HomeMy WebLinkAboutOrdinance #2362 ORDINANCE NO. 2362
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO CHAPTER 17.16 ENTITLED,
"EARTHQUAKE HAZARD REGULATIONS," CONTAINING
PROVISIONS FOR REHABILITATION OR DEMOLITION
OF EXISTING BUILDINGS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto Chapter 17.16 entitled, "Earthquake
Hazard Regulations" to read as follows :
17.16 .010 Title. This chapter shall be known as the
"Huntington Beach Earthquake Hazard Regulations-. It
17,11. 021 Findings and purpose. (a) The city of
Huntington Beach is located in one of the potentially most
active seismic areas. Southern California has been identi-
fied in the Uniform Building Code as Seismic District 4
which imposes the most severe seismic design criteria of all
the seismic districts. Evidence demonstrates that the
greatest single threat to life and property is the unre-
inforced masonry buildings constructed prior to state code
requirements for earthquake design adopted as a result of the
Southern California earthquake in 1933.
Unreinforced masonry buildings were mostly built using
lime mortar without reinforcing materials tying various build-
ing components together. Lime mortar deteriorates with time
and weather thereby losing its ability to bond masonry units
together and to resist any type of stress .
(b) The purpose of this chapter is to define a system-
atic procedure for identifying and assessing earthquake-
generated hazards associated with certain existing buildings
within the city and to develop a flexible, yet uniform and
practical procedure for correcting or reducing those hazards
to tolerable hazard levels. Nothing in this chapter shall
preclude or affect the assessment and abatement, pursuant
to existing laws , of other hazards which may involve fire,
exits , plumbing, electrical, and other such conditions in
existing buildings.
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17.16.030 Scope . This chapter shall apply to all buildings
having exterior walls of concrete, clay tile, brick or other
masonry, and not specifically designed and constructed to resist
seismic forces , as determined by the building official in ac-
cordance with the criteria set forth in this chapter and other
applicable ordinances and laws.
17. 16.040 Prima facie hazard grading. All buildings covered
by this chapter shall be inspected and graded in accordance with
the provisions set forth herein, such inspection to determine the
relative prima facie earthquake hazard associated with same, and
such grading to establish a priority for subsequent correction.
Grading shall consist of an evaluation based upon an examination
of the building plans, specifications or reports that are available,
and a detailed inspection of the building. Said evaluation shall
include an analytical evaluation which will determine the resis-
tance to earthquake forces of the primary structural system of the
building. The analysis shall be based insofar as possible on the
same procedures and assumptions used in seismic design of new
buildings and, for purposes of evaluation, shall consist of a
comparison of the seismic resistance of the existing building to
the seismic resistance required of a new building designed and
constructed under the Huntington Beach Building Code, and other-
wise identical to the existing building insofar as location, use,
configuration, structural system and materials of construction
are concerned. Such compa ison can be expressed in terms of a
resistive capacity ratio, S, defined as follows :
RS = VCAP
VREQ
Where VCAP is the actual lateral force resistive capacity of the
particular existing building, calculated for the critical Vmode
of failure of a significant portion of the building, and REQ
is the required lateral force resistive capacity of the same
structure calculated for those specified earthquake conditions
set forth in the Huntingdon Beach Building Code. The actual
lateral force capacity, CAP, of existing buildings shall be
computed using those values and procedures set forth in a speci-
fication entitled, "Specifications for Assessing the Capacity
of Unreinforced Masonry Buildings," prepared by the building
official, and on file in the department of development services.
17.16 .050 Eleme5ts of grading. Assessment of the resis-
tive capacity ratio, S, shall take into account the following
elements :
(a) Stability of the wall system and vertical framing;
(b) Horizontal diaphragm and/or bracing system;
2.
(c) Connections;
(d) Shear resisting elements;
(e) Special hazards , either structural or nonstructural.
Assignment of a building to a particular hftzard grade shall
be determined by the resistive capacity ratio, S, as defined
in this chapter.
17.16.060 Hazard grades--Assignment. Assignment shall be
in one of the following three hazard grades if the capacity of
the building has been determined to be less than that required
under the Huntington Beach Building Code :
Grade I - Excessive hazard
Grade II - High hazard
Grade III - Intermediate hazard
17.16.070 Hazard grades--Placement of buildings. Resistive
capacity ratio limits determining placement of a building in par-
ticular hazard grades are as follows :
Grade I - Excessive hazard: those structures having a resis-
tive capacity ratio, S, of 0. 20 or less.
Grade II - �igh hazard: those structures having a resistive
capacity ratio, S, greater than 0. 20 but not greater than 0. 50.
Grade III - IntermediatR hazard: those structures having
a resistive capacity ratio, S, greater than 0. 50 but not greater
than 0. 75.
If an assessment results in a resistive capacity ratio, RS,
greater than 0. 75 or if a repair is accomplished to effect con-
formance with the seismic requirements of the Huntington Beach
Building Code, the building shall be deemed as having no hazards
and shall be so classified.
17.16. 080 Immediate hazard. In addition to evaluation of
the primary structural systems, any structural or nonstructural
element of the building, including parapets , ornamentation or
other appendages attached to the building or any structural or
nonstructural architectural, mechanical or electrical system
that is determined by reason of lack of attachment, anchorage
or condition, to become imminently dangerous to the life, limb,
property or safety of the public or occupants of a building
shall be classed as an immediate hazard. Any immediate hazard
identified in buildings classified as "high" or "intermediate"
hazard shall be treated as an "excessive" hazard and shall be
abated under the procedures established for "excessive" hazard.
3.
17 .16. 090 Notice and orders of building official. When
grading buildings has been accomplished, owners and interested
parties shall be notified of;
(a) The hazard grade in which their building has been
placed in accordance with section 401 (c) , (d) and (e) , Chapter 4
of the Uniform Code for the Abatement of Dangerous Buildings ,
adopted by the city council of the city of Huntington Beach,
and incorporated in the Huntington Beach Municipal Code as
Chapter 17 .12.
(b) The need for corrective action as specified in this
chapter.
Such notice shall also include the procedure to be fol-
lowed set forth in Chapter 5, Appeal, tt of the Uniform Code
for the Abatement of Dangerous Buildings , if the owner is in
disagreement with the grading. Finally, the notice shall state
that the grade assigned will be recorded with the county re-
corder after sixty days unless a change in grade has been
initiated as required by this chapter.
17. 16.100 Corrective action. Owners of buildings that
have been graded shall be given notice of the need for correc-
tive action. Such notification shall be by a form approved by
the building official .
Owners of buildings that have been graded Grade I -
Excessive hazard, shall, within 180 days from the date of the
notice, file with the building official a plan of action for
reducing the earthquake hazard associated with such buildings
to an acceptable level . Owners of buildings that have been
graded Grade II — High hazard, shall file such plan of action
within 180 days from the date of the notice. Owners of build-
ings that have been graded Grade III - Intermediate hazard,
shall file such plan of action within 365 days from the date
of notice.
17.16.110 Plan of action--Extension of time. The speci-
fied time for filing the plan of action may be extended by the
building official for good cause shown in writing for an ex-
tension not to exceed that period of time originally specified
in this chapter for filing the plan of action. Such request
for extension shall be filed with the building official not
less than seven days prior to the deadline for filing the re-
quired plan of action. Only one such extension of time shall
be granted. Any such request for an extension of time shall be
signed by the owner of the building and shall contain a state-
ment of the owner 's contemplated action, his progress toward
such contemplated action up to the time of the request , an esti-
mate of the time needed to complete the required plan of action,
4.
and the name and address of the engineer or architect, if any,
retained by the owner.
17.16.120 Hazard classification--Removal from. Buildings
that have been graded Grade I - Excessive hazard shall be re-
moved from that hazard classification not later than two years
from the date of the notice. Buildings that have been graded
Grade II - High hazard shall be removed from that hazard classi-
fication not later than three years from the date of the notice.
Buildings that have been classified Grade III - Intermediate
hazard shall be removed from that classification not later than
five years from the date of the notice. Removal of the building
from the hazard classifications may be accomplished by appro-
priate repair, rehabilitation, increasing the lateral force re-
sistance to the required level, demolition and removal or other
methods permitted by this chapter.
17. 16.130 Repair and strengthening measures--Plans for.
In the event the proposed plan of action contemplates repair or
some method of removing the building from the hazard classifi-
cations other than demolition and removal, the owner shall file
with the building official, not later than 120 days from the
deadline for filing his plan of action, structural plans delin-
eating the proposed repairs or strengthening measures which will
increase the lateral force resistance capability of the building
to the required level . Information as to the magnitude of the
lateral force resistance capability of the building in its exist-
ing condition, as well as information as to proposed repairs or
strengthening measures intended to increase the lateral force re-
sistance capability, shall be prepared by a structural or civil
engineer or architect, licensed under the laws of the state of
California to practice such profession.
17. 16.140 Repair and strengthening measures--Extension of
time. An extension of the aforesaid 120 days may be granted
for good cause shown by requesting same in writing with the
building official at least seven calendar days prior to the
expiration of the said 120 days . Such request shall be accom-
panied by a written statement explaining the reason for such
an extension and an estimate of the date on which plans will
be completed, the degree to which plans have already been com-
pleted, and other information which will document the fact
that work is progressing.
