Ordinance No. 10591
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ORDINANCE NO. 1059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADDING ARTICLE IX TO CHAPTER 24 OF THE
CODE OF THE CITY OF VERNON, CALIFORNIA, 1959,
ENTITLED "UNIFORM CODE FOR BUILDING
CONSERVATION"; ADDING SEdTION 24.60 TO THE CODE
OF THE CITY OF VERNON TO ADOPT BY REFERENCE
APPENDIX CHAPTER 1 OF THE UNIFORM CODE FOR
BUILDING CONSERVATION, 1994 EDITION; ADDING
SECTIONS 24.61 THROUGH 24.63 TO THE CODE OF THE
CITY OF VERNON TO ESTABLISH REGULATIONS FOR
MITIGATING SEISMIC SAFETY HAZARDS; AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, buildings with unreinforced masonry -bearing walls
("URM buildings") are widely recognized to be a hazard due to the
potential for collapse in an earthquake; and
WHEREAS, in 1986 state legislation, codified in Government
Code § 8875, et sea., required local agencies to identify and
establish a mitigation program for "potentially hazardous
buildings," but the legislation excluded "warehouses or similar
structures" from such requirements; and
WHEREAS, despite the exemption for warehouses and similar
structures in the aforementioned legislation, the City of Vernon, in
or about 1992, undertook a survey of URM buildings and found there
were approximately 126 such buildings in the City, a number which
since has been reduced to approximately 77 due to demolitions and
voluntary retrofittings; and
WHEREAS, California Health and Safety Code § 18934.7,
adopted in 1991, required the State Building Standards Commission to
incorporate Appendix Chapter 1 of the Uniform Code for Building
Conservation ("UCBC"), entitled "Seismic Strengthening Provisions
for Unreinforced Masonry -Bearing Wall Buildings," into the State
Building Standards Code by January 1, 1993; and
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WHEREAS, Appendix Chapter 1 of the UCBC became applicable
to all existing occupancies in the State of California on or before
July 1, 1993, by virtue of Health and Safety Code S 18941.5; and
WHEREAS, in providing for the adoption of Appendix Chapter
1 of the UCBC, the Legislature neglected to indicate clearly when
retrofitting should be required for buildings not previously subject
to a mandatory retrofitting program; and
WHEREAS, it is in the interest of the public health, safety
and welfare that the City continue to notify owners of URM buildings
on a periodic basis that the City considers their buildings unsafe
for occupancy, and that the City encourage the owners to voluntarily
retrofit such buildings to meet the standards of Appendix Chapter 1
of the UCBC; and
WHEREAS,
Government Code S 8875.8 requires, for any
building that is a "potentially hazardous building" as defined in
Government Code S 8875, that a sign be posted warning persons that
the building may be unsafe in the event of an earthquake; and
WHEREAS, it is further in the interest of the public
health, safety and welfare that signage required by Government Code
S 8875.8 be posted at the entrance of all URM buildings in the City
of Vernon; and
WHEREAS, it is further in the interest of the public
health, safety and welfare that a URM building be seismicly
strengthened in the course of significant additions, alterations or
repairs, or when all or a substantial portion of the roof is
replaced, or when there is a change of occupancy from a less
hazardous to a more hazardous category as defined in Table 5-E of
the UCBC.
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THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
(true and correct.
SECTION 2: Article IX of Chapter 24 of the Code of the
City of Vernon, entitled "Uniform Code for Building Conservation,"
is hereby established.
SECTION 3: Section,24.60 is hereby added to Article IX of
Chapter 24 of the Code of the City of Vernon, to read as follows:
Sec. 24.60. Appendix Chapter 1 of the Uniform Code for
Building Conservation, 1994 Edition, adopted.
Appendix Chapter 1 of the Uniform Code for Building
Conservation, 1994 Edition, published by the International
Conference of Building Officials, except as provided herein, is
hereby adopted as the seismic strengthening provisions for
unreinforced masonry bearing wall buildings for the City of
Vernon.
