Chapter 14 BUILDINGS AND BUILDING REGULATIONS*
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*Cross references: Compliance with building and fire codes and other regulations, § 6-164; fire prevention and protection, ch. 30; flood management, ch. 34; health and sanitation, ch. 38; historical preservation, ch. 42; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; planning and development, ch. 78; stormwater management and grading and erosion control, ch. 86; streets, sidewalks, and other public places, ch. 90; building materials or machinery on streets and sidewalks, § 90-33; subdivisions, ch. 94; utilities, ch. 110; vegetation, ch. 114; zoning, ch. 122.
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Article I. In General
Secs. 14-1--14-30. Reserved.
Article II. Code Enforcement
Sec. 14-31. Reinspection fees.
Sec. 14-32. Code enforcement.
Secs. 14-33--14-60. Reserved.
Article III. Uniform Administrative Code
Sec. 14-61. International Building Code Division II adopted.
Sec. 14-62. Purpose.
Sec. 14-63. Fees.
Sec. 14-64. Violations; penalties.
Secs. 14-65--14-90. Reserved.
Article IV. Building Code
Sec. 14-91. Building Code adopted.
Sec. 14-92. Administrative changes to adopted building code.
Sec. 14-93. Findings.
Sec. 14-94. Reserved.
Sec. 14-95. Amendments; (Building Code Section 1908.1.8 ACI, Section 22.10).
Sec. 14-96. Findings.
Sec. 14-97. Special Inspection (Building Code Sections 1704.4, Exception 1).
Sec. 14-98. Findings.
Sec. 14-99. Bracing (Building Code Sections 2308.6, 2308.9.3, Table 2308.12.4 and 2505.1)
Secs. 14-100--14-120. Reserved.
Article V. Housing Code
Sec. 14-121. Uniform Housing Code adopted.
Sec. 14-122. Administrative changes to adopted housing code.
Secs. 14-123--14-150. Reserved.
Article VI. Fire Code
Sec. 14-151. Fire Code adopted.
Sec. 14-152. Contra Costa County Fire Protection District Ordinance adopted.
Sec. 14-153. Delegation of Enforcement to Fire Chief.
Secs. 14-154--14-180. Reserved.
Article VII. Electrical Code
Sec. 14-181. Electrical Code Adopted.
Secs. 14-182--14-210. Reserved.
Article VIII. Plumbing Code
Sec. 14-211. Plumbing Code adopted.
Sec. 14-212. Violations; penalties.
Secs. 14-213--14-240. Reserved.
Article IX. Mechanical Code
Sec. 14-241. Mechanical Code adopted.
Secs. 14-242--14-270. Reserved.
Article X. Abatement of Dangerous Buildings Code
Sec. 14-271. Uniform Code for the Abatement of Dangerous Buildings adopted.
Sec. 14-272. Final action of City Council regarding dangerous building.
Secs. 14-273--14-300. Reserved.
Article XI. Swimming Pool, Spa, and Hot Tub Code
Sec. 14-301. Uniform Swimming Pool, Spa, and Hot Tub Code adopted.
Sec. 14-302. Permissive exemption from fencing requirement.
Secs. 14-303--14-330. Reserved.
Article XII. Addressing
Sec. 14-331. Purpose.
Sec. 14-332. System and basis for numbering.
Sec. 14-333. Posting of addresses on buildings.
Sec. 14-334. Assignment of addresses.
Sec. 14-335. Changes of existing addresses.
Sec. 14-336. Multi-unit buildings and complexes.
Sec. 14-337. Penalty.
Secs. 14-338--14-360. Reserved.
Article XIII. Cable Television Facilities in New Development
Sec. 14-361. New development undergrounding.
Secs. 14-362--14-390. Reserved.
Article XIV. Multiple-Family Rental Dwelling Unit Inspection and Maintenance Code
Sec. 14-391. Title.
Sec. 14-392. Purpose.
Sec. 14-393. Scope.
Sec. 14-394. Compliance with applicable codes and standards.
Sec. 14-395. Exterior maintenance standards.
Sec. 14-395.5 Interior maintenance schedule.
Sec. 14-396. Site maintenance standards.
Sec. 14-397. Notification of inspection; inspection procedure.
Sec. 14-398. Annual service fee.
Sec. 14-399. Reinspection fee.
Sec. 14-400. Delinquent fees; penalty for late payment.
Sec. 14-401. Exemption.
Sec. 14-402. Violations.
Sec. 14-403. Enforcement.
Sec. 14-404. Relocation of tenants.
Sec. 14-405. Appeal.
Sec. 14-406. Retaliatory eviction.
Sec. 14-407. Administrative Inspection/Abatement Warrant Fee
Secs. 14-408--14-430. Reserved.
Article XV. Design Standards for Existing Unreinforced Masonry Buildings
Sec. 14-431. Purpose and intent.
Sec. 14-432. Design standards adopted.
Sec. 14-433. Permit required.
Sec. 14-434. Reconstruction required.
Secs. 14-435--14-460. Reserved.
Article XVI. Building Security
Sec. 14-461. Purpose.
Sec. 14-462. Scope.
Sec. 14-463. Enforcement.
Sec. 14-464. Responsibility for security.
Sec. 14-465. Right of entry of inspectors.
Sec. 14-466. Violations.
Sec. 14-467. Appeal.
Sec. 14-468. Exceptions.
Sec. 14-469. Definitions.
Sec. 14-470. Commercial building security provisions.
Sec. 14-471. Residential security provisions.
Secs. 14-472--14-499. Reserved.
Article XVII. Gas Shut-Off Devices
Sec. 14-500. Gas shut-off definitions.
Sec. 14-501. Scope.
Sec. 14-502. Exceptions.
Sec. 14-503. General requirements.
Sec. 14-504. List of approved valves and devices.
Secs. 14-505--14-634. Reserved.
Article XVIII. Vacant Buildings
Sec. 14-635. Purpose.
Sec. 14-636. Definitions.
Sec. 14-637. Owner's responsibility.
Sec. 14-638. Inspection program.
Sec. 14-639. Boarding permits required.
Sec. 14-640. Standards for securing building.
Sec. 14-641. Enforcement; penalty.
Secs. 14-642--14-699. Reserved.
Article XIX. Residential Building Code
Sec. 14-700. Residential Building Code adopted.
Sec. 14-701. Administrative changes to the Residential Building Code.
Sec. 14-702. Findings.
Sec. 14-703. Amendments. (Residential Building Code Section R403.1.3).
Secs. 14-704--14-799. Reserved.
Article XX. Green Building Standards
Sec. 14-800. Green Building Standards Code adopted.
ARTICLE I. IN GENERAL
Secs. 14-1--14-30. Reserved.
ARTICLE II. CODE ENFORCEMENT
Sec. 14-31. Reinspection fees.
Whenever a Building Division or Neighborhood Preservation Division employee has made an inspection or researched records in connection with the enforcement of this Code and/or any other code which said department is legally entitled to enforce, and whenever said employee has requested an individual or agency to perform work, take action, or refrain from action to insure compliance with said codes, and when, upon reinspection or subsequent record searches, said employee discovers that the work, action, or inaction requested has not been performed as requested, the individual or agency shall be charged a reinspection fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 9800; Ord. No. 1136; Ord. No. 1237; Ord. No. 94-5)
(a) The Building Official, the Building Inspection Supervisor, and the Neighborhood Preservation Division have the nonexclusive duty to enforce the following provisions of this Code:
(Code 1965, § 9801; Ord. No. 1237; Ord. No. 94-5)
Chapter 10:
Article II
Article III
Chapter 14:
Article II
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Chapter 38:
Sections 38-2 through 38-4
Chapter 66:
Section 66-9
Chapter 82:
Sections 82-31 through 82-34, 82-36, 82-37, 82-43, 82-53
Chapter 90:
Article VIII
Article IX
Chapter 110:
Article IV, division 1
Article IV, division 2
Chapter 122:
Sections 122-1 through 122-10
Article II, division 3
Article II, division 4
Article II, division 6
Article II, division 8
Article III, division 1
Article III, division 2
Article III, division 4
Article III, division 5
Article III, division 6
Article III, division 7
Article III, division 9
Article III, division 10
Article III, division 11
Article III, division 12
Article III, division 13
Article III, division 14
Article III, division 15
Article III, division 16
Article III, division 17
Article IV
Article V
Article VII
Article VIII
Article IX
Article XII
(Code 1965, § 9801; Ord. No. 1237; Ord. No. 94-5)
(b) The City Manager is authorized to designate additional chapters of this Code to be enforced by designated city staff.
(Code 1965, § 9801; Ord. No. 94-5)
(c) When enforcing the above provisions, the Building Official, Building Inspection Supervisor, and Neighborhood Preservation Division shall have all the powers delegated by Penal Code § 836.5.
(Code 1965, § 9801; Ord. No. 1237; Ord. No. 94-5)
(d) Those Building Inspectors and Neighborhood Preservation Division staff assigned to code enforcement duties and designated staff of the Public Works Department have the nonexclusive duty to enforce the provisions of this Code set forth above in this section. When enforcing the above provisions, those Building Inspectors, Neighborhood Preservation Division staff, and the Public Works Department staff shall have all the powers delegated by Penal Code § 836.5.
(Code 1965, § 9801; Ord. No. 1237; Ord. No. 85-39; Ord. No. 94-5)
Secs. 14-33--14-60. Reserved.
ARTICLE III. UNIFORM ADMINISTRATIVE CODE
Sec. 14-61. International Building Code Division II adopted.
Division II of the 2009 International Building Code, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9150; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 07-13; Ord. No. 11-1)
The purpose of this code is to provide for the administration and enforcement of the technical building and related codes adopted by the city.
(Code 1965, § 9151; Ord. No. 97-9)
Any person desiring a permit required by any of the building or related codes shall, at the time of filing an application therefor, pay a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 9152; Ord. No. 97-9)
Sec. 14-64. Violations; penalties.
It shall be unlawful for a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building, structure, or building service equipment, or cause or permit the same to be done, in violation of this code and the technical codes. Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor for each and every day, or portion thereof, such violation continues. Upon conviction of any such violation, such person, firm, or corporation shall be punishable in accordance with section 1-23 of this Code.
(Code 1965, § 9153; Ord. No. 97-9)
Secs. 14-65--14-90. Reserved.
ARTICLE IV. BUILDING CODE
Sec. 14-91. Building Code adopted.
The 2010 California Building Code, California Code of Regulations, Title 24, Part 2, incorporating the 2009 International Building Code, together with Appendix Chapters C, I, and J, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9100; Ord. No. 851; Ord. No. 992; Ord. No. 1136; Ord. No. 1157; Ord. No. 85-19; Ord. No. 87-17; Ord. No. 89-12; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 02-9, § 1; Ord. No. 06-5; Ord. No. 07-13; Ord. No. 11-1)
Sec. 14-92. Administrative changes to adopted building code.
(a) Expiration. Section 105.5 of Division II, adopted by section 14-61, is amended to read as follows:
105.5 Expiration.
Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of more than 180 days after the work is commenced. Before such work can be recommenced, the permit shall be renewed, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after suspension or abandonment for more than one year, the permittee shall pay a new full permit fee.
A permittee holding an unexpired permit may apply for an extension of the time within which the permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
Notwithstanding the above provisions, every permit issued by the Building Official under the provisions of this code shall expire and become null and void if the work authorized by such permit is not completed within 4 years from the date of issuance of such permit. The Building Official may extend this time on written request by the permittee showing that circumstances beyond the control of the permittee have prevented the completion of the work, and further provided the work has been ongoing and is continuing. The provisions of this paragraph shall apply to permits issued on and after January 1, 2011.