17. 16.150 Demolition and removal--Plans for. In the
event demolition and removal is contemplated, a date certain for
such demolition and removal shall be submitted to the building
official for evaluation and approval.
17.16.160 Change of hazard grade. Buildings placed in
5.
a particular hazard grade may be changed to a lesser grade if
corrective repairs are undertaken and accomplished. Hazard
grading may also be changed when competent engineering data
are submitted substantiating such a change. Such data may con-
sist of analytical assessments , tests , or other data substan-
tiating a higher resistive capacity ratio . Corrective repair
plans or data substantiating a change in hazard grade shall
be prepared by a structural or civil engineer or architect li-
censed under the laws of the state of California to practice
such profession. Partial repair designed to correct or strengthen
individual or critical elements of a building will be permitted
provided a suitable plan indicating the method of total and
eventual correction and the schedule of expected dates of cor-
rection are submitted and the method of eventual correction is
approved. Buildings so repaired will be regraded reflecting
repairs so accomplished.
Buildings changed from one hazard grade to a lesser hazard
grade shall be subject to the time limitations for removal from
the lesser hazard classification as required therefor; however,
such time period shall be measured from the date of the first
notice of hazard grade classification as provided in this
chapter.
17.16.170 Complete repair. Complete repair and removal
from any hazard classification will be deemed to have been
accomplished when the building has been repaired in accord-
ance with the provisions for repair to remove structures from
hazard classifications in the "Specifications for Assessing
the Capacity of Unreinforced Masonry Buildings. "
17.16. 180 Notice to county recorder. Upon expiration
of the prescribed period after notification to owners and in-
terested parties of the hazard grade in which their building
is being placed, and if such hazard grade has not been changed
or required data substantiating a change has not been submitted
as provided in this chapter, the building official shall pre-
pare and cause to be recorded with the county recorder a certi-
ficate stating that the building has been graded and assigned
the particular hazard grade determined under the provisions of
this chapter. When and if all required repairs are made to the
building and it is removed from the hazard grade, or certain
corrective action is taken to change it to a different grade,
the building official shall cause to be recorded with the
county recorder a certificate indicating the removal from said
hazard grade or reflecting a change to a different grade.
17. 16.190 Enforcement of order--Application to board
of appeals. In the event the owner of a building is notified,
as provided in this chapter, and a plan of action satisfactory
6.
to the building official is not presented within the prescribed
period after said notice has been served or within such ex-
tension of time as may have been granted in writing by the
building official; or if the proposed plan of action, contem-
plated repair, or some action other than demolition and removal
has not been submitted and agreed upon by the building official
within the time periods specified in this chapter, or within
such extension of time as the building official may have granted,
then the building official shall apply in writing to the Huntington
Beach board of appeals for an order declaring the building to be a
nuisance or a dangerous building, and ordering the certificate of
occupancy to be revoked, or that the building be demolished or re-
paired in a manner satisfactory to the building official, all by
a date certain. Said written application shall set forth in the
form of factual allegations all facts which, if proved, are
necessary to justify an order to repair or demolish including,
but not limited to, the following:
(a) The location and legal description of the building;
(b) A conckse calculation sheet indicating the resistive
capacity ratio, S, for each of the elements of the structural
system;
(c) The structure' s present use;
(d) The date upon which the owner of the building was
notified pursuant to the requirements of this chapter;
(e) A statement as to whether the owner of the building
has submitted a plan of action as required by this chapter;
(f) The date certain by which the building must be re-
paired or demolished, in the building official ' s opinion, in
order to keep the earthquake hazard associated with it at or
below the applicable tolerable level .
A copy of said written application shall be mailed by certi-
fied United States mail to owners and interested parties to whom
the first notice was mailed.
17.16.200 Board of appeals hearing. In the event the
owner of the building files an appeal, or the building official
files an application, a date and time for a hearing before the
board of appeals shall be set by the building official in
accordance with the provisions of Chapter 5 of the Uniform
Code for the Abatement of Dangerous Buildings , as adopted by
the city council and incorporated in the Huntington Beach
Municipal Code as Chapter 17.12.
Such hearing shall be held in accordance with the appli-
7.
cable provisions of Chapter 6 of said code.
17.16. 210 Enforcement of board of appeals order. (a) In
the event the board of appeals orders a building demolished
immediately upon the effective date of its order, the build-
ing' s owner shall arrange for the vacation and demolition of
said building within sixty days after notice to the owner of
the board's order unless such order is modified, reversed or
stayed by a court of competent jurisdiction. Should the build-
ing's owner fail to inform the building official within five
days after notice of the board's order that such arrangements
have been made or should the owner's scheduled demolition not in
fact be completed within the aforesaid sixty-day period, then
the building official may arrange for the demolition of the sub-
ject structure and impose a lien upon the property for the costs
of same.
