§ 9606. ADMINISTRATION

9606.1   Order—service.

The Building Official shall, in accordance with the priorities set forth in Table 96-C, issue an order as provided in this Section to the owner of each building within the scope of this Chapter.

Prior to the service of an order as set forth in Table 96-C, a bulletin may be issued to the owner as shown upon the last equalized assessment roll of a building considered by the Building Official to be within the scope of this Chapter. The bulletin may contain information the Building Official deems appropriate. The bulletin may be issued by mail or in person.

(Ord. 2010-0053 § 83, 2010.)

9606.2   Order—priority of service.

Priorities for the service of the order for buildings within the scope of this Chapter shall be in accordance with the rating classification as shown in Table 96-C. Within each separate rating classification, the priority of the order shall normally be based on the occupant load of the building. The owner of buildings housing the largest occupant loads shall be served first. The minimum time period prior to the service of the order as shown in Table 96-C shall be measured from the effective date of this Chapter. The Building Official may, upon receipt of a written request from the owner, order such owner to bring the building into compliance with this Chapter prior to the normal service date for such building set forth in this Chapter.

(Ord. 2010-0053 § 83, 2010.)

9606.3   Order—contents.

The order 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 of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this Chapter and, therefore, is required to meet the minimum seismic standards of this Chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 9605 which sets forth the owner's alternatives and time limits for compliance.

(Ord. 2010-0053 § 83, 2010.)

9606.4   Appeal from order.

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 Building Board of Appeals established by Section 105. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section 9606.3. Any such appeal shall be decided by the Board no later than 90 days after the date that the appeal is filed. Such appeal shall be made in writing 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 Sections 104.2.7 and 105.

(Ord. 2010-0053 § 83, 2010.)

9606.5   Recordation.

At the time that the Building Official serves the aforementioned order, the Building Official shall also file 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 has been ordered to structurally analyze the building and to structurally alter or demolish the building where compliance with this Chapter has not been demonstrated.

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 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.

(Ord. 2010-0053 § 83, 2010.)

9606.6   Abatement orders.

If the owner of the subject building fails to comply with any order issued by the Building Official pursuant to this Chapter within any of the time limits set forth in Section 9605, then 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 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 Building Board of Appeals, then the Building Official may order its demolition in accordance with the provisions of Section 102.1 of this Code.

(Ord. 2010-0053 § 83, 2010.)

9606.7   Hearing.

An owner who has been served with an abatement order as described in Section 9606.6 may request a hearing before the Building Board of Appeals to request postponement of County action leading to demolition, vacation of building, or other abatement procedure. All such requests shall be accompanied by a rehearing fee as specified in Section 105. At such a rehearing, the Board will consider all evidence submitted and after such consideration may find that a postponement is warranted and so order, or may find that further postponement is unwarranted and order any abatement work considered necessary to be performed by a specified date after which date the Building Official shall cause such work to be performed or completed without further notice. Nothing in this Section shall prevent the Board itself or the Building Official from bringing any matter before the Board for rehearing.

(Ord. 2010-0053 § 83, 2010.)

9606.8   Violation.

It shall be unlawful to own, use, occupy, maintain, or be in control of a building for which an order requiring compliance with this Chapter has been served where said order has not been complied with.

(Ord. 2010-0053 § 83, 2010.)

9606.9   Prosecution.

In case the owner shall fail, neglect, or refuse to comply with the directions in the Order (if neither the owner nor any other person requests a hearing) or with any order of the Building Board of Appeals, the owner shall be guilty of a misdemeanor and the Building Official may cause such owner of the building or property to be prosecuted as a violator of this Code.

(Ord. 2010-0053 § 83, 2010.)

9606.10   Other abatement procedures.

The provisions of this Chapter shall not in any manner limit or restrict the County or the District Attorney from enforcing County Ordinances or abating public nuisances in any other manner provided by law.

(Ord. 2010-0053 § 83, 2010.)