(Code 1965, § 9101; Ord. No. 87-17; Ord. No. 90-12; Ord. No. 99-7; Ord. No. 07-13; Ord. No. 11-1)
(b) Fees. Section 109.2 of Division II, adopted by section 14-61, is amended to read as follows:
109.2 Schedule of permit fees. Any person desiring a permit shall, at the time of filing an application therefor, pay a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 9101; Ord. No. 87-17; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 94-5; Ord. No. 99-7; Ord. No. 07-13; Ord. No. 11-1)
(c) Violations; penalties. Section 114.4 of Division II, adopted by section 14-61, is amended to read as follows:
114.4 Violation penalties. Any person, firm, or corporation violating any of the provisions of this code or of the companion Building Code Standards shall be deemed guilty of a misdemeanor for each and every day, or portion thereof, such violation continues. Upon conviction of any such violation, such person, firm, or corporation shall be punishable in accordance with section 1-23 of this Code.
(Ord. No. 11-1)
Pursuant to California Health and Safety Code sections 17958.7 and 19941.5(b), the City Council hereby finds that modifications are reasonably necessary to sections 14-94 and 14-95 of the 2010 California Building Code, as adopted in section 14-91, because of the following local geological conditions in the City of Concord:
(Code 1965, § 9103; Ord. No. 99-7; Ord. No. 02-9, § 2; Ord. No. 07-13; Ord. No. 11-1)
(1) The City of Concord is within an active seismic area.
(2) The Tri-Chapter Uniform Code Committee (TUCC) a committee made up of local and regional building officials, code consultants, architects, engineers and industry representatives for the three local Bay Area International Code Council chapters (East Bay, Peninsula and Monterey Bay Chapters) has identified two significant inadequacies in the structural provisions of the 2010 California Building Code related to seismic performance. These amendments are necessary to minimize damage during moderate to strong earthquake motions.
Sec. 14-94. Amendments; (Building Code Section 1613.8; Equation 12.8-16).
Section 1613.8 is amended by modifying Equation 12.8-16 to include the Importance Factor, I, in the numerator. (Reference in Section 14-94 above was a modification to an older version of the California Building Code and currently not required. See Section 1613.6.7, Equation 16-44 of the current adopted 2010 California Building Code. )
(Code 1965, § 9104; Ord. No. 99-7; Ord. No. 02-9, § 2; Ord. No. 07-13; Ord. No. 11-1)
Sec. 14-95. Amendments; (Building Code Section 1908.1.8 ACI, Section 22.10).
Section 1908.1.8 ACI, Section 22.10 is amended to read as follows:
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
22.10 Plain concrete in structures assigned to Seismic Design Category C, D, E, and F.
22.10.1 Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the support member does not exceed the footing thickness.
EXCEPTION: in detached one and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(b) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
EXCEPTION: In detached one and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less that 0.002 times the gross cross-sectional area of the footing.
The amendment set forth in this article is reasonably necessary because of the following local climatic, geological or topographical conditions:
(1) The City of Concord is within an active seismic area.
(2) Isolated spread footings are integral to the design of buildings. Verifying the strength of concrete in these footings is equally important as the perimeter building footings. This will add the requirement that was in the previous code.
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
Sec. 14-97. Special Inspection (Building Code Section 1704.4, Exception 1).
The text of Building Code section 1704.4 Exception 1 is amended to include: "and the structural design of isolated spread footing is based on a specific, no greater than 2,500 pounds per square inch (psi), regardless of the compressive strength specified in the construction documents or used in the footing construction."
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
The amendment set forth in this article is reasonably necessary because of the following local climatic, geological or topographical conditions:
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
(1) The City of Concord is within an active seismic area.
(2) Gypsum wallboard and exterior Portland cement plaster have performed poorly during recent California seismic events.
(3) The shear values for gypsum wallboard and Portland cement stucco contained in the code are based on mono-directional testing.
(4) The limitation on the use of these systems shall be as set forth in the amendment until cyclic loading testing are performed and evaluated using a more restrictive standard which will better prevent damage which can result from local conditions.
Sec. 14-99. Bracing (Building Code Sections 2308.6, 2308.9.3, Table 2308.12.4, and 2505.1).
The text of Building Code sections 2308.6, 2308.9.3, Table 2308.12.4, and 2505.1 are modified, deleted, and replaced with the following:
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
(a) The text of Building Code section 2308.6 is deleted and replaced with the following:
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. 11-1)
2308.6 Foundation plates or sills. Foundations and footings shall be as specified in Chapter 18. Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates and sills shall be bolted or anchored to the foundation with not less than 5/8-inch diameter (15.9 mm) steel bolts or approved anchors. Bolts shall be embedded at least 7 inches (178 mm) into concrete or masonry, and spaced not more than 6 feet (1829 mm) apart. There shall be a minimum of two bolts or anchor straps per piece with one bolt or strap located not more than 12 inches (305 mm) or less than 4 inches (102 mm) from each end of each piece. A steel plate washer shall be placed between the foundation sill plate and the nut as required in Section 2308.12.8.
(b) The text of Building Code section 2308.9.3 is deleted and replaced with the following:
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. 11-1)
2308.9.3 Bracing.
A. Braced wall lines shall consist of braced wall panels, which meet the requirements for location, type and amount of bracing as shown in Figure 2308.9.3, specified in Table 2308.9.3(1) and are in line or offset from each other by not more than 4 feet (1219 mm). Braced wall panels shall start not more than 12.5 feet (3810 mm) from each end of a braced wall line. Braced wall panels shall be clearly indicated on the plans. Construction of braced wall panels shall be by one of the following methods:
1. Wood boards of 5/8-inch (16 mm) net minimum thickness applied diagonally on studs spaced not over 24 inches (610 mm) on center.
2. Wood structural panel sheathing with a thickness not less than 5/16-inch (7.9 mm) for 16-inch (406 mm) stud spacing and not less than 3/8-inch (9.5 mm) for 24-inch (610 mm) stud spacing in accordance with Tables 2308.9.3(2) and 2308.9.3(3).
3. Fiberboard sheathing 4-foot by 8-foot (1219 mm by 2438 mm) panels not less than 1/2-inch (13 mm) thick applied vertically on studs spaced not over 16-inches (406 mm) on center when installed in accordance with Section 2306.6 and Table 2306.6.
4. Particleboard wall sheathing panels where installed in accordance with Table 2308.9.3(4).
5. Hardboard panel siding when installed in accordance with Section 2303.8 and Table 2309.9.3(5).
For cripple wall bracing see Section 2308.9.4.
For methods 1, 2, 3, 4, and 5, each braced wall panel must be at least 48-inches (1219 mm) in length, covering three stud spaces where studs are 16-inches (406 mm) apart and covering two stud spaces where studs are spaced 24-inches (610 mm) apart.
B. All vertical joints of panel sheathing shall occur over studs. Horizontal joints shall occur over blocking equal in size to the studding except where waived by the instillation requirements for the specific sheathing materials.
C. Braced wall panel sole plates shall be nailed to the floor framing and top plates shall be connected to the framing above in accordance with Table 2304.9.1. Sills shall be bolted to the foundation or slab in accordance with Section 1805.6. Where joists are perpendicular to braced wall lines above, blocking shall be provided under and n line with the braced wall panels.
(c) In the text of Footnotes "b" and "c" of Building Code Table 2308.12.4, all references to "gypsum board", "lath and plaster", "Portland cement plaster", and "gypsum sheathing boards" are deleted.
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
(d) The text of Building Code section 2505.1 is deleted.
(Ord. No. 02-9, § 3; Ord. No. 07-13; Ord. No. 11-1)
Secs. 14-100--14-120. Reserved.
ARTICLE V. HOUSING CODE
Sec. 14-121. Uniform Housing Code adopted.
The Uniform Housing Code, 1997 edition, first printing, copyright 1997 by the International Conference of Building Officials, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9120; Ord. No. 851; Ord. No. 992; Ord. No. 1136; Ord. No. 84-9; Ord. No. 87-18; Ord. No. 89-12; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7)
Sec. 14-122. Administrative changes to adopted housing code.
(a) Fees. Section 302 shall be amended by substitution of the following:
Any person desiring a permit required by this code shall, at the time of filing an application therefor, pay a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 9121; Ord. No. 1136; Ord. No. 84-9; Ord. No. 87-18; Ord. No. 90-12)
(b) Violations; penalties. Section 204 shall be amended by addition of the following:
Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor for each and every day, or portion thereof, such violation continues. Upon conviction of any such violation, such person, firm, or corporation shall be punishable in accordance with section 1-23 of this Code.
In addition to the above-referenced violation and penalty provisions, the Building Official, when it is determined that housing is substandard and the owner of the housing derives rental income therefrom, may utilize the procedures set forth in Revenue and Taxation Code § 17299 or 24436.5 denying certain tax benefits to the owner of the substandard housing.
(Code 1965, § 9121; Ord. No. 1237; Ord. No. 84-9; Ord. No. 87-18; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 94-5)
(c) Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the city.
(Code 1965, § 9121; Ord. No. 87-18; Ord. No. 90-12; Ord. No. 97-9)
(d) Unsafe buildings. Section 202 and chapters 11, 12, 13, 14, 15, and 16 shall be amended by substitution of chapter 14, article X (Abatement of Dangerous Buildings Code) of this Code.
(Code 1965, § 9121; Ord. No. 87-18; Ord. No. 90-12)
Secs. 14-123--14-150. Reserved.
ARTICLE VI. FIRE CODE*
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*Cross references: Fire prevention and protection, ch. 30.
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Sec. 14-151. Fire Code adopted.
The 2010 California Fire Code, California Code of Regulations Title 24, Part 9, incorporating the 2009 International Fire Code, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9140; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 02-9, § 4; Ord. No. 07-19; Ord. No. 08-6; Ord. No. 11-1)
Sec. 14-152. Contra Costa County Fire Protection District Ordinance adopted.
Ordinance 2010-15 of the Contra Costa County Fire Protection District, adopted December 7, 2010, is hereby ratified by the City Council under the authority of California Health and Safety Code § 13869.7. Ordinance 2010-15 adopts the 2010 California Fire Code (California Code of Regulations, Title 24, Part 9, including Chapters 1-45 and 47-49, Appendix Chapter 4, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I and Appendix J), as amended by the changes, additions and deletions set forth in the ordinance. The provisions of the 2010 California Fire Code as amended by District Ordinance 2010-15 shall be controlling and enforceable within the jurisdictional boundaries of the City of Concord.
(Ord. No. 08-6; Ord. No. 11-6)
Sec. 14-153. Delegation of enforcement to Fire Chief.
Pursuant to Health and Safety Code § 13869.7, the City Council delegates enforcement of County Ordinance 2010-15 to the Fire Chief of the Contra Costa County Fire Protection District or his or her authorized representatives. The Chief Building Official shall file a copy of the findings of the District and the adopted ordinance with the Department of Housing and Community Development.
(Ord. No. 08-6; Ord. No. 11-6)
Secs. 14-154--14-180. Reserved.
ARTICLE VII. ELECTRICAL CODE*
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*Cross references: Utilities, ch. 110.
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Sec. 14-181. Electrical Code adopted.
The 2010 California Electrical Code, California Code of Regulations Title 24, Part 3, incorporating the 2008 National Electrical Code, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9200; Ord. No. 851; Ord. No. 904; Ord. No. 1036; Ord. No. 1136; Ord. No. 1201; Ord. No. 87-18; Ord. No. 89-12; Ord. No. 91-20; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 02-9, § 5; Ord. No. 05-8; Ord. No. 07-13; Ord. No. 11-1)
Secs. 14-182--14-210. Reserved.