(b) In the event the board orders the demolition of the
subject building by a -date certain which is three months or
more after the effective date of the order, and said order is
not modified, reversed or stayed by a court of competent juris-
diction, the building official shall prepare a notice of pending
order of demolition and arrange for the recordation of same in
the office of the county recorder of Orange County.
Said notice shall be recorded under the names of each
and every person to whom the notice was mailed. The building' s
owner may pay the recording fees for the aforesaid notice and
thereby avoid the imposition of lien for recording fees against
the property.
(c) In the event the board of appeals certifies to the va-
lidity of any or all of any measures the owner shall have pro-
posed as a means of reducing the earthquake hazard, and finds
that the accomplishment of such measures will reduce the earth-
quake hazard associated with the building to or below the appli-
cable tolerable level, it shall order the owner to initiate the
accomplishment of such measures immediately and to complete the
same within a reasonable time. The board of appeals shall desig-
nate in its order, based on evidence presented to it during the
hearing, that date certain which represents a reasonable time
in its opinion for the accomplishment of the proposed measures.
17. 16.220 Jurisdiction over cases. The board of appeals
shall retain jurisdiction over cases in which it has approved
owner-proposed measures for reducing earthquake hazard until
such measures have been timely accomplished. In the event
written evidence of the completion of the approved measures is
not presented to the board within ten days after the designated
date for the completion of such measures shall have passed, the
board may revise its decision and order the immediate vacation
8 .
'i
and demolition of the building. The board may consider a time
extension for the completion of the proposed measures, if,
prior to said date, the building's owner shall have so applied.
Any application for such an extension shall be in writing,
setting forth what has actually been accomplished, what re-
mains to be done, and the reasons for the requested extension.
Should the board conclude that good cause has been shown for
an extension, it may grant such an extension in writing for
a period deemed necessary to complete the approved repairs.
17.16. 230 Affidavits--Use of. In the event the building
official or any interested person presents written affidavits
to the board of appeals indicating the owner is not proceeding
in good faith to accomplish in a timely manner any measures
approved by the board in its original decision and order, the
board shall on ten days ' written notice mailed via certified
United States mail to the owner of the building, schedule and
conduct a hearing on the matter. At such hearing, evidence,
oral and written, may be presented as in the original hearing,
and if the board is convinced that the owner is not proceeding
in good faith to carry out its original order in a timely
manner, then it shall revoke said order and order instead the
immediate vacation, demolition and removal of the building.
Written affidavits shall not, however, be considered by the
board under this section until at least 50 percent of the time
allowed in its original order shall have expired.
17. 16.240 Violation and penalty. It shall be unlawful
for any person, firm, or corporation to violate any of the
provisions of this chapter, and any person, firm or corpora-
tion who violates any of such provisions of the chapter hereby
adopted or fails to comply herewith, or who violates or fails
to comply with any order made thereunder and from which no
appeal has been taken, or who fails to comply with such an
order as affirmed or modified by the Huntington Beach board
of appeals or by a court of competent jurisdiction, within
the time fixed herein, shall severally for each and every
such violation and noncompliance respectively, be guilty of
a misdemeanor, punishable by a fine of not less than twenty-
five dollars ($25) or more than six hundred dollars ($600) ,
or by imprisonment for not less than two (2) days or more
than 365 days , or both such fine and imprisonment . The impo-
sition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall
be required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified,
each ten days that prohibited conditions are maintained shall
constitute a separate offense.
SECTION 2. SEVERABILITY. If any section, subsection,
sentence, clause, phrase or portion of this ordinance, or any
9.
future amendments or additions hereto, is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the va-
lidity of the remaining portion of this ordinance, or any future
amendments or additions hereto . The City Council of the City
of Huntington Beach hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion or any future amendments or additions thereto,
irrespective of the fact that any one or more sections, sub-
sections , clauses , phrases , portions or any future amendments
or additions thereto be declared invalid or unconstitutional.
SECTION 3. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach Independent, a news-
paper. of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of June 1979.
g
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C ' y Administrator A' `�istant DTte_ctor of Build`kft-g--
and Gommunity Development
10.
Ord. No. 2362
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 4th day of June
19 79 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of June , 19 79 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson Thomas Mandic MacAllister Bailey Yoder Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio .Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do he+eby certify that a synopsis of this
ordinance has teen published in the Huntington
Beach Inr epee ent on
.�nc a..8.......... 19..7.. ....
in a^ r..co da e with the City Charter of said City.
...............................ALIVA M: WENTWORTH
...........................I..... .
City Clerk
y .....
puty City Clerk