the owners that failure to comply with BMC § 15.60.050 is a misdemeanor.
(Ord. 25-11 § 1)
A. 
Notification of Building Tenants. A building owner shall notify all tenants, in writing, within 30 days of receipt of a BMC § 15.60.040 notice from the city, that their building may be potentially hazardous and is considered to be one of a general type that historically has exhibited little resistance to earthquake motion. A building owner who has received a BMC § 15.60.040 notice shall notify all future occupants that the building is potentially hazardous. Said notice to future occupants shall (1) be given at least 10 days before a future occupant has physically occupied the premises; and (2) shall contain the notice that the building may be potentially hazardous and is considered to be one of a general type that historically has exhibited little resistance to earthquake motion.
B. 
Notification of the City of Benicia. A building owner shall deliver to the city clerk, within five days after each tenant is notified by the building owner that their building may be potentially hazardous, copies of each written notification given to building tenants and future occupants as required by subsection (A) of this section.
(Ord. 25-11 § 1)
The building official shall submit a semi-annual narrative report to the city council on the status of the seismic hazards identification program, which shall also describe (A) by street address the location of each of the buildings identified by the building safety division as potentially hazardous; and (B) any actions taken by owners of each building, including copies of letters received by the city sent pursuant to BMC § 15.60.050.
(Ord. 25-11 § 1)
The building official shall submit a report to the State Seismic Safety Commission which shall include the following:
A. 
A listing of the number of buildings identified and the total square footage and use of each building;
B. 
A summary of the mitigation program implemented by the city with copies of the program and any ordinances attached to the report;
C. 
A summary of the status of the mitigation program listing the number of building owners notified;
D. 
Suggestions regarding how the state program could be improved.
(Ord. 25-11 § 1)
It is unlawful for the owner of a building, who has been notified by the building safety division of the city pursuant to BMC § 15.60.040, to fail to give notice to the tenants or to future occupants of the building that the building may be potentially hazardous in the manner required by BMC § 15.60.050(A).
Before any action shall be taken by the city to enforce a violation of this chapter, the owner of the building shall be given written notice of the violation. The notice of violation shall be delivered either personally or by certified mail. When delivered by certified mail, the notice shall be addressed to the last known address of the owner of the building and a notice shall also be addressed to the address shown on the county tax assessment rolls if different from the last known address, or if the address of the building owner is unknown then only to the address shown on the county tax assessment rolls. The building owner shall have 10 days from the date of personal service of the written notice of violation, or 15 days from the date of mailing of the written notice of violation, to give actual notice to the tenants that the building is potentially hazardous, as required by BMC § 15.60.050(A), and to deliver a copy of the written notice to the city clerk, as required by BMC § 15.60.050(B). No action to enforce a violation of this chapter shall be taken by the city if the owner gives said notice and delivers to the city a copy of said written notice within said time periods.
(Ord. 25-11 § 1)