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HomeMy WebLinkAboutORD NO 3303ORDINANCE NO. 3303 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAI~i'~K 15.41 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEISMIC SAP~.'J.'~ ANALYSES OF UNREINFORCED MASONRY BUILDINGS. BE IT ORDAIB~D by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.41 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 15.41 SEISMIC SAFETY ANALYSES OF UNREINFORCEDMASONRY BEARING WALL BUILDINgS. Sections: 15.41.010 15.41.020 15.41.030 Scol:~e. Seismic safety analyses. Enforcement - Appeal. 15.41.010 Sco~e. The provisions of this Chapter shall apply to all buildings constructed prior to 1946, which, on the effective date of this Chapter, have unreinforced masonry bearing walls as defined in Section 15.40.020. 15.41.020 Seismic safety analyses. A. Each owner, as shown on the latest equalized assessment roll of the County of Kern, of an unreinforced masonry building constructed prior to 1946 shall complete and submit to the city building director a seismic safety analysis of his building within 24 months of the effective date of the ordinance enacting Chapter 15.40. B. Each such analysis shall be completed by a California licensed architect or civil or structural engineer. Such analysis shall be completed on forms provided by the city, and shall include the condition of the building; the type of construction, analysis of those elements listed in Table No. A1-A of Section 15.40.080 in relationship with the standards set forth in Chapter 15.40; the building's physical dimensions, including all openings in each wall; and identification of any adjacent buildings constructed of unreinforced masonry bearing walls; and shall indicate if the building meets the standards set forth in Chapter 15.40 of the Bakersfield Municipal Code and, if not, indicate in what areas the building is substandard. Such analysis shall be subject to the approval of the building director. C. The building director shall, within thirty (30) days of the effective date of the ordinance enacting Chapter 15.40, send notice of the requirements set forth in this section, by certified mail, to the owner of record as shown on the latest equalized assessment roll of the County of Kern, of each unreinforced masonry building constructed prior to 1946. 15.41.030 Enforcement - Appeal. A. Whenever the building director finds that any building subject to the provisions of this chapter has not been analyzed as required by this chapter after the 24 months referred in Section 15.41.020, he shall commence proceedings to cause the analysis of such building. B. The building director shall serve upon the record owner of the building as shown on the latest equalized assessment roll of the County of Kern, by certified mail, a notice and order containing the following information: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the building has unreinforced masonry bearing walls as defined in section 15.40.020, and that no analysis as required by this chapter has been submitted to the city within the prescribed time limits. 3. A statement that the analysis must be completed and submitted to the building director within thirty days of service of the notice and order; and that if the analysis is not completed within that time, the city will have an analysis conducted and the costs thereof assessed against the property. 4. A statement of the appeal procedure: A. Any building owner who is served with a notice and order to comply as provided for in this chapter may file an appeal of such order with the Board of Building Appeals. Such appeal must be filed with the city clerk not more than five days after service of the notice and order. - 2 - B. Upon the filing of an appeal, the city clerk shall set the matter for hearing upon notice to the building owner, the owners of adjacent property and the Board of Building Appeals. Such notice shall be sent by mail no less than ten days prior to the hearing date. C. The hearing shall be held within twenty days after the date of filing the appeal. D. The Board of Building Appeals may sustain, modify, reject or overrule any recommendation, finding or ruling of the building director and shall make appropriate findings. The Board shall render its decision on the appeal within five days following the conclusion of the hearing. C. If, thirty days after service of the notice and order, no seismic safety analysis approved by the building director has been conducted, and no appeal has been filed, the city shall have such analysis conducted. D. When the analysis has been caused to be done by the city, the building director shall keep an account of the cost of such analysis. Such account shall be placed in a report and assessment list to the city council for confirmation, and filed with the city clerk. The report and assessment list shall refer to each separate building by a description sufficient to identify it, and state separately the cost of conducting the analysis of each building, including any administrative charges relating to such analysis. E. The city council shall conduct a hearing prior to confirmation of the report and assessment list. Notice of such hearing shall be mailed not less than ten (10) days prior to the scheduled hearing to the owners of buildings against which such costs are proposed to be assessed. Any interested person may appear before the city council at said hearing. Following the close of the hearing, the city council may remedy and correct any error and revise and correct any act or determination of the building director relating to said analysis; and may amend, alter, modify or correct the assessment in such manner as shall seem just. All decisions and determinations of the city council shall be final and conclusive. F. Unless the amount assessed has been paid within ten (10) days of city council action confirming such assessment, the building director shall cause to be filed in the office of the recorder of the county of Kern a notice of lien. - 3 - SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 4 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on July 25, 1990 , by the following vote: AYES: COUNCILMEMSERS: EOWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McOERMOTI', SALVAGBIO NOES: COUNCILMEMBERS: A~SENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' Council of the City of Bakersfield APPROVED July 25, 1990 CLARENCE E. ~R~DERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIR?.n f~ CITY ATTORNEY of the City of Bakersfield LCM/meg URM-SEIS.ORD 8/9/90 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) SS, CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfie]d; and that on the deposes and says: acting and qualified City Clerk of the City 30th day of July , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3303 City Council at a meeting held on the 25th and entitled: , passed by the Bakersfield day of July , 19 90, /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD