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.
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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.
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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 ..........
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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