ARTICLE VIII. PLUMBING CODE
Sec. 14-211. Plumbing Code adopted.
The 2010 California Plumbing Code, California Code of Regulations Title 24, Part 5, incorporating the 2009 Uniform Plumbing Code, together with Appendix Chapters A, B, D, I, and K, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9300; Ord. No. 851; Ord. No. 992; Ord. No. 1136; Ord. No. 1201; Ord. No. 87-18; Ord. No. 89-12; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 02-9, § 7; Ord. No. 07-13; Ord. No. 11-1)
Sec. 14-212. Violations; penalties.
Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor for each and every day, or portion thereof, such violation continues. Upon conviction of any such violation, such person, firm, or corporation shall be punishable in accordance with section 1-23 of this Code.
(Code 1965, § 9302; Ord. No. 87-18; Ord. No. 92-25; Ord. No. 94-5)
Secs. 14-213--14-240. Reserved.
ARTICLE IX. MECHANICAL CODE
Sec. 14-241. Mechanical Code adopted.
The 2010 California Mechanical Code, California Code of Regulations Title 24, Part 4, incorporating the 2009 Uniform Mechanical Code, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9400; Ord. No. 851; Ord. No. 992; Ord. No. 1136; Ord. No. 1201; Ord. No. 85-3; Ord. No. 87-18; Ord. No. 89-12; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 02-9, § 9; Ord. No. 07-13; Ord. No. 11-1)
Secs. 14-242--14-270. Reserved.
ARTICLE X. ABATEMENT OF DANGEROUS BUILDINGS CODE
Sec. 14-271. Uniform Code for the Abatement of Dangerous Buildings adopted.
The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, first printing, copyright 1997 by the International Conference of Building Officials, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as is fully set forth.
(Code 1965, § 9600; Ord. No. 748; Ord. No. 90-12; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7)
Sec. 14-272. Final action of City Council regarding dangerous building.
Upon receiving the report of the Board of Appeals that a public hearing was held and that good and sufficient cause does not exist why said buildings or structures should not be removed or repaired, the City Council, by resolution, shall order the Building Official to abate said nuisance after a period of 30 days by having the unsafe or dilapidated buildings or structures referred to removed or repaired, and he and his authorized representatives are hereby expressly authorized to enter upon private property for that purpose.
(Code 1965, § 9601; Ord. No. 97-9)
Secs. 14-273--14-300. Reserved.
ARTICLE XI. SWIMMING POOL, SPA, AND HOT TUB CODE*
__________
*Cross references: Zoning, ch. 122.
__________
Sec. 14-301. Uniform Swimming Pool, Spa, and Hot Tub Code adopted.
The Uniform Swimming Pool, Spa, and Hot Tub Code, 1997 edition, first printing, copyright 1997 by the International Association of Plumbing and Mechanical Officials, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9700; Ord. No. 1136; Ord. No. 87-18; Ord. No. 89-12; Ord. No. 92-25; Ord. No. 97-9; Ord. No. 99-7)
Sec. 14-302. Permissive exemption from fencing requirement.
The City Council may grant an exception to the requirement of fencing a swimming pool when it finds that, under all applicable circumstances and conditions, the pool does not constitute a safety hazard, though all conditions for the mandatory exemption are not met.
(Code 1965, § 9706; Ord. No. 428; Ord. No. 1244; Ord. No. 90-5; Ord. No. 90-12)
Secs. 14-303--14-330. Reserved.
ARTICLE XII. ADDRESSING*
__________
*Cross references: Streets, sidewalks, and other public places, ch. 90.
__________
It is the purpose and intent of this article and in the interest of the public health, safety, and welfare to provide an orderly building numbering system and to ensure that emergency services, as well as other services and utilities, will not encounter any difficulty or delay in locating buildings in the city.
(Code 1965, § 9500; Ord. No. 920; Ord. No. 86-16)
Sec. 14-332. System and basis for numbering.
The system for addressing properties in the city shall be based upon a modification to a proposed central county numbering system. Contra Costa Boulevard connected to Freeway #680 comprises the north-south zero base line and Ygnacio Valley Road connected to Freeway #24 comprises the east-west zero base line. The addresses increase to the east and to the north with the intersection of Salvio Street, Galindo Street, and Concord Avenue being the 2000 block in both directions.
(Code 1965, § 9501; Ord. No. 920; Ord. No. 86-16)
Sec. 14-333. Posting of addresses on buildings.
Each building shall have numbers indicating the address, which numbers will be a minimum of three inches in height and placed on the building in such a manner that the number is visually unobstructed from the public right-of-way. If the building is located more than 50 feet from the public right-of-way which allows access to the property, the number should also be posted at the driveway entry to the property from the public right-of-way. Such address sign should not be more than three feet in height and one square foot in area.
(Code 1965, § 9502; Ord. No. 920; Ord. No. 86-11)
Sec. 14-334. Assignment of addresses.
The city shall maintain a policy and procedure setting forth guidelines for the assignment of addresses.
(Code 1965, § 9503; Ord. No. 86-11)
Sec. 14-335. Changes of existing addresses.
If existing addresses do not conform to the city's numbering system or if addresses are inconsistent with valid addresses in the vicinity, the city may change such nonconforming addresses. In the event addresses are to be changed, affected owners and residents shall be given reasonable notice prior to the effective date of the address change in order to allow sufficient time to notify correspondents, subscriptions, etc.
(Code 1965, § 9504; Ord. No. 920; Ord. No. 86-16)
Sec. 14-336. Multi-unit buildings and complexes.
Any building or group of buildings consisting of three or more units shall have installed, at each public entrance and along each public street, a directory-type site plan sufficient to provide orientation and direction to each unit within that building or complex.
(Code 1965, § 9505; Ord. No. 920; Ord. No. 86-11; Ord. No. 86-16)
It shall be unlawful for any person to fail to comply with the provisions of this article.
(Code 1965, § 9506; Ord. No. 920)
Secs. 14-338--14-360. Reserved.
ARTICLE XIII. CABLE TELEVISION FACILITIES IN NEW DEVELOPMENT*
__________
*Cross references: Telecommunications, ch. 102.
__________
Sec. 14-361. New development undergrounding.
(a) For the purposes of this section, the term "licensee" shall mean a person or entity licensed pursuant to chapter 102, article II, of this Code to operate a cable communications system in the city.
(Code 1965, § 9810; Ord. No. 88-5)
(b) In cases of new construction or property development where utilities are to be placed underground, the developer, property owner, or joint trench coordinator shall give the licensee reasonable prior written notice of such construction or development, together with the particular date on which open trenching is anticipated to be available for installation of the licensee's conduit, pedestals, and/or vaults for extension of the licensee's cable communications system to and within the area of such construction or property development.
(Code 1965, § 9810; Ord. No. 88-5)
(c) Promptly thereafter, the licensee shall provide, at its expense, specifications to the developer, property owner, or joint trench coordinator as needed for: (1) trenching and backfilling; (2) installation of conduit, pedestals, and/or vaults; and (3) the pre-wiring of such residential units as are to be constructed on the property or within the development.
(Code 1965, § 9810; Ord. No. 88-5)
(d) The developer or property owner shall, at its cost and expense, perform all necessary trenching, backfilling, and paving for the underground cable distribution system, service laterals, and service drop trenches located on such property or within such development to the point of entry for each residential unit in accordance with the licensee's current specifications therefor provided to the developer, property owner, or joint trench coordinator pursuant to subsection (c) above.
(Code 1965, § 9810; Ord. No. 88-5)
(e) The cost of all conduit, vaults, and/or pedestals required for the underground distribution system, service laterals, and service drops of the licensee's cable communications system located on such property or within such development shall be borne by the licensee. The cost of the cable and associated electronic components shall be borne by the licensee. Upon installation of the cable and electronic components thereon, the ownership of such conduit, vaults, and/or pedestals shall be in the licensee.
(Code 1965, § 9810; Ord. No. 88-5)
(f) The developer or property owner shall, at its cost and expense, perform all necessary trenching, backfilling, and paving or, at the licensee's option, reimburse the licensee for the actual cost and expense incurred by the licensee for such work in connection with the extension of its trunk facilities and/or distribution cable from: (1) the point of their closest approach to such property or development; (2) to such property or development. Reimbursement shall be made within 30 days after submission to the developer or property owner of an itemized statement for such extension.
(Code 1965, § 9810; Ord. No. 88-5)
(g) The property owner or developer shall specifically provide for the location of the facilities of the licensee's cable television system within such property or development and shall designate, on a map, the specific portion or portions of such property or development within which the distribution system service laterals and service drops of the cable television system (whether aerial or underground) are to be constructed, installed, and maintained. The property owner shall dedicate, to the licensee, the portion or portions of such property or development not in the public right-of-way provided for such purposes by way of easements or similar grants satisfactory to the licensee.
(Code 1965, § 9810; Ord. No. 88-5)
Secs. 14-362--14-390. Reserved.
ARTICLE XIV. MULTIPLE-FAMILY RENTAL DWELLING UNIT INSPECTION AND MAINTENANCE CODE*
__________
*Cross references: Zoning, ch. 122.
__________
These regulations shall be known as the Multiple Family (multifamily) Rental Dwelling Unit Inspection and Maintenance Code of the City of Concord, herein referred to as "this code."
(Code 1965, § 9820; Ord. No. 00-2; Ord. No. 06-5)
The purpose of this Article is to proactively identify blighted and deteriorated housing stock and to ensure the rehabilitation or elimination of housing that does not meet minimum building code and housing code standards, exterior maintenance standards, and site maintenance standards, or is not safe to occupy and further to preserve and enhance the quality of life for residents of the city living in multifamily dwelling units.
(Code 1965, § 9821; Ord. No. 00-2; 03-7, § 1; Ord. No. 06-5)
This Article shall apply to all existing residential rental buildings, including roominghouses, having four units or more on one parcel or site, including parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas. Hotels, motels, bed and breakfasts, and similar occupancies are specifically excluded from the requirements of this code.
(Code 1965, § 9822; Ord. No. 00-2; 03-7, § 2; Ord. No. 06-5)
Sec. 14-394. Inspections authorized; compliance with applicable codes and standards.
(a) Inspections; conformance with standards.
(1) The City Manager or the City Manager's designated representative, hereinafter referred to as "inspector," may inspect rental dwelling units containing four units or more and their associated properties to determine whether such properties comply with applicable provisions of the Municipal Code, California Health and Safety Code Division 13, Part 1.5, and with all previous conditions of approval and agreements. Applicable provisions of the Municipal Code include, but are not limited to, the California Code of Regulations including the building, dangerous building, housing, fire, electrical, plumbing, mechanical, and swimming pool, spa, and hot tub codes and the exterior maintenance standards.
(Code 1965, § 9823; Ord. No. 00-2; Ord. No. 06-5)
(2) When inspections are made, buildings shall be required to be in conformance and maintained in accordance with the code standard that was in effect at the time the building was constructed, except for any additional requirements mandated by the Municipal Code or state law.
(Code 1965, § 9823; Ord. No. 00-2; Ord. No. 06-5)
(b) Noncomplying structures. Structures and premises that do not comply with the provisions of this code and the codes listed above shall be altered or repaired to obtain the required level of compliance or demolished.
(Code 1965, § 9823; Ord. No. 00-2; Ord. No. 06-5)
Sec. 14-395. Exterior maintenance standards.
Pursuant to the California Code of Regulations, California Health and Safety Code, and Concord Municipal Code, residential rental buildings shall meet the following exterior maintenance standards which include, but are not limited to:
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(1) Buildings, or portions thereof, shall have exterior walls that are weathertight and watertight, and kept free of deterioration, holes, breaks, or loose boards or coverings. Roof surfaces and flashings shall be watertight and not have any defects that will allow water to enter into the structure;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(2) The exterior finish of all structures shall be maintained. If the exterior finish of a structure is paint or stain, the structure shall be painted or stained prior to a time when the exterior finish has substantially deteriorated. Paint that is peeling, flaking, scaling, cracking or chalking shall be eliminated and surfaces repainted;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(3) All architectural projections such as cornices, moldings, lintels, sills and similar projections shall be maintained in good repair and free of defects;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(4) All chimneys, antennas, vents, gutters and downspouts and similar projections or building accessories shall be structurally sound and in good repair. Such projections shall be properly secured, when applicable, to an exterior wall or roof;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(5) Windows and exterior glazing shall be soundly and adequately glazed, free from loose and broken glass and cracks that could cause physical injury or allow the elements to enter the structure. Exterior doors shall be maintained weathertight, watertight and rodentproof. Exterior doors of rental dwelling units shall be solid core or equivalent and be provided with a deadbolt-locking device that tightly secures the door;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(6) Windows equipped with screens at the time of their installation shall be maintained. All such screens shall be free from tears, holes or imperfections of the frame that could admit insects and other vermin;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(7) All structures and exterior property shall be maintained free of rodent, insect or vermin infestation, which creates an unsafe or unsanitary environment on the subject, or adjacent buildings or properties;
(Code 1965, § 9824; Ord. No. 00-2; Ord. No. 06-5)
(8) All accessory structures shall be maintained in a state of good repair or removed from the site. Such structures shall include, but not be limited to, clubhouses, offices, maintenance buildings, carports, retaining walls, fences, garages, swimming pools, spas, hot tubs, and miscellaneous sheds or structures. Placement and erection of these structures shall be in accordance with the Zoning Ordinance of the Concord Municipal Code and all applicable building codes;
(Ord. No. 06-5)
(9) All signs and building identification markings or lettering, such as numbers or addresses shall be maintained in good repair.
(Ord. No. 06-5)
Sec. 14-395.5. Interior maintenance standards.
Pursuant to the California Code of Regulations, California Health and Safety Code, and Concord Municipal Code, residential rental buildings shall meet the following interior maintenance standards which include, but are not limited to:
(Ord. No. 06-5)
(1) Every rental housing unit shall have hot water service that is maintained in sound condition, capable of furnishing hot water to every required fixture in the unit with a minimum temperature of one hundred ten degrees (110°). Water heating units shall be equipped with a temperature and pressure relief value and discharge line. All existing water heater units shall be secured by straps to resist horizontal displacement due to earthquake motion. Strapping shall be installed in accordance with California Health & Safety Code section 19215.
(Ord. No. 06-5)
(2) Bathroom and kitchen fixtures shall have sufficient water flow and pressure.
(Ord. No. 06-5)
(3) The installation of smoke alarms (detectors) shall meet the design requirements found in section 310.9.1.3 California Building Code. Smoke alarms are permitted to be solely operated by battery in existing buildings, or in buildings without commercial power. Smoke alarms shall be installed in all existing rental housing units in the following locations:
(Ord. No. 06-5)
(a) In each room used for sleeping purposes;
(Ord. No. 06-5)
(b) On the ceiling or wall centrally located in the corridor or area giving access to each sleeping area;
(Ord. No. 06-5)
(c) When the dwelling unit has more than one story and in dwellings with basements, an alarm shall be installed on each story and in the basement;
(Ord. No. 06-5)
(d) In dwelling units where a story or basement is split into two or more levels, the smoke alarm shall be installed on the upper level, except that when the lower level contains a sleeping area, an alarm shall be installed on each level;
(Ord. No. 06-5)
(e) When sleeping rooms are on an upper level, the alarm shall be placed at the ceiling of the upper level in close proximity to the stairway; and
(Ord. No. 06-5)
(f) In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches or more, smoke alarms shall be installed in the hallway and in the adjacent room.
(Ord. No. 06-5)
(4) Interior walls and ceilings shall be kept in sound condition free of holes, cracks or breaks that could injure a person, admit or harbor insects or rodents, or admit dampness.
(Ord. No. 06-5)
(5) Interior wall and ceiling, cabinet and all appurtenances thereto shall be kept in sound condition free of any loose, cracked, scaling, chipping or peeling paint or plaster.
(Ord. No. 06-5)
(6) Floor coverings that are torn or loose and located on or near stairway shall be removed and repaired to prevent tripping.
(Ord. No. 06-5)
(7) Floor coverings such as carpeting, tile, linoleum and similar materials shall be repaired or replaced when the floor covering is severely deteriorated or when the condition of the floor covering creates an unsafe or unsanitary environment.
(Ord. No. 06-5)
(8) No owner, agent or manager or occupant shall cause any services, facilities, equipment or utilities which are required under the California Code of Regulations to be removed from, shut off or discontinued in any occupied dwelling unit except for such temporary interruption as may be necessary while actual repairs or alternations are in process.
(Ord. No. 06-5)
Sec. 14-396. Site maintenance standards.
Residential rental sites shall meet the following site maintenance standards:
(Code 1965, § 9825; Ord. No. 00-2; Ord. No. 06-5)
(1) The accumulation of weeds, vegetation, junk (to include, but not be limited to, abandoned, unused or nonoperational appliances, equipment, vehicles, machinery, or household furnishings), dead organic matter, debris, garbage, stagnant water, combustible materials or similar materials or conditions shall be subject to the applicable provisions of chapter 62, article III, chapter 62, article VI, and chapter 82, article II, of this Code;
(Code 1965, § 9825; Ord. No. 00-2; Ord. No. 06-5)
(2) All parking areas shall be kept free of potholes, cracks or other deterioration. No dirt, grass or sod parking areas are allowed. All striping and signage, including parking signage and fire lane or access signage, shall be maintained in good condition and clearly legible;
(Code 1965, § 9825; Ord. No. 00-2; Ord. No. 06-5)
(3) All landscaped areas shall be maintained so as not to constitute a public nuisance, a visual blight, and/or a public safety hazard and all dead or severely damaged plant materials shall be removed. The owner then has the option of replacing the plant material or submitting a landscape plan to the Planning Division for approval. Landscape areas are defined as the general landscape area, rights-of-way and detention or pond areas. Driveways, hardscape parking areas, patios or walks are not included as landscape areas; and
(Code 1965, § 9825; Ord. No. 00-2; Ord. No. 06-5)
(4) Refuse (as defined in section 82-31 of this Code) enclosures shall be installed and maintained at multifamily dwellings. All refuse shall be kept inside the enclosure. Oversized trash that will not fit within the refuse enclosure shall be removed from the property. In locations where individual receptacles are used, each unit will comply with Concord Municipal Code sections 82-36(b) and 62-32(1)u.
(Code 1965, § 9825; Ord. No. 00-2; Ord. No. 06-5)
Sec. 14-397. Notification of inspection; inspection procedure.
(a) A letter of intent to inspect a property shall be mailed to the owner of the property stating the date and time of the inspection. Such notification shall give a minimum of 14 days notice.
(Code 1965, § 9826; Ord. No. 00-2; Ord. No. 06-5)
(b) It shall be the responsibility of the owner to notify the individual tenants of the inspection and ensure access to the units to be inspected.
(Code 1965, § 9826; Ord. No. 00-2; Ord. No. 06-5)
(c) Should an inspection need to be canceled or rescheduled by the inspector, a notice shall be mailed to the owner at least ten days prior to the scheduled inspection date.
(Code 1965, § 9826; Ord. No. 00-2; Ord. No. 06-5)
(d) Should an inspection need to be canceled or rescheduled by the owner, the owner shall notify the city in writing at least 10 days prior to the scheduled inspection date. Failure of the owner to do so will result in the issuance of a reinspection fee which will be assessed in the manner described in Sec. 14-399 below.
(Code 1965, § 9826; Ord. No. 00-2; Ord. No. 06-5)
(e) The owner or owner's designated agent shall accompany and escort the inspector through the inspection of the property on the scheduled inspection date and time.
(Ord. No. 06-5)
(f) In the event an owner or tenant in possession of the property to be inspected refuses access to said property, the City Attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place.
(Ord. No. 06-5)
Sec. 14-398. Annual service fee.
Owners of all buildings subject to inspection shall pay the required service fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The fee will be used to finance the cost of inspection and enforcement by the City of Concord. Should the owner fail to pay the required fee, the city will recover it, plus accrued interest and penalties, utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law. This fee shall be known as the Multiple Family Rental Dwelling Unit Inspection and Maintenance Fee.
(Code 1965, § 9827; Ord. No. 00-2; Ord. No. 01-4; Ord. No. 06-5)
Sec. 14-399. Reinspection fee.
Upon inspection, the inspector may instruct the owner of the facility to perform work, take action, or refrain from action to ensure compliance with said codes. If the inspector discovers upon reinspection that the work, action, or inaction requested was not performed, the owner of the facility shall be charged a reinspection fee to the extent set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Should the owner fail to pay the required fee, the city will recover it, plus accrued interest and penalties, utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law.
(Code 1965, § 9827.1; Ord. No. 01-4; Ord. No. 06-5)
Sec. 14-400. Delinquent fees; penalty for late payment.
If an owner of a building, subject to inspection, fails to pay the Multiple Family Rental Dwelling Unit Inspection and Maintenance Fee after 30 days, the owner shall be required to pay the service fee plus a penalty. The penalty shall be calculated as follows:
TABLE INSET:
| Failure to Pay Service Fee After Due Date | Penalty | 31--60 days after due date | 20% of the initial service fee | 61--90 days after due date | 40% of the initial service fee | 91 days or more after due date | 50% of the initial service fee |
(Code 1965, § 9827.2; Ord. No. 00-2; Ord. No. 06-5)
(a) Newly Constructed Buildings. Newly constructed buildings shall be exempt from this Article for a period of five years. The exemption period shall begin to run on the date the Building Division issues a certificate of occupancy.
(Code 1965, § 9827.3; Ord. No. 01-11, § 1; 03-7, § 3; Ord. No. 06-5)
(b) Subsidized Residential Rental Buildings. Those properties where the rents and tenant incomes on 100% of the units (with the exclusion of managers' units) are restricted by Federal, State or Local governmental programs for a period of not less than 30 years, and the restricting agency inspects a percentage of the units at least annually, shall be exempt from this Article.
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(c) Self-Certification Program.
(1) Well-maintained properties with the following characteristics may qualify to participate in the Multiple Family Rental Dwelling Unit Inspection and Maintenance Self-Certification Program:
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(a) No previously identified and uncorrected violations of the California Code of Regulations, State Housing Code, California Health & Safety Code, Uniform Code for the Abatement of Dangerous Buildings or Concord Municipal Code at the time the applicant submits the application for self-certification;
(Ord. No. 06-5)
(b) No outstanding payments associated with the Multi-Family Housing Inspection Self-Certification Program due to the City of Concord; and
(Ord. No. 06-5)
(c) The owner has a current business license for the facility.
(Ord. No. 06-5)
(2) For qualifying participants, the number of inspections will be limited to 20% of the complex's total units, and the property owner will be allowed to remove the property from the full program for a period of three years, provided that the conditions do not deteriorate during that time to the point where the property would no longer meet eligibility standards for program participation.