SECTION 4: Section 24.61 is hereby added to the Code of
the City of Vernon, to read as follows:
Sec. 24.61. Notice to owners.
At the time of approval of any change of occupancy for an
existing unreinforced masonry bearing wall building, except for
a change of occupancy subject to Section 24.63(c) of this code,
the Department of Community Services shall provide a notice to
the owner that the City considers the building to be unsafe and
shall encourage the owner to voluntarily comply with Appendix
Chapter 1 of the Uniform Code for Building Conservation.
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SECTION 5: Section 24.62 is hereby added to the Code of
the City of Vernon, to read as follows:
Sec. 24.62. Posting of sign.
Within three months of the effective date of this
ordinance, every owner of an unreinforced masonry bearing wall
building located in the city shall post in a conspicuous place
at the entrance of the building, on a sign not less than five
inches (511) by seven inches (711), the following statement,
printed in not less than thirty -point bold type: "THIS IS AN
UNREINFORCED MASONRY BUILDING. UNREINFORCED MASONRY BUILDINGS
MAY BE UNSAFE IN THE EVENT OF A MAJOR EARTHQUAKE."
SECTION 6: Section 24.63 is hereby added to the Code of
the City of Vernon, to read as follows:
Sec. 24.63. Compliance with Appendix Chapter 1 of the
Uniform Code for Building Conservation.
(a) The owner of any unreinforced masonry bearing wall
building shall comply with the provisions of Appendix Chapter
1 of the Uniform Code for Building Conservation whenever the
building undergoes a major addition, alteration or repair. For
purposes of this section, "major addition, alteration or
repair" means all additions, alterations or repairs within a
three-year period where the cumulative cost thereof exceeds
twenty-five percent (25%) of the assessed value of the building
as shown on the last equalized assessment roll, as determined
by the building official.
(b) The owner of an unreinforced masonry bearing wall
building shall comply with the provisions of Appendix Chapter
1 of the Uniform Code for Building Conservation when repairs or
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renovation of an existing roof assembly or roof covering within
a three-year period. involves more than twenty-five percent
(25%) of the total roof area, as determined by the building
official.
(c) The owner of an unreinforced masonry bearing wall
building shall comply with the provisions of Appendix Chapter
1 of the Uniform Code for Building Conservation whenever there
is a change in occupancy classification from a less hazardous
category to a more hazardous category according to Table 5-E of
the Uniform Code for Building Conservation, the same being
incorporated herein by reference as though set forth at length.
(d) Any building owner dissatisfied with a determination
made by the building official pursuant to this section may
appeal to the city council, pursuant to section 24.7 of this
code.
SECTION 7: Ordinances repealed.
Any ordinance, part of an ordinance, or code section in
conflict with this Ordinance is hereby repealed.
SECTION 8: Severability.
If any section, subsection, sentence, clause, or phrase or
word of this ordinance is for any reason held to be void or
unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance; it being the intention of the
City Council of the City of Vernon to adopt and pass this ordinance
and each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections,
subsections, clauses, sentences or phrases thereof may be declared
void or unconstitutional.
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SECTION 9: Copies on File with City Clerk.
Pursuant to Government Code Section 50022.6, one certified
copy of the 1994 Edition of the Uniform Code for Building
Conservation shall be made available for public inspection in the
office of the City Clerk for at least fifteen (15) days prior to the
hearing.
SECTION 10: Posting.
There being no newspaper printed, published or circulated
in the City of Vernon, the City Clerk is hereby directed to certify
to the passage of this ordinance and shall post the same, or cause
the same to be posted, within fifteen (15) days after its passage in
accordance with Section 36933 of the Government Code, in three (3)
of the most public places in the City of Vernon, to wit: the
northwest corner of 38th Street and Santa Fe Avenue, the northeast
corner of Leonis Boulevard and Pacific Boulevard, and on the
bulletin board in the lobby of the City Hall of said City, located
at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los
Angeles, State of California.
