(A) Service of order. When the Department determines that a building is within the scope of this subchapter, the owner shall comply with § 150.084. If the owner does not comply, the Department shall issue an order as provided in division (B) of this section to the owner of each building within the scope of this subchapter in accordance with the minimum time periods for service of such orders set forth in § 3 of the appendix following this chapter. The minimum time period for the service of such orders shall be measured from the effective date of this subchapter. The Department shall, upon receipt of a written request from the owner, order a building to comply with this subchapter 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 shown 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 Department to be within the scope of this subchapter and, therefore, is required to meet the minimum seismic standards of this subchapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of § 150.084 of this subchapter 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 the Department's initial determination that the building is within the scope of this subchapter to the City Manager.
(2) Such appeal shall be filed with the City Manager's office 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 City Manager no later than 60 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. Each appeal shall be accompanied by a filing fee as established by Council resolution.
(D) Recordation.
(1) At the time that the Department serves the aforementioned order, the Department shall file with the office of the County Recorder a certificate stating that the subject building is within the scope of this subchapter. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it when the Department determines the building is not in compliance with this subchapter.
(2) If the building is either demolished, found not to be within the scope of this subchapter, or is structurally capable of resisting minimum seismic forces required by this subchapter as a result of structural alterations or an analysis, the Department 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 subchapter.
(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 Department pursuant to this subchapter within any of the time limits set forth in § 150.084 of this subchapter, the Department shall 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 City Manager, the City Manager may order its demolition in accordance with the provisions of Chapter 98 of this code of ordinances.
('65 Code, § 8-15.06) (Ord. 321-C.S., passed - - )
Cross-reference: