23.10.016 Time Limits for Compliance.
23.10.010 ADOPTION. (a) The code published by International Code Council entitled California Existing Building Code 2010 Edition is adopted as the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this Chapter.
(b) No section of this appendix shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the city, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the California Existing Building Code shall at all times be kept on file in the Office of the City Clerk. (Ord. 2010-16 § 4 (part), 2010; Ord. 2007-11 § 4, 2007; Ord. 1999-8 § 5, 1999).
23.10.012 SECTION A103 - DEFINITIONS. AMENDED.
(a) HIGH RISK BUILDING: Any building (except essential and hazardous facilities listed in Section A102.2) having an occupant load of 100 or more, as determined by 2010 CBC Section 1004.
(b) LOW RISK BUILDING: Any building (except essential and hazardous facilities listed in Section A102.2) having an occupant load of less than 100 occupants as determined by 2010 CBC Section 1004. (Ord. 2010-16 § 4 (part), 2010; Ord. 2007-11 § 4, 2007; Ord. 1999-8 § 5, 1999).
23.10.014 ADMINISTRATION. Section A105 is modified by adding the following:
1. Administration. (a) Service of Order. The building official shall issue an order as described in (b) below to the owner of each building known to the building official to be within the scope of this Chapter. The order shall be in writing and shall be served either personally or by certified mail upon the owner as shown on the last equalized assessment roll. A copy of such order shall also be given by the building official by first-class mail to known tenants of each building and the owner of each building shall thereafter provide the order to succeeding tenants.
(b) Contents of Order. The order shall specify that the building has been determined by the building official to be within the scope of this Chapter and is required to meet minimum seismic standards. The order shall inform the owner(s) of alternatives and time limits for compliance.
(c) Appeal. The building owner may appeal the building official's initial determination that the building is within the scope of this Chapter to the building official. Such appeal shall be filed with the building official within 60 days from the service date of the order. Any such appeal shall be decided by the building official no later than 60 days after the date that the appeal is filed. The basis for the appeal shall be evidence that the building does not fall within the scope of Appendix Chapter 1 of the California Existing Building Code as defined in Section A102. Any appeal shall be made in writing.
(d) Recordation. Upon service of the order, the building official shall file with the office of the county recorder a certificate stating that the subject building is within the scope of Chapter 23.10 of the San Mateo Municipal Code. The certificate shall also state that the owner has been ordered to structurally analyze the building and to alter it to comply with this Chapter. If the building is found not to be within the scope of this Chapter, or as a result of analysis and/or structural alterations is found to be capable of resisting minimum seismic forces required by this Chapter, the building official shall file with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of this Chapter.
(e) Enforcement. 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 A105.1 the building official may seek compliance through any means authorized by California statute or San Mateo Municipal Codes. (Ord. 2010-16 § 4 (part), 2010; Ord. 2007-11 § 4, 2007; Ord. 1999-8 § 5, 1999).
23.10.016 TIME LIMITS FOR COMPLIANCE. Section A105.1 is amended by adding the following:
(a) Structural analysis and upgrade. The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this Chapter, the owner shall cause it to be structurally altered to conform to such standards.
(b) Time limits. The owner of a building within the scope of this Chapter shall comply with the requirements set forth above by submitting the following to the building official for review within the stated time limits:
(1) Within one year after the service of the order, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or
(2) Within one year after the service of the order, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter. After plans are submitted and approved by the building official, the owner shall obtain a building permit, commence and complete the required construction within four years from service of the order, for high-risk buildings, and within six years from service of the order for low-risk buildings. (Ord. 2007-11 § 4, 2007; Ord. 1999-8 § 5, 1999).