SECTION 11: Effective Date.
This ordinance shall be in full force and effect thirty
(30) days from and after its passage of the same.
APPROVED AND ADOPTED this 14tbday of April 1998.
EONIS C. MALB RG, May{
ATTES
BRUCE V. MALKENHORST, City Clerk
0.
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance•, being Ordinance No.
1059, was duly and regularly introduced at an adjourned regular
meeting of the City Council of the City of Vernon, held on Tuesday,
March 24, 1998, and thereafter finally adopted at a regular meeting
of said City Council held on Tuesday, April 14 , 1998, and
thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
(SEAL)
AYES: Councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
NOES: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, City Clerk
-7-
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
March 18, 1998
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
With regard to the Earthquake Mitigation Program, the Community
Services Department, as required by State Law, has surveyed all
buildings within the City to determine if there exists any
potentially hazardous structures.
It is recommended that the City Council adopt a Hazardous
Mitigation Plan consisting of:
1. Requirement that all property owners of
unreinforced masonry buildings be notified that the City
considers their building to be potentially hazardous;
2. That the owner of a building containing an
unreinforced masonry wall be required to post a placard that
states: "THIS IS AN UNREINFORCED MASONRY BUILDING. UNREINFORCED
MASONRY BUILDINGS MAY BE UNSAFE IN THE EVENT OF A MAJOR
EARTHQUAKE;"
3. Recommend that building owners voluntarily retrofit
their building; and
4. Require that an unreinforced masonry building be
seismically strengthened when a major addition, remodel, or re -
roof takes place on the property or the occupancy of the
structure is changed to a more Hazardous Group as defined by
Table S-E of the Uniform Code for Building Conservation.
Very truly yours
Bruce V. Malkenhorst
City Clerk
BVM/mm
enclosures
March 17, 1998
TO: Bruce V. Malkenhorst - City Administrator
FROM: Samuel "Kevin" Wilson Director of Community
Services & Water
SUBJECT: EARTHQUAKE MITIGATION PROGRAM
On October 9, 1997, I sent you the attached memo regarding
an Earthquake Mitigation Program. Working with the City
Attorney's office we have now developed an ordinance establishing
the program outlined in my earlier memo. The City Attorney's
office has prepared a summary of the ordinance which is also
attached.
It is my recommendation that the ordinance be approved at
our next City Council meeting.
SKW:kb
Attachment
cc: City Attorney (w/o attach)
'�
V
IVE®
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October 9, 1997
D-2
TO: BRUCE V. MALKENHORST - CITY ADMINISTRATOR/CITY CLERK
FROM: KEVIN WILSON`- DIRECTOR OF COMMUNITY SERVICES & WATER
FROM: EARTHQUAKE MITIGATION PROGRAM PROVISIONS FOR EXISTING
BUILDINGS
The Community Services Department, as required by State Law
has surveyed all buildings within the City to determine if
there exist any potentially hazardous structures.
Section 8875 of the Government Code defines a "Potentially
Hazardous Building" to mean any building constructed prior to the
adoption of local building codes that required earthquake
resistant design of buildings, and buildings constructed of
unreinforced masonry wall construction. However potentially
hazardous buildings do not include warehouses or similar
structures not used for human habitation, except for warehouses
or structures housing emergency services, equipment or supplies.
The City of Vernon, at the time of the survey, had 126
buildings that contained unreinforced masonry structural
components. Through demolitions and remodels this number has
been reduced to approximately 77.
Section 8875.2(b) of the Government Code requires the
establishment of a Mitigation Program for potentially hazardous
buildings to include notification to the legal owners.
Since all of the unreinforced masonry buildings within
Vernon are utilized as warehouse or manufacturing facilities, it
could be interpreted, given the state's definition, that Vernon
has no buildings that could be categorized as a potentially
hazardous building. Based on this, no Hazardous Mitigation
Program is necessary.