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(3) Eligibility requires the property owner or his/her designee to conduct a self-inspection of all rental units including interior conditions, exterior conditions and site conditions, and
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(a) Certify that conditions at the property achieve the interior, exterior, and site standards listed on the Multi-Family Housing Inspection Program's Self-Certification Checklist;
(Ord. No. 06-5)
(b) Complete the Self-Certification Application Packet;
(Ord. No. 06-5)
(c) Pay the application fee for self-certification and pay the Multiple Family Rental Dwelling Unit Inspection and Maintenance Fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Ord. No. 06-5)
(4) Upon receipt of the request to participate in the program and payment of the application fee and Multiple Family Rental Dwelling Unit Inspection and Maintenance Fee, the City will inspect 20% of the property's total units. Any fraction thereof will be calculated as a whole unit. The property owner or his/her designee must notify the individual tenants of any inspection and ensure access to units that will be randomly selected for inspection by the City of Concord. If the City Manager or his/her designee determines that the property is qualified to participate in the Self-Certification Program, then the property owner will only be charged for the number of units that are inspected. The full cost for this service will be deducted from the Multiple Family Rental Dwelling Unit Inspection and Maintenance Fee. Any residual funds shall be returned to the property owner. The property owner will thereafter be required to conduct an annual self-inspection and complete the re-certification application form for the next two subsequent years.
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(5) If the City Manager or his/her designee determines that the property is ineligible to participate in the Self-Certification Program, then all the units shall be inspected and the property owner shall be assessed the full annual service fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services for all units, per year.
(Ord. No. 06-5)
(6) At all times, the City of Concord shall retain the authority to investigate and address any violation of the California Health & Safety Code, California Code of Regulations, State Housing Code, Uniform Code for the Abatement of Dangerous Buildings or Concord Municipal Code.
(Ord. No. 06-5)
(7) Any property that participates in the Multi-Family Housing Inspection Self-Certification program may be removed from the program at any time if it fails to meet all of the interior and exterior standards listed on the Self-Certification Checklist. The Self-Certification Checklist shall be created by the City Manager or his/her designee.
(Ord. No. 06-5)
(d) Notwithstanding any of the above-mentioned exemptions, if a property fails to conform, comply or meet any of the aforementioned requirements, the City of Concord may use all available legal means to enforce any provision of this Article.
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(e) Any structure and/or premises that does not comply with the provisions of this section shall be subject to an inspection of all the units along with the fees as shall be set forth in the Resolution of Fees and Charges for Various Municipal Services.
(Ord. No. 03-7, § 3; Ord. No. 06-5)
(a) Report of Inspection. Upon completion of the property inspection the inspector may leave written notice of results of the inspection with the owner and/or representative. In the event that the property owner and/or his or her representative refuse to accept the written notice of results of the inspection, the inspector may post such notice on the property. The notice shall contain an itemization of any violation(s) and set forth a period of time for correction ranging from 24 hours to up to 120 days. The city may extend the time for correction upon a showing by the property owner that additional time is needed.
(Code 1965, § 9828; Ord. No. 00-2; Ord. No. 06-5)
(b) Notice and Order to Correct Violation. Whenever the inspector determines that a violation of this article exists, the inspector shall give notice of violation and order to correct to the owner. The notice shall be in writing and shall describe with reasonable detail the violation so that the owner has the opportunity to correct said violation.
(Code 1965, § 9828; Ord. No. 00-2; 03-7 § 4; Ord. No. 06-5)
(c) Time for Correction. The notice and order shall provide a reasonable time for correction, not to exceed 120 days to correct or otherwise remedy the violation. In determining what is a reasonable time, the City may consider the estimate of local professionals including licensed contractors. The city may extend the time for correction upon a showing by the property owner that additional time is needed.
(Code 1965, § 9828; Ord. No. 00-2; Ord. No. 06-5)
(d) Service of Notice and Order. Notice shall be served personally to the owner or by mailing a copy of the notice by certified mail, return receipt requested to the owner at the address shown on county records. Service of such notice shall be effective on the date the notice is mailed.
(Code 1965, § 9828; Ord. No. 00-2; 03-7 § 4; Ord. No. 06-5)
(e) Formal Notice of Noncompliance. Upon completion of the re-inspection, a formal notice of noncompliance documenting any uncorrected violations shall be mailed to the property owner within ten days of the completion of the re-inspection. The notice of noncompliance shall be filed in the office of the County Recorder, along with a certificate describing the property and certifying that the building is substandard and the owner has been so notified.
(Code 1965, § 9828; Ord. No. 00-2; Ord. No. 06-5)
(f) Building Permits. Building permits for the correction of violations shall be as required by the California Building Code.
(Code 1965, § 9828; Ord. No. 00-2; Ord. No. 06-5)
(g) Re-Inspections. Re-inspections will be conducted to verify that the violations identified on the initial inspection have been corrected. Violations that were not noted on the initial inspection report, but are discovered on the re-inspection due to subsequent damage or deterioration, shall be subject to correction.
(Code 1965, § 9828; Ord. No. 00-2; Ord. No. 06-5)
If an owner fails to correct any violation after receiving notice of the violation, the city may pursue any civil, criminal and/or administrative remedies in order to gain compliance. Further, the city intends to utilize the provisions of Revenue and Taxation Code § 24436.5 to encourage the elimination of substandard conditions in rental housing. Said section provides for the disallowance for state income tax purposes of interest, depreciation, taxes, or amortization deductions which are derived from the ownership of rental housing which is not in compliance. The city is also authorized to use the remedies set forth in the California Building Code and State Housing Code, the California Health & Safety Code.
(Code 1965, § 9829; Ord. No. 00-2; 03-7 § 5; Ord. No. 06-5)
Sec. 14-404. Relocation of tenants.
If any rental unit is found to be unsafe to occupy, the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner. The owner may appeal such costs and expenses before the Board of Appeals pursuant to the procedure set forth in 2001California Code of Regulations, Title 24.
(Code 1965, § 9830; Ord. No. 00-2; Ord. No. 06-5)
Any person aggrieved by a determination of the inspector or a determination regarding eligibility for participation in the Self-Certification Program may appeal to the Board of Appeals in the manner provided in the California Code of Regulations.
(Code 1965, § 9831; Ord. No. 00-2; 03-7 § 6; Ord. No. 06-5)
Sec. 14-406. Retaliatory eviction.
It shall be unlawful for a landlord to recover possession of a rental unit in retaliation against a tenant for exercising his right pursuant to state law.
(Code 1965, § 9832; Ord. No. 00-2; Ord. No. 06-5)
Sec. 14-407. Administrative eviction.
Whenever the City is required to obtain an inspection and/or abatement warrant to inspect and/or abate a violation, a warrant fee to recover attorney's fees and court costs shall be assessed in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Ord. No. 06-5)
Secs. 14-408--14-430. Reserved.
ARTICLE XV. DESIGN STANDARDS FOR EXISTING UNREINFORCED MASONRY BUILDINGS
Sec. 14-431. Purpose and intent.
Unreinforced masonry buildings have a high incidence of damage and a higher degree of damage than normally reinforced buildings. The instability of this type of construction has contributed to the loss of life during seismic episodes. Government Code tit. 2, ch. 12.2, div. 1 (Government Code § 8875 et seq.) requires that the Building Division inspect all commercial buildings within the city limits, submit a list of unreinforced masonry buildings to the state, and mitigate the hazards to provide a higher degree of safety than originally constructed.
(Code 1965, § 9901; Ord. No. 91-8)
Sec. 14-432. Design standards adopted.
The standard referred to in the 2009 International Existing Building Code, Appendix A Chapter A1 (Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings) and Chapter A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings), one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Code 1965, § 9902; Ord. No. 91-8; Ord. No. 97-9; Ord. No. 99-7; Ord. No. 07-13; Ord. No. 11-1)
(a) A permit shall be obtained prior to any construction on structures identified as unreinforced masonry buildings, as defined by the 2009 International Existing Building Code.
(Code 1965, § 9903; Ord. No. 91-8; Ord. No. 07-13; Ord. No. 11)
(b) Persons preparing plans and engineering calculations shall be licensed by the state as either a civil or structural engineer. The license shall be kept current throughout the term of reconstruction, until the certificate of occupancy is issued. The design engineer shall be termed the "engineer of record." A change of engineer during the reconstruction shall be preceded by documentation from the new "engineer of record," accepting design responsibility from the date he assumes responsibility. There shall be no voids between responsible engineers.
(Code 1965, § 9903; Ord. No. 91-8)
Sec. 14-434. Reconstruction required.
(a) Total reconstruction of buildings or portions of buildings defined as unreinforced masonry structures is required within a period of five years from the date of adoption of this article.
(Code 1965, § 9904; Ord. No. 91-8)
(b) Total reconstruction is also required if any of the following occurs within the five-year period in subsection (a) of this section:
(Code 1965, § 9904; Ord. No. 91-8)
(1) Vacancy of the entire building;
(Code 1965, § 9904; Ord. No. 91-8)
(2) Change in occupancy of the entire building;
(Code 1965, § 9904; Ord. No. 91-8)
(3) Increase in calculated occupant load;
(Code 1965, § 9904; Ord. No. 91-8)
(4) Re-roofing the structure over 50 percent of total area during the five-year period;
(Code 1965, § 9904; Ord. No. 91-8)
(5) Change of ownership;
(Code 1965, § 9904; Ord. No. 91-8)
(6) Change of tenants; or
(Code 1965, § 9904; Ord. No. 91-8)
(7) Major remodeling, which is defined as:
(Code 1965, § 9904; Ord. No. 91-8)
a. Over $50,000.00 valuation based on January 1981, ENR U.S. 20 Cities, average construction cost index of 3372.02 (Engineering News Record, McGraw Hill Publishing Company);
(Code 1965, § 9904; Ord. No. 91-8)
b. Over 50 percent of current value based on the County Assessor's records, or equal.
(Code 1965, § 9904; Ord. No. 91-8)
Secs. 14-435--14-460. Reserved.
ARTICLE XVI. BUILDING SECURITY
The purpose of this article is to provide minimum safe standards to safeguard property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the city and certain equipment specifically regulated herein.
(Code 1965, § 3920; Ord. No. 919)
The provisions of this article shall apply to all new construction and to buildings and structures to which additions, alterations, or repairs are made, except as specifically provided in this article. When additions, alterations, or repairs within any 12-month period exceed 50 percent of the replacement value of the existing building or structure, such building or structure shall be made to conform to the new requirements for new buildings or structures. Whenever there is a change in the use of a building or structure from any occupancy category to any category set forth in section 14-470(e) or 14-470(f) below, the building or structure shall be made to conform to the requirements of those sections.
(Code 1965, § 3921; Ord. No. 919; Ord. No. 83-15)
This article shall be administered and enforced by the Building Official.
(Code 1965, § 3922; Ord. No. 919)
Sec. 14-464. Responsibility for security.
The owner or his designated agent shall be responsible for compliance with the specifications set forth in this article.
(Code 1965, § 3923; Ord. No. 919)
Sec. 14-465. Right of entry of inspectors.
With the consent of the owner, his agent, the tenant, or person in charge of the building, employees or agents of the city designated to make inspections herein may enter or go upon or about any building or premises used for business purposes at any reasonable hour for the purpose of inspecting the physical exterior accessible openings of such building or premises or for any other purpose consistent herewith. Such employee or agent shall identify himself by exhibiting a badge or other evidence of his identity and authority. If the city representative is refused admittance, a search warrant may be procured.
(Code 1965, § 3924; Ord. No. 919)
It shall be unlawful for any person to fail to provide such security devices, as hereinafter defined, for the protection of their building.
(Code 1965, § 3925; Ord. No. 919)
Any person involved in a project may appeal the decision of the Building Official to the Board of Appeals.
(Code 1965, § 3926; Ord. No. 919; Ord. No. 83-15)
(1) Filing. The notice of appeal must be in writing and filed with the secretary of the Board of Appeals within seven calendar days of the decision from which the appeal is taken.
