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HomeMy WebLinkAboutOrd 1157-1995ORDINANCE NO. 1157-95 AN ORDINANCE OF THE SOUTH SAN FRANCISCO CITY COUNCIL AMENDING CHAPTER 15.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO UNREINFORCED MASONRY BUILDINGS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1: Section 15.28.070 is hereby added to Chapter 15.28 of the South San Francisco Municipal Code to read as follows: 15.28.070 RETROFIT OF BUILDINGS. (a) Within seven (7) years from the date of adoption of this ordinance, the record owner of any property with an unreinforced masonry building shall submit plans for the proposed structural alterations of the building or plans for the demolition of the building for review and approval by the City, shall obtain building permits and shall commence and complete construction of the approved seismic retrofit alterations. (b) In addition to the requirements set forth in subsection (a), if at any time during the seven (7) year period identified in subsection (a), the record owner conveys by any means other than devise, intestate or probate to any other family member or through foreclosure, the property to any other person or entity, the person or entity acquiring the property shall, within six (6) months of the conveyance, submit seismic retrofit plans and upon City approval thereof, obtain building permits for the approved alteration work. The process identified in this section shall in no way alter the requirement that the complete retrofit must be completed within seven (7) years of the date of the adoption of this ordinance as set forth in subsection (a). (c) Ail alterations and repairs required to meet the provisions of this chapter shall comply with all applicable requirements of the Uniform Code for Building Conservation, specifically, Appendix Chapter 1 of the 1991 Uniform Code for Building Conservation, as amended. SECTION 2: Section 15.28.080 is hereby added to the South San Francisco Municipal Code to read as follows: 15.28.080 NOTICE AND ORDER - CONTENTS. 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 1 CENTRAL RECORDS =1~£ NO. //'~'~7-- /q;~'''~ 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 conditions, 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 (15) days from the date of service of the notice and order. Failure to appeal within fifteen (15) 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. SECTION 3: Section 15.28.085 is hereby added to the South San Francisco Municipal Code to read a follows: 15.28.085 SERVICE OF NOTICE AND ORDER OF THE CHIEF BUILDING INSPECTOR. 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 (1) copy of the Notice and Order shall also be served on each of the following: CENTRALRECORD~ the holder of any known mortgage or deed of 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 by the provisions of this section. SECTION 4: Section 15.28.090 is hereby added to the South San Francisco Municipal Code to read as follows: 15.28.090 ORDERS; SERVICE; APPEAL. (a) Any order issued by the Chief Building Inspector pursuant to this chapter, shall be served and recorded in the manner set forth in Section 15.28.130. (b) Any determination of the Chief Building Inspector may be appealed to the Building Appeals Board by any person having any record interest in the building, by filing a written notice of appeal with the Chief Building Inspector within fifteen (15) calendar days of the date such determination was mailed or personally delivered to the appellant. SECTION 5: Section 15.28.095 is hereby added to the South San Francisco Municipal Code to read as follows: 15.28.095 RECORDATION OF NOTICE AND ORDER. 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. SECTION 6: Section 15.28.100 is hereby added to the South San Francisco Municipal Code to read as follows: 15.28.100 RECORDATION ORDER. OF RESCISSION OF NOTICE AND If after 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. SECTION 7: Section 15.28.110 is hereby added to the South San Francisco Municipal Code to read as follows: CENTRAL R F..CORi;~ 15.28.110 FAILURE TO COMPLY; VACATION; DEMOLITION. 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 (90) 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. SECTION 8: SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 9: PUBLICATION & EFFECTIVE DATE This ordinance shall be published once, with the names of those City Councilmembers voting for or against it in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required bylaw, and shall become effective thirty (30) days from and after its adoption. CENTRAL. RECOR'D~ Introduced at a reqular meeting of the City of South San Francisco, held the 14th day of December , 1994. Adopted as an Ordinance of the .City of South San Francisco at a requ]ar meeting of the City Council of the City of South San Francisco, held the llthday of Qanuary , 1995, by the following vote: AYES: Councilmembers Jack Drago, Roberta Cerri Teglia and NOES: Mayor Robert Yee None ABSTAIN: Councilmember John-R. Penna ABSENT'. Councilmember Joseph A. Fernekes As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this llth day of January 1995. l~a~nv/.Ord 5 CENTRAL. RECOREI~ NO.