However, the Community Services Department decided to
notify all property owners of unreinforced masonry buidings that
their building is potentially hazardous. Section 8875.8 a) of
page 2
Earthquake Mitigation
the Government Code requires that any owner who has received
actual or constructive notice that a building located in Seismic
Zone 4 constructed of unreinforced masonry shall post in a
conspicuous place at the entrance of the building, on a sign
not less than 5" x 7" the following statement, printed in not
less than 30-point bold type: "THIS IS AN UNREINFORCED MASONRY
BUILDING, UNREINFORCED MASONRY BUILDINGS MAY BE UNSAFE IN THE
EVENT OF A MAJOR EARTHQUAKE".
Additionally, the State has adopted Appendix C Chapter 1 of
Uniform Code Building Conservation as a model code to be enforced
by local agencies. This Appendix deals with the seismic
strengthening provisions for unreinforced masonry bearing wall
buildings. However, no provisions were adopted by the state to
inform the building departments when this section was to be
enforced. Only sections of the Uniform Code Building
conservation not adopted by the state give the conditions when a
building is required to be retrofitted. I spoke to a gentleman
with the Seismic Safety Commission and it was his interpretation
that the building should be retrofitted when major remodeling or
additions were completed, when the roof was replaced, or under a
change of use to a more hazardous occupancy classification.
Although a Hazardous Mitigation Plan is not required, I
believe that given the array of rules and regulations one may be
in order. I am of the opinion that unreinforced masonry
buildings present a life safety concern in earthquake events.
Some of the industrial buildings could be heavily occupied, given
this fact, I believe the City should encourage the removal
of these structures. For the most part these buildings were
constructed prior to 1933, their useful life is over. The
Community Services Department up to now, has taken it upon
themselves to interpret the regulations without City Council
input. I believe that the City Council should formally adopt a
Hazardous Mitigation Plan. The California Seismic Safety
Commission has requested that the City adopt such a program.
It therefore is my recommendation that the City Council
adopt a Hazardous Mitigation Plan, consisting of:
1) Requirement that all property owners of unreinforced
masonry buildings be notified that the City considers their
building to be potentially hazardous;
2) That the owner of a building containing an unreinforced
masonry wall be required to post a placard that states "THIS IS
AN UNREINFORCED MASONRY BUILDING UNREINFORCED MASONRY BUILDINGS
MAY BE UNSAFE IN THE EVENT OF A MAJOR EARTHQUAKE";
page 3
Earthquake Mitigation
3) Recommend that building owners voluntarily retrofit
their building; and
4) Require that an unreinforced masonry building be
seismically strengthened when a major addition, remodel, or
re -roof takes place on the property or the occupancy of the
structures is changed to a more Hazardous Group as defined by
Table 5-E of the Uniform Code for Building Conservation.
CC: City Attorney
.a q�.provision
RECEIVED
MAR 04 1998
MEMORANDUM Community Services
TO: Kevin Wilson, Director of Community Services & Water
FROM: David B. Brearley, City Attorn y
SUBJECT: Proposed Earthquake Hazard Mitig Program
DATE: March 3, 1998
Attached is a draft ordinance that would implement the
earthquake hazard mitigation program for unreinforced masonry bearing
wall buildings ("URM buildings") you recently suggested. I understand
you have discussed the ordinance with Rick Morillo, who has
incorporated your input into this draft.
A summary of the ordinance is as follows:
1. The ordinance would add a new Article IX to Chapter 24 of
the City Code entitled "Uniform Code for Building Conservation." In
actuality, though, only that part of the Uniform Code for Building
Conservation ("UCBC") known as "Appendix Chapter 1" would be adopted.
This comports with Health and Safety Code § 18934.7, adopted in 1991,
by which the Legislature mandated incorporation of Appendix Chapter 1
into the State Building Standards Code by January 1, 1993. Under
Health and Safety Code § 18941.5, uniform code provisions that are
incorporated into the State Building Standards Code become effective
180 days after publication therein.
2. The proposed ordinance would add Section 24.60 to the City
Code, adopting Appendix Chapter 1 as the seismic strengthening
provisions for unreinforced masonry bearing wall buildings for the
City of Vernon.
Memo to Kevin Wilson 2 March 3, 1998
re Proposed Earthquake Hazard Mitigation Program
3. Section 24.61 would implement your suggestion that the City
give notice to owners of URM buildings that the City considers such
buildings to be unsafe, and that the City encourage voluntary
retrofitting. The draft ordinance would require the Department of
Community Services to provide such notice whenever it approves a
change of occupancy for a URM building, and to encourage owners to
voluntarily retrofit by complying with standards of Appendix Chapter
1.
4. Section 24.62 would required that URM buildings bear a sign
warning persons entering the building that it may be unsafe in the
event of an earthquake.
5. Section 24.63 would make retrofitting mandatory whenever
the building undergoes a major addition, alteration or repair, or
when the roof is replaced or renovated. The ordinance defines a
"major addition, alteration or repair" as "all additions, alterations
or repairs within a three-year period where the cumulative cost
thereof exceeds twenty-five percent (25%) of the assessed value of
the building as shown on the last equalized assessment roll, as
determined by the building official." For roof repairs, retrofitting
would be required "when repair or renovation of an existing roof
assembly or roof covering within a three-year period involves more
than twenty-five percent (25%) of the total roof area, as determined
by the building official."
Please let me know if you have any questions about the
foregoing.
Attachment
cv\kw-erthq.k-1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
AFFIDAVIT OF POSTING
so
I, Gloria, J. Orosco, Chief Deputy City Clerkfe� the City of
Vernon, do hereby certify that on the -�27(,4.day of �, 1998,
I did have posted three (3) copies of:
ORDINANCE NO. 1059 - An Ordinance of the City
Council of the City of Vernon Adding Article
IX to Chapter 24 of the Code of the City of
Vernon, California, 1959, Entitled "Uniform
Code for Building Conservation"; Adding
Section 24.60 to the Code of the City of
Vernon to Adopt by Reference Appendix Chapter
1 of the Uniform Code for Building
Conservation, 1994 Edition; Adding Sections
24.61 Through 24.63 to the Code of the City
of Vernon to Establish Regulations for
Mitigating Seismic Safety Hazards; and
Repealing All Ordinances or Parts of
Ordinances in Conflict Therewith
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd., and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
oria J. Or co
Chief Deputy City Clerk
Date:
Subscribed and sworn to before
me this �`-of Rps�,i 1998
LWCMNrlll'IN Notary Public in and for the
COWAONUM
NctayP%610 � _f County of Los Angeles, State of
My Co:nm. Expires .luN
-rsq, iq� L9California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk of the City of
Vernon, County of Los Angeles, State of California, do hereby
certify that the attached is a true and correct copy of:
ORDINANCE NO. 1059 - An Ordinance of the City
Council of the City of Vernon Adding Article
IX to Chapter 24 of the Code of the City of
Vernon, California, 1959, Entitled "Uniform
Code for Building Conservation"; Adding
Section 24.60 to the Code of the City of
Vernon to Adopt by Reference Appendix Chapter
1 of the Uniform Code for Building
Conservation, 1994 Edition; Adding Sections
24.61 Through 24.63 to the Code of the City
of Vernon to Establish Regulations for
Mitigating Seismic Safety Hazards; and
Repealing All Ordinances or Parts of
Ordinances in Conflict Therewith
The original of same is on file in the office of the City
Clerk of the City of Vernon, said offices being in the City of
Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Vernon, unty of Los Angeles,
State of California, on this;�ay of , 1998.
(V nti?2, 6C-11 ` , 16e A2_ o
Gloria J. Oro o
Chief Deputy City Clerk