(Code 1965, § 3926; Ord. No. 919)
(2) Form. The notice of appeal shall set forth in concise language the following:
(Code 1965, § 3926; Ord. No. 919)
a. Date of appeal;
(Code 1965, § 3926; Ord. No. 919)
b. Name of appellant;
(Code 1965, § 3926; Ord. No. 919)
c. Individual representing appellant;
(Code 1965, § 3926; Ord. No. 919)
d. Address to which notices shall be sent;
(Code 1965, § 3926; Ord. No. 919)
e. Telephone number of representative;
(Code 1965, § 3926; Ord. No. 919)
f. Name of applicant, if different from appellant;
(Code 1965, § 3926; Ord. No. 919)
g. Date of action or decision from which appeal is taken;
(Code 1965, § 3926; Ord. No. 919)
h. Action or decision being appealed;
(Code 1965, § 3926; Ord. No. 919)
i. Grounds for appeal;
(Code 1965, § 3926; Ord. No. 919)
j. Estimated time required by appellant to present appeal;
(Code 1965, § 3926; Ord. No. 919)
k. Address and description of real property involved.
(Code 1965, § 3926; Ord. No. 919)
(3) Fee. No filing fee shall be required for an appeal under this section.
(Code 1965, § 3926; Ord. No. 919)
(4) Notification of Board. The secretary of the Board of Appeals shall place the matter of the notice of appeal on the agenda of the meeting of the Board of Appeals, the preparation of which agenda immediately follows filing of notice of appeal.
(Code 1965, § 3926; Ord. No. 919)
(5) Hearing date. The Board of Appeals may hear the matter at the first meeting at which the appeal has been placed on the agenda or may, at the request of the appellant or other interested persons on good cause being shown, or on its own motion, continue the hearing.
(Code 1965, § 3926; Ord. No. 919)
(6) Notice of hearing. Notice of hearing shall be mailed to the appellant and any person specifically requesting notice at least five calendar days before the hearing.
(Code 1965, § 3926; Ord. No. 919)
No portion of this article shall supersede any local, state, or federal laws, regulations, or codes dealing with the life safety factor. Enforcement of this article will be in cooperation with the local fire authority to avoid possible conflict with fire laws. Nothing contained in this article shall be deemed to prohibit the use of alternate materials, devices, or measures when such alternate provisions are deemed by the Building Official as providing equivalent security.
(Code 1965, § 3927; Ord. No. 919; Ord. No. 83-15)
For the purpose of this article, certain terms are defined as follows:
(Code 1965, § 3928; Ord. No. 919)
Commercial building. Any building used by any person for the purpose of conducting, managing, or carrying on any business. Storage of any merchandise, household goods, or product shall be included as a business.
(Code 1965, § 3928; Ord. No. 919)
Cylinder guard. A hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting, or pulling by attack tools.
(Code 1965, § 3928; Ord. No. 919)
Deadbolt. A bolt which has no automatic spring action and is operated by a key cylinder, thumbturn, or lever.
(Code 1965, § 3928; Ord. No. 919)
Deadlatch. A latch in which the latch bolt is positively held in the projected position by guardbolt, plunger, or auxiliary mechanism.
(Code 1965, § 3928; Ord. No. 919)
Insert. A hardened steel roller inside unhardened bolts to prevent bolt cutting or sawing with common tools.
(Code 1965, § 3928; Ord. No. 919)
Cross references: Definitions generally, § 1-10.
Sec. 14-470. Commercial building security provisions.
(a) Minimum standards. All exterior doors shall be secured as follows:
(Code 1965, § 3929; Ord. No. 919)
(1) A single door shall be secured with a single cylinder deadbolt with a thumbturn with a minimum throw of one inch. A hook or expanding bolt, if approved, may have a throw of three-fourths inch. Any deadbolt must contain an insert of hardened material to repel attempts at cutting through the bolt and must have a minimum of 6,000 possible key changes or locking combinations;
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
(2) On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in subsection (1) above. The inactive leaf shall be equipped with automatic flush bolts protected by hardened material with a minimum throw of five-eighths inch at head and foot. Multiple point locks, cylinder activated from the active leaf and satisfying subsections (1) and (2) of this subsection, may be used in lieu of flush bolts;
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
(3) Any single or pair of doors requiring automatic locking at the bottom or top rail shall have locks with a minimum five-eighths-inch throw bolt at both the top and bottom rails;
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
(4) Cylinders shall be so designed or protected that they cannot be gripped by pliers or other wrenching devices;
(Code 1965, § 3929; Ord. No. 919)
(5) Exterior sliding commercial entrances shall be secured as in subsections (1), (2), and (4) above, with special attention given to safety regulations;
(Code 1965, § 3929; Ord. No. 919)
(6) Those exit doors which in accordance with the Uniform Building Code are not allowed to have deadbolts, night latches, security chains, or slide bolts, etc., must be provided with a burglar alarm;
(Code 1965, § 3929; Ord. No. 83-15)
(7) Metal accordion grate or grill-type doors shall be equipped with metal guide track, top and bottom, and a cylinder lock and/or padlock with hardened steel shackle and minimum five-pin tumbler operation with nonremovable key when in an unlocked position. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position;
(Code 1965, § 3929; Ord. No. 919)
(8) Outside hinges on all exterior doors shall be provided with nonremovable pins or hinges of the interlocking stud type when using pin-type hinges;
(Code 1965, § 3929; Ord. No. 919)
(9) Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:
(Code 1965, § 3929; Ord. No. 919)
a. Rated burglary-resistant glass or glass-like material; or
(Code 1965, § 3929; Ord. No. 919)
b. The glass shall be covered with iron bars of at least one-half-inch round or one-inch by one-fourth-inch flat steel material mortised, spaced not more than five inches apart, secured on the inside of the glazing; or
(Code 1965, § 3929; Ord. No. 919)
c. Iron or steel grills of at least one-eighth-inch material of two-inch mesh, secured on inside of the glazing;
(Code 1965, § 3929; Ord. No. 919)
(10) Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
a. Rated burglary-resistant glass or glass-like material or laminated glass; or
(Code 1965, § 3929; Ord. No. 83-15)
b. The glass shall be covered with iron bars of at least one-half-inch round or one-inch by one-fourth-inch flat steel material mortised, spaced not more than five inches apart, secured on the inside of the glazing; or
(Code 1965, § 3929; Ord. No. 83-15)
c. Iron or steel grills of at least one-eighth-inch material of two-inch mesh, secured on the inside of the glazing; or
(Code 1965, § 3929; Ord. No. 83-15)
d. Any glass in the exterior walls that is subject to human impact shall be laminated tempered glass;
(Code 1965, § 3929; Ord. No. 83-15)
(11) Wood doors, not of solid core construction or with panels therein less than 1 3/8 inches thick, shall be covered on the inside with at least 16-gauge sheet steel, or its equivalent, attached with screws on minimum six-inch centers;
(Code 1965, § 3929; Ord. No. 919)
(12) Jambs for all doors shall be so constructed or protected so as to prevent violation of the function of the strike;
(Code 1965, § 3929; Ord. No. 919)
(13) The outside of all exterior doors shall be illuminated by light from two sources and be designed to control the direction of light for higher visibility. Such lights shall be protected with a vapor cover or cover of equally break-resistant material;
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
(14) Rolling overhead doors, solid overhead swinging, sliding, or accordion garage-type doors shall be secured with a cylinder lock or a padlock on the inside when not otherwise controlled or locked by electric power operation. If a padlock is used, it shall be of hardened steel shackle, with a minimum of five-pin tumbler operation with nonremovable key when it is in an unlocked position.
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
(b) Glass windows.
(1) Accessible rear and side windows not viewable from the street shall consist of rated burglary-resistant glass or glass-like material.*
(Code 1965, § 3929; Ord. No. 919)
*Exception: Window openings required by the building code for access by the Fire Department shall be protected by a material approved by the Fire Department.
(Code 1965, § 3929; Ord. No. 919)
Protection of these window openings should be by a glass, i.e., tempered glass, which may be broken without unnecessary delay and use of specialized equipment.
(Code 1965, § 3929; Ord. No. 919)
(2) If the accessible side or rear window is of the openable type, it shall be secured on the inside with a locking device capable of withstanding a force of 300 pounds applied in any direction.
(Code 1965, § 3929; Ord. No. 919)
(3) Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes.
(Code 1965, § 3929; Ord. No. 919)
(4) Outside hinges on all accessible side and rear glass windows shall be provided with nonremovable pins. If the hinge screws are accessible, the screws shall be of the nonremovable type.
(Code 1965, § 3929; Ord. No. 919)
(c) Accessible transoms. All exterior transoms exceeding eight inches by 12 inches on the side and rear of any building or premises used for business purposes shall be protected by one of the following:
(Code 1965, § 3929; Ord. No. 919)
(1) Rated burglary-resistant glass or glass-like material; or
(Code 1965, § 3929; Ord. No. 919)
(2) Outside iron bars of at least one-half inch round or one-inch by one-fourth-inch flat steel material, spaced no more than five inches apart; or
(Code 1965, § 3929; Ord. No. 919)
(3) Outside iron or steel grills of at least one-eighth-inch material but not more than two-inch mesh;
(Code 1965, § 3929; Ord. No. 919)
(4) The window barrier shall be secured with rounded head flush bolts on the outside.
(Code 1965, § 3929; Ord. No. 919)
(d) Roof openings.
(1) All glass skylights on the roof of any building or premises used for business purposes shall be provided with:
(Code 1965, § 3929; Ord. No. 919)
a. Rated burglary-resistant glass or glass-like material meeting building code requirements; or
(Code 1965, § 3929; Ord. No. 919)
b. Iron bars of at least one-half-inch round or one-inch by one-fourth-inch flat steel material under the skylight and securely fastened; or
(Code 1965, § 3929; Ord. No. 919)
c. A steel grill of at least one-eighth-inch material of two-inch mesh under the skylight and securely fastened.
(Code 1965, § 3929; Ord. No. 919)
(2) All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows:
(Code 1965, § 3929; Ord. No. 919)
a. If the hatchway is of wooden material, it shall be covered on the inside with at least 16-gauge sheet steel, or its equivalent, attached with screws;
(Code 1965, § 3929; Ord. No. 919)
b. The hatchway to be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the Fire Marshal;
(Code 1965, § 3929; Ord. No. 919)
c. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.
(Code 1965, § 3929; Ord. No. 919)
(3) All air duct or air vent openings exceeding eight inches by 12 inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following:
(Code 1965, § 3929; Ord. No. 919)
a. Iron bars of at least one-half-inch round or one-inch by one-fourth-inch flat steel material, spaced no more than five inches apart and securely fastened; or
(Code 1965, § 3929; Ord. No. 919)
b. A steel grill of at least one-eighth-inch material of two-inch mesh and securely fastened;
(Code 1965, § 3929; Ord. No. 919)
c. If the barrier is on the outside, it shall be secured with rounded head flush bolts on the outside.
(Code 1965, § 3929; Ord. No. 919)
(4) Ladders. Any ladder, excluding fire escapes, located on the exterior of any building which could provide access to the roof shall be protected from such access by a continuous piece of wood or metal covering the rungs. The wood or metal shall be locked with a padlock. The padlock shall have a minimum of five-pin tumblers and be of case-hardened steel. Hinges used on the covering shall be of a nonremovable pin type. The wood or metal barrier shall be a minimum of eight feet continuous covering of not less than one-half-inch thickness and located four feet from ground level or be secured in a manner approved by the Building Official.
(Code 1965, § 3929; Ord. No. 919)
Exception: No cover shall be required if the roof has no openings through it.
