(A) Service of order. The Building Official shall issue and order, as provided in § 15.64.070(B), to the owner of each building within the scope of this chapter in accordance with the minimum time periods for service of such orders set forth in Table C. The minimum time period for the service of such orders shall be measured from the effective date of Chapter 15.64. Upon receipt of a written request from the owner, the Building Official shall order a building to comply prior to the normal service date for such building set forth in this section.
(B) Contents of order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as show on the last equalized assessment, and upon the person, if any, in apparent charge or control 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 § 15.64.060 which sets forth the owner’s alternatives and time limits for compliance.
(C) Appeal from order.
(1) The owner or person in charge or control of the building may appeal to the Board of Zoning Adjustments (B.Z.A.) the Building Official’s initial determination that the building is within the scope of this chapter. The appeal shall be filed with the Board within 60 days from the service date of the order described in division (B) of this section. Any such appeal shall be decided by the Board no later than 60 days after the date that the appeal is filed. The appeal shall be made in writing upon appropriate forms provided therefor by the Building Official and the grounds thereof shall be stated clearly and concisely.
(2) Each appeal shall be accompanied by a filing fee as set forth in the code.
(3) Appeals or requests for slight modifications from any other determinations, orders or actions by the Building Official pursuant to this chapter shall be made in accordance with the normal appeal procedures established in this code.
(D) Recordation.
(1) At the time that the aforementioned order is served, 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 15.64, Earthquake Hazard Reduction in Existing Buildings. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Chapter 15.64.
(2) If the building is found not to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter, or is demolished, 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 Chapter 15.64, Earthquake Hazard Reduction in Existing Buildings.
(E) Enforcement. If the owner or other person in charge or control 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 § 15.64.060, the Building Official shall order the entire building vacated and 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 by such additional time as may have been granted by the B.Z.A., the Building Official may order demolition of the building in accordance with the Abatement of Dangerous Buildings provisions of this code.
(`78 Code, § 15.64.070.) (Ord. 1967 § 1 (part), 1989.)