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HomeMy WebLinkAboutORD 188 1994 0202ORDINANCE NO. 188 AN URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING TITLE 15 ENTITLED "BUILDING & CONSTRUCTION" ADDING NEW CHAPTER 15.28 ENTITLED "EARTHQUAKE DAMAGE REPAIRS "TO THE CITY OF MOORPARK MUNICIPAL CODE The City Council of the City of Moorpark does ordain as follows: Section 1. New Chapter 15.28, "Earthquake Damage Repairs" is Established. A new Chapter 15.28 is hereby added to Title 15 of the City of Moorpark Municipal Code to read as follows: CHAPTER 15.28 EARTHQUAKE DAMAGE REPAIRS Sections: 15.28.010 Purpose and Intent 15.28.020 Damage Defined 15.28.030 Masonry Chimneys 15.28.040 Unreinforced Masonry 15.28.050 Masonry Walls 15.28.060 Fees 15.28.010 Purpose and Intent. It is the purpose and intent of this chapter to regulate the repair or replacement of structures on both public and privately owned property. 15.28.020 Damage Defined. Damaged structures of all occupancies which have been damaged as a result of an earthquake, and its aftershocks, shall be repaired in accordance with the following criteria: A. When the estimated valuation of repair does not exceed 10 percent of the replacement cost of the structure, the damaged portion(s) may be restored to their pre- earthquake condition. B. When the estimated valuation of repair is greater than 10 percent, but less than 50 percent, of the replacement cost of the structure, the damaged portions, as well as all critical ties associated with those portions, shall be repaired and /or brought into conformance with the Uniform Building Code, and all other applicable uniform codes currently in force. C. When the estimated valuation of repair exceeds 50 percent of the replacement cost of the structure, the entire Fcbruarn 4, 1994 /fin.sig. Ordinance No. 188 Page 2 structure shall be brought into conformance with the structural requirements of the Uniform Building Code and all other applicable uniform codes currently in force. Exception: The cost of repairing damaged chimneys in Group R, Division 3 occupancies shall be excluded from the computation of percentage of replacement cost. 15.28.030 Masonry Chimneys. All new masonry chimneys or reconstructed portions of damaged masonry chimneys shall be constructed in accordance with chapter 37 of the Uniform Building Code and other applicable uniform codes currently in force. Further, all new or reconstructed chimneys shall be anchored to the structure in accordance with the current code. Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, the portion extending above the roof line shall be braced to the roof structure. 15.28.040 Unreinforced.Masonry. All damaged buildings determined to be constructed of unreinforced masonry shall be repaired and strengthened to comply with the currently adopted edition of the Uniform Code for Buildinq Conservation, Appendix Chapter 1. 15.28.050 Masonry Walls. All new masonry walls 3 feet or higher which are to be constructed after the passage of this Ordinance shall be required to be designed by a California Registered Engineer or Architect. All masonry walls shall not be built without the benefit of a building permit issued by the City of Moorpark Building and Safety Department. These requirements shall be applicable to all masonry walls 3 feet or higher as measured from the bottom of the foundation and without regard as to whether or not the wall in quest Lon is, new or will replace on existing wall. 15.28.060 Fees. Building permit. and plan check fees for masonry walls shall be as follows: Valuation for Garden Wall . . . . $5.00 Per Square Foot Permit Fee for Garden Wall . Per Resolution No. 92 -832 Plan Check Fee for Garden WallPer Resolution No. 92 -832 Section 3. Amendments Necessary. Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, the City Council of the City of Moorpark hereby finds that the amendments of those building standards which have been adopted by any State February 4. 1994 /fin.sig. Ordinance No. 188 Page 3 agency contained in the Uniform Building Code in force at the time, made by this Ordinance are reasonably necessary due to local climatic, geological, or topographical conditions. Specifically, these amendments are required due to earthquakes and aftershocks which have or will cause considerable damage to structures and /or structural elements in the City. Section 4. Severability. If any Section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council declares that it would have adopted this Ordinance and each Section, subSection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more Sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Section 5. State Filing Requirement. The City Clerk shall fill a copy of this Ordinance with the Department of Housing and Community Development of the State of California. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption. Section 7. Reason for Urgency. On January 17, 1994, a 6.6 earthquake struck the Los Angeles and Ventura Counties area. Many buildings were damaged or destroyed. The Uniform Codes do not adequately set forth standards by which the Building Official may require the applicability of those codes to partially damaged buildings, which he must do in the aftermath of the earthquake in a uniform manner. Section 8. Notice of Adoption. Within fifteen days after the adoption hereof, the City Clerk of the City of Moorpark shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. Section 9. Publish. The c.Lty clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section Februan 4. 1994 /fin.sig. Ordinance No. 188 Page 4 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 2nd day of FEBRUARY , 1994 ATTEST: Lillian E. Hare, City Clerk Mayor: Paul W. L rason, Jr. February 4, 1994 /fin.sig. MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 188 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of FEBRUARY , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER WO'ZNIAh' ABSTAIN: NONE WITNESS my hand and the official seal of said City this 7th day of FEBRUARY _ , 1994. Lillian E. Hare City Clerk (Seal) PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Concilmember Printed cn Recycled Pazie