(Code 1965, § 3929; Ord. No. 83-15)
(e) Special security measures.
(1) Safes. Commercial establishments having $1,000.00 or more in cash on the premises after closing hours shall lock such money in at least a Class E or higher rated safe after closing hours.
(Code 1965, § 3929; Ord. No. 919)
(2) Multiple-occupancy office buildings. All entrance doors to individual office suites shall have a deadbolt lock with a minimum of one-inch throw bolt which can be opened from the inside.
(Code 1965, § 3929; Ord. No. 919)
(f) Intrusion detection devices.
(1) If it is determined by the enforcing authority of this article that the security measures and locking devices described in this article do not adequately secure the building, he may require the installation and maintenance of an intrusion detection device (burglary alarm system). Detailed design shall be submitted for review and approval prior to construction.
(Code 1965, § 3929; Ord. No. 919; Ord. No. 83-15)
(2) Establishments having specific type inventories shall be protected by the following type alarm service:
(Code 1965, § 3929; Ord. No. 919)
a. Silent alarm--Central station--Supervised service.
1. Jewelry store--manufacturing, wholesale and retail;
(Code 1965, § 3929; Ord. No. 919)
2. Guns and ammunition;
(Code 1965, § 3929; Ord. No. 919)
3. Wholesale liquor;
(Code 1965, § 3929; Ord. No. 919)
4. Wholesale tobacco;
(Code 1965, § 3929; Ord. No. 919)
5. Wholesale drugs;
(Code 1965, § 3929; Ord. No. 919)
6. Fur stores.
(Code 1965, § 3929; Ord. No. 919)
b. Silent alarm--Nonsupervised, monitored elsewhere.
1. Liquor stores;
(Code 1965, § 3929; Ord. No. 919)
2. Pawnshops;
(Code 1965, § 3929; Ord. No. 919)
3. Electronic equipment, including musical instrument stores;
(Code 1965, § 3929; Ord. No. 919)
4. Wig stores;
(Code 1965, § 3929; Ord. No. 919)
5. Clothing--new;
(Code 1965, § 3929; Ord. No. 919)
6. Coins and stamps;
(Code 1965, § 3929; Ord. No. 919)
7. Industrial tool supply houses;
(Code 1965, § 3929; Ord. No. 919)
8. Camera stores;
(Code 1965, § 3929; Ord. No. 919)
9. Precious metal storage facility;
(Code 1965, § 3929; Ord. No. 919)
10. Drugstores;
(Code 1965, § 3929; Ord. No. 919)
c. Local alarm--Bell or horn outside the building.
1. Antique dealers;
(Code 1965, § 3929; Ord. No. 919)
2. Art galleries;
(Code 1965, § 3929; Ord. No. 919)
3. Service stations.
(Code 1965, § 3929; Ord. No. 919)
Sec. 14-471. Residential security provisions.
(a) Purpose. The purpose of this section is to set forth minimum standards of construction for resistance to unlawful entry to the residential structures located in the city.
(Code 1965, § 3930; Ord. No. 919)
(b) Alternatives. Nothing contained in this article shall be deemed to prohibit the use of alternate materials, devices, or measures when such alternate provisions are deemed by the Building Official as providing equivalent security.
(Code 1965, § 3930; Ord. No. 919)
(c) Tests.
(1) Sliding glass doors. Panels shall be closed and locked. Tests shall be performed in the following order:
(Code 1965, § 3930; Ord. No. 919)
a. Test A. With the panels in the normal position, a concentrated load of 300 pounds shall be applied separately to each vertical pull stile incorporating a locking device at a point on the stile within six inches of the locking device, in the direction parallel to the plane of glass that would tend to open the door;
(Code 1965, § 3930; Ord. No. 919)
b. Test B. Repeat Test A while simultaneously adding a concentrated load of 150 pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door;
(Code 1965, § 3930; Ord. No. 919)
c. Test C. Repeat Test B with the 150-pound force in the reversed direction toward the exterior side of the door;
(Code 1965, § 3930; Ord. No. 919)
d. Tests D, E, and F. Repeat Tests A, B, and C with the movable panel lifted upwards to its full limit within the confines of the door frame.
(Code 1965, § 3930; Ord. No. 919)
(2) Sliding glass windows. Sash shall be closed and locked. Tests shall be performed in the following order:
(Code 1965, § 3930; Ord. No. 919)
a. Test A. With the sliding sash in the normal position, a concentrated load of 150 pounds shall be applied separately to each sash member within six inches of the locking device in the direction parallel to the plane of glass that would tend to open the window;
(Code 1965, § 3930; Ord. No. 919)
b. Test B. Repeat Test A while simultaneously adding a concentrated load of 75 pounds to the same area of same sash member in the direction perpendicular to the plane of glass toward the interior side of the window;
(Code 1965, § 3930; Ord. No. 919)
c. Test C. Repeat Test B with the 75 pounds force in the reversed direction toward the exterior side of the window;
(Code 1965, § 3930; Ord. No. 919)
d. Tests D, E, and F. Repeat Tests A, B, and C with the movable sash lifted upwards to its full limit within the confines of the window frame.
(Code 1965, § 3930; Ord. No. 919)
(3) Testing agency. All tests shall be performed by an approved independent testing agency. Written reports shall be submitted to the Building Official.
(Code 1965, § 3930; Ord. No. 919)
(d) Doors--General. A door forming a part of the enclosure of a dwelling unit shall be of solid core construction, installed and secured as set forth in subsections (e), (f), and (g), when such door is accessible from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said subsections (e), (f), and (g) of this section.
(Code 1965, § 3930; Ord. No. 919)
(e) Doors--Swing doors.
(1) A single swing door, the active leaf of a pair of doors, and the bottom leaf of dutch doors shall be equipped with a deadbolt with a minimum throw of one inch and a deadlocking latch. Deadbolts shall contain hardened inserts, or equivalent, so as to repel cutting tool attack. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort.
(Code 1965, § 3930; Ord. No. 919)
(2) Flushbolts with a minimum throw of five-eighths inch shall be provided at the head and foot (floor and ceiling) of the inactive leaf of double doors, and at the top and bottom of the upper leaf of dutch doors.
(Code 1965, § 3930; Ord. No. 919)
(3) Door stops on wooden jambs for in-swing doors shall be of one-piece construction with the jamb or joined by a rabbet.
(Code 1965, § 3930; Ord. No. 919)
(4) Nonremovable pins or interlocking stud-type hinges shall be used in pin-type hinges which are accessible from the outside when the door is closed.
(Code 1965, § 3930; Ord. No. 919)
(5) Cylinder guards shall be installed on all mortise or rim-type cylinder locks whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools.
(Code 1965, § 3930; Ord. No. 919)
(f) Doors--Sliding glass.
(1) Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subject to tests specified in subsection (c), they remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests.
(Code 1965, § 3930; Ord. No. 919)
(2) Cylinder guards shall be installed on all mortise or rim-type cylinder locks which project beyond the face of the door or is otherwise accessible to gripping tools.
(Code 1965, § 3930; Ord. No. 919)
(g) Doors--Overhead and sliding.
(1) Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock, with a hardened steel shackle, metal slide bar, bolt, or equivalent on the inside when not otherwise locked by electric power operation. In the event that this type door provides the only entrance to a garage, the cylinder lock or padlock may be on the outside.
(Code 1965, § 3930; Ord. No. 919)
(2) Cylinder guards shall be installed on all mortise or rim-type cylinder locks which project beyond the face of the door or is otherwise accessible to gripping tools.
(Code 1965, § 3930; Ord. No. 919)
(h) Windows--General. A window, skylight, or other light forming a part of the enclosure of a dwelling unit shall be constructed, installed, and secured as set forth in subsection (i) when such window, skylight, or light is not more than 12 feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said subsection (i).
(Code 1965, § 3930; Ord. No. 919)
(i) Windows--Locking devices.
(1) Sliding glass windows shall be provided with locking devices that, when subjected to the tests specified in subsection (c), remain intact and engaged.
(Code 1965, § 3930; Ord. No. 919)
(2) Movable panels shall not be rendered easily openable or removable from the frame during or after the tests.
(Code 1965, § 3930; Ord. No. 919)
(3) Other openable windows shall be provided with substantial locking devices which the Building Official finds render the building as secure as the devices required by this section.
(Code 1965, § 3930; Ord. No. 919)
(4) Louvered windows, except those above the first story, shall not be permitted.
(Code 1965, § 3930; Ord. No. 919)
(j) Open parking lots. Open parking lots, including lots having carports, providing more than ten parking spaces shall be provided with a maintained minimum of three horizontal footcandles of light on the parking surface during hours of darkness.
(Code 1965, § 3930; Ord. No. 83-15)
Secs. 14-472--14-499. Reserved.
ARTICLE XVII. GAS SHUT-OFF DEVICES
Sec. 14-500. Gas shut-off definitions.
For the purpose of this article, certain terms shall be defined as follows:
(Ord. No. 02-9, § 11)
(a) "Downstream of gas utility meter" refers to all customer owned gas piping.
(Ord. No. 02-9, § 11)
(b) "Residential building" means any single-family dwelling, duplex, multi-family dwelling, apartment building, condominium building, townhouse building, lodging house, congregate residence, hotel, or motel.
(Ord. No. 02-9, § 11)
(c) "Excess flow gas-shut-off device" means those valves or devices that are not actuated by motion, but are activated by significant gas leaks or overpressure surges, which can occur when pipes rupture inside the structure. The design of the device shall provide a proven method to provide automatically for expedient and safe gas shutoff in an emergency. The design of the device shall provide a capability for ease of consumer or owner resetting in a safe manner. The State Architect shall certify the device or the operational and functional design of the device shall meet or exceed the device certified by the Office of the State Architect. The determination of whether the operational and functional design of the device is at least equal to the device certified by the State Architect may be made by one of the following: the Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO), or other recognized listing and testing agency.
(Ord. No. 02-9, § 11)
(d) "Seismic gas-shut-off device" means a system consisting of a seismic sensing means and actuating means designed to actuate automatically a companion gas shut off means installed in a gas piping system in order to shut off the gas downstream of the location of the gas shutoff means in the event of a severe seismic disturbance. The system may consist of separable components or may incorporate all functions in a single body. The State Architect shall certify the device and the operational and functional design of the device shall meet or exceed the device certified by the Office of the State Architect. The determination of whether the operational and functional design of the device is at least equal to the device certified by the State Architect may be made by one of the following: the Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO), or other recognized listing and testing agency.
(Ord. No. 02-9, § 11)
(e) "Upstream of gas utility meter" refers to all gas piping installed by the utility up to and including the meter and the utility's bypass tee at the connection to the customer owned piping.
(Ord. No. 02-9, § 11)
(f) "Gas shut-off device," as used in this article, refers to either a seismic gas shut-off device or excess flow gas-shut-off device.
(Ord. No. 02-9, § 11)
An approved seismic gas-shut-off device (motion sensitive) or an approved excess flow gas-shut-off device (non-motion sensitive) shall be installed downstream of the gas utility meter on each fuel gas line where the gas line serves the following buildings:
(Ord. No. 02-9, § 11)
(a) Any new building construction (commercial, industrial or residential) containing fuel gas piping for which a building permit is first issued on or after the effective date of the article.
(Ord. No. 02-9, § 11)
(b) Any existing residential, commercial or industrial building which is substantially altered or added to as determined by the Building Official and a building permit for the work is first issued on or after the effective date of this article.
(Ord. No. 02-9, § 11)
(a) A gas-shut-off device is not required to be installed downstream of the gas utility meter where a gas-shut-off device has been installed by the gas utility or a contractor authorized by the gas utility upstream of the gas utility meter and downstream of the meter service regulator and such installation is in accordance with this article and with the manufacturer's specifications.
(Ord. No. 02-9, § 11)
(b) Gas-shut-off devices installed on a building prior to the effective date of this ordinance, are exempt from the requirements of this section provided they remain installed on the building or structure and are maintained for the life of the building or structure.
(Ord. No. 02-9, § 11)
(c) Gas-shut-off devices installed on a gas distribution system owned originated by a public utility shall not be subject to the requirements of this chapter (Health and Safety Code Section 19201(b)).
(Ord. No. 02-9, § 11)
(d) A gas-shut-off device shall not be required where the gas piping system contained in the building or structure is designed to withstand seismic effects of earthquakes.
(Ord. No. 02-9, § 11)
(e) This article shall not apply to mechanical or process equipment used in manufacturing.
(Ord. No. 02-9, § 11)
(f) This article shall not apply to gas shutoff devices installed within gas lines (Health and Safety Code Section 19204).
(Ord. No. 02-9, § 11)
Sec. 14-503. General requirements.
Gas-shut-off devices installed either in compliance with this chapter or voluntarily, with a permit issued on or after the effective date of the article codified in this chapter, shall comply with all of the following requirements:
(Ord. No. 02-9, § 11)
(a) Be installed by a contractor licensed in the appropriate classification by the state of California and in accordance with the manufacturer's instructions.
(Ord. No. 02-9, § 11)
(b) In the case of seismic gas-shut-off devices (motion sensitive) only, such devices must be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. This requirement need not apply if the building inspection department determines that the seismic gas shutoff device (motion sensitive) has been tested and listed for an alternate method of installation.
(Ord. No. 02-9, § 11)
(c) In the case of seismic gas-shut-off devices (motion sensitive) only, be certified by the state architect and be listed by an approved listing and testing agency such as IAS, IAPMO, UL or the Office of the State Architect. In the case of excess flow gas-shut-off devices only, be certified by the State Architect or be listed by an approved listing and testing agency such as IAS, IAPMO, UL or the Office of the State Architect.
(Ord. No. 02-9, § 11)
(d) Have a thirty-year warranty which warrants that the valve or device is free from defects and will continue to operate properly for thirty years from the date of installation.
(Ord. No. 02-9, § 11)
(e) Where gas-shut-off devices are installed voluntarily or as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve or device complying with the requirements of this section.
(Ord. No. 02-9, § 11)
Sec. 14-504. List of approved valves and devices.
The building division shall maintain a list of all seismic gas-shut-off devices (motion sensitive) and excess flow gas-shut-off devices (non-motion sensitive) which meet or exceed the requirements of devices certified by the Office of the State Architect for installation in the state of California and which comply with the standards and criteria set forth in Health and Safety Code Section 19180 et seq., including quality and design regulation for earthquake actuated automatic gas shutoff systems (see 24 Cal. Code Regs. Ch. 12-16-1).
(Ord. No. 02-9, § 11)
Secs. 14-505--14-634. Reserved.
ARTICLE XVIII. VACANT BUILDINGS
(a) In order to protect the health, safety and welfare of its citizens and their property, the City Council has determined that an ordinance is necessary to regulate vacant buildings. Vacant buildings are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood.
(Ord. No. 07-10)
Vacant buildings which are boarded, substandard or unkempt properties and long-term vacancies create visual blight, discourage economic development and retard appreciation of property values. It is a responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. One vacant property which is not actively and well maintained and managed can be the core and cause of spreading blight.
(Ord. No. 07-10)
(b) The City Council intends, by adopting this article, to define the conditions that constitute a vacant building; and to provide regulations for boarding and continued use of buildings; and to provide a procedure for a hearing in the event the condition is not corrected, removed or otherwise abated.
(Ord. No. 07-10)
(c) This article is not intended to enforce or supersede conditions, covenants and restrictions (CC&R's) on property. This article will be enforced uniformly within the city regardless of CC&R's. Therefore, this article does not abrogate the right of any homeowners' association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this article.
(Ord. No. 07-10)
For the purpose of this article, certain terms shall be defined as follows:
(Ord. No. 07-10)
Building. Any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure as defined in the California Building Code adopted by reference in this Code.
(Ord. No. 07-10)
Boarded building. A building whose doors and windows have been covered on the interior or exterior of the building with plywood or other material for the purpose of preventing entry into the building by persons or animals.
(Ord. No. 07-10)
Owner. The person identified and listed as having title to the property by the latest property tax assessment rolls maintained by the Contra Costa County Assessor.
(Ord. No. 07-10)
Vacant building. A building where at least thirty-five percent of the total floor area within the building is not occupied except for buildings that are furnished and/or are owned and used seasonally similar to a second home.
(Ord. No. 07-10)
Sec. 14-637. Owner's responsibility.
(a) The owner of any boarded building, whether boarded by voluntary action of the owner, or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within one hundred twenty (120) days after the building is boarded. The owner is required to maintain such property in a manner so as not to violate the provisions of this article and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
(Ord. No. 07-10)
(b) It shall be unlawful for any owner to allow a building designed for human use or occupancy to stand vacant for more than one hundred twenty (120) days, unless one of the following applies:
(Ord. No. 07-10)
(1) The building is the subject of an active building permit and the owner is progressing diligently to complete the permitted construction, repair or rehabilitation.
(Ord. No. 07-10)
(2) The owner has a complete and active application pending for a building permit or other development entitlement.
(Ord. No. 07-10)
(3) The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent.
(Ord. No. 07-10)
(4) The Building Official determines that the building does not contribute to and is not likely to contribute to blight or that the building is not a nuisance as defined in this Code, because the owner is actively maintaining and monitoring the building.
(Ord. No. 07-10)
Sec. 14-638. Inspection program.
(a) Authority. The Building Official shall be responsible for administering a program for identifying and inspecting the maintenance of all vacant buildings in the city.
(Ord. No. 07-10)
(b) Purpose. The purposes of the inspection program shall be:
(Ord. No. 07-10)
(1) To identify buildings that become vacant;
(Ord. No. 07-10)
(2) To order vacant buildings that are open and accessible to be secured against unlawful entry pursuant to this Code;
(Ord. No. 07-10)
(3) To initiate proceedings against the owner of any vacant building found to be dangerous as defined in the Uniform Code for the Abatement of Dangerous Buildings or a nuisance under this Code or Civil Code Section 3408;
(Ord. No. 07-10)
(4) To periodically inspect vacant buildings so that timely code enforcement proceedings are commenced in the event a building becomes substandard or a nuisance; and
(Ord. No. 07-10)
(5) To enforce rules and regulations for the implementation and compliance with the provisions of this article.
(Ord. No. 07-10)
(c) Fee imposed. There is an inspection fee imposed upon every owner of a vacant building pursuant to this article. The fee shall be in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services and shall be charged each and every time an inspection is required for a vacant building. The fee shall be payable for any building, residential or nonresidential, which:
(Ord. No. 07-10)
(1) is boarded up by the owner or as the result of enforcement activities by the city; or
(Ord. No. 07-10)
(2) is vacant for more than one-hundred-twenty (120) days for any reason.
(Ord. No. 07-10)
(d) Fee waiver. The inspection fee may be waived upon a showing by the owner that:
(Ord. No. 07-10)
(1) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy or has a complete and active application pending for a building permit or other development entitlement; or
(Ord. No. 07-10)
(2) The building meets all applicable codes and is actively being offered for sale, lease, or rent; or
(Ord. No. 07-10)
(3) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building.
(Ord. No. 07-10)
(e) Procedure. The inspection fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (d) of this article by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision.
(Ord. No. 07-10)
(f) Any owner aggrieved by the decision of the Building Official relating to an application for waiver may appeal the building official's decision through the administrative hearing process set forth in this Code.
(Ord. No. 07-10)
(g) If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Building Official or the Hearing Officer, the City Council may thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter such assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.
(Ord. No. 07-10)
(h) The Building Official may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.
(Ord. No. 07-10)
Sec. 14-639. Boarding permits required.
(a) No person, firm, association or corporation shall erect, install, place or maintain boards or other coverings over the doors, windows or other openings of any building or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building without first applying for and obtaining a boarding permit and, within 30 days of receiving the boarding permit, completing all steps necessary of the issuance of a boarding permit and thereafter having a valid and current boarding permit. The Building Official may grant an exception for temporary boarding of a building that has been damaged by natural events. A boarding permit shall be applied for within 14 days of placement of temporary boarding.
(Ord. No. 07-10)
(b) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a building for a period of no greater than 120 days from the date of issuance. The boarding permit may be renewed one time after the initial 120 days for an additional 120 days after verification of the owner's compliance with section 14-637 (b).
(Ord. No. 07-10)
(c) The issuance of a renewal boarding permit shall also be subject to all of the following conditions:
(Ord. No. 07-10)
(1) The owner shall submit a detailed plan for repair or rehabilitation for the securing of the doors, windows and other openings by the conventional method used in the original construction and design of the building or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale for correction, repair or rehabilitation;
(Ord. No. 07-10)
(2) The owner shall submit a timeline for applying for appropriate permits for such work and for completing such work prior to the expiration of the renewal permit, or, alternatively, a timeline for sale of the property; and
(Ord. No. 07-10)
(3) The renewal permit may be revoked by written notice of the Building Official if the owner fails to comply with the plan for such work or fails to comport to the timeline submitted.
(Ord. No. 07-10)
(d) The fee for the initial boarding permit and any renewal permit shall be based on a reinspection fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, plus an application fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Ord. No. 07-10)
Sec. 14-640. Standards for securing building.
(a) The boarding of the doors, windows or other openings of any building or any means of securing such openings, other than by the conventional method used in the original construction and design of the building, shall comply with the following minimum standards:
(Ord. No. 07-10)
(1) Windows and similar openings shall be boarded with exterior grade plywood of a minimum thickness of 3/4 inch or its equivalent. One inch holes may be required for venting, as deemed necessary by the Building Official. The boarding material shall be placed on the interior of the building and secured in place by 3/8 inch lag bolts with one inch washers placed at least 16 inches on center around the perimeter of the window opening. The lag bolts shall penetrate the wall framing members at least one and one-half inches and the bolt holes shall be predrilled to minimize splitting on the wall framing member.
(Ord. No. 07-10)
(2) Exterior doors shall be boarded with exterior grade plywood of a minimum thickness of 3/4 inch or its equivalent. The boarding material shall placed on the interior of the building and secured in place by 3/8 inch lag bolts with one inch washers placed at least 16 inches on center around the perimeter of the door opening. The lag bolts shall penetrate the wall framing at least one and one-half inches and the bolt holes shall be predrilled to minimize splitting on the wall framing member. One exterior door shall remain operable and secure to allow access into the building for maintenance and inspection. This door shall be secured by the installation of a metal security door.
(Ord. No. 07-10)
(3) All boarding materials that are visible from the exterior shall be painted with a minimum of one coat of exterior paint which is of a color compatible with the exterior color of the building or structure.
(Ord. No. 07-10)
(b) Alternative methods of securing a building. Upon application for a boarding permit, the Building Official may approve alternative methods of securing a vacant building. In making the determination to approve any alternative method, the Building Official shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate security against the unauthorized entry to the property.
(Ord. No. 07-10)
Sec. 14-641. Enforcement; penalty.
Administrative citations, pursuant to this Code are also available as a remedy in addition to all other legal remedies, criminal or civil, which may be pursued under this Code, including sections 1-20 through 1-23.
(Ord. No. 07-10)
Secs. 14-642--14-699. Reserved.
ARTICLE XIX. RESIDENