§ 5.04.080. California Existing Building Code.

5.04.081 Adopted by reference.

The California Existing Building Code 2016 Edition ("CEBC"), published by the California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936, is hereby adopted by reference, subject to the amendments, additions and deletions hereinafter set forth as the City's codes for existing buildings.

5.04.082 Amendments, additions and deletions.

After due consideration, the City Council finds that as a result of existing local climatic, geological, or topographical conditions that amendments, additions, and deletions to the CEBC are reasonably necessary to provide sufficient and effective levels of safety for the protection of life, health and property. Therefore, the CRC is amended, added to, or deleted from, as set forth below:

(A)

Section A102.1 is amended to read as follows:

A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A1-A. Except as provided herein, other structural provisions ofthe building code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing, mechanical or fire safety systems.

Exceptions:

1.

Warehouses or similar structures not used for human habitation unless housing emergency equipment or supplies.

2.

A building having five living units or less.

(B)

Administrative Provisions is added to read as follows:

A115.1 Compliance requirements. The city's building stock and records were surveyed to identify building within the scope of this chapter, and said building owners were notified of the determination by notice and order sent by certified mail. The owner of a building within the scope of this chapter shall cause a structural analysis of the building to be made either by California-licensed engineer or architect. The engineer or architect may provide sufficient evidence to establish that the building is not within the scope of this chapter, subject to the approval of the building official.

The owner of a building subject to this chapter shall:

1.

Submit a structural analysis, plans and building permit application for alterations required to conform with this chapter by January 1, 2010.

2.

Obtain a building permit for alterations required to conform with this chapter by July, 2010.

3.

Alter the building to conform to the provisions of this chapter where additions or alterations exceed 25 percent of the existing floor area of the building. Cumulative additions shall be considered when determining whether the 25 percent threshold has been exceeded. Any addition made after January 1, 2008 shall be considered.

A115.1.1 Subsequent determinations. Where a building, not otherwise identified in the original inventory of buildings, is determined to be within the scope of this chapter, the owner shall structurally alter the building to comply with this chapter within 180 days of receipt of a notice and order, or as otherwise determined by the building official.

A115.2 Notice and Order.

A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter.

A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and 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. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.

A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.

A115.3 Appeal. 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 Board of Appeals established by Section 113 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in the California Building Code.

A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record 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 will be ordered to structurally analyze the building to determine compliance with this chapter.

If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record 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.

A115.5 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 within the time limit set forth in Section A115.1, 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 following provisions apply:

1.

The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the International Property Maintenance C.

2.

Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1, Title 1 of the City of Fillmore Municipal Code.

(Ord. No. 11-826, 4-12-2011; Ord. No. 16-870, § 19, 20, 1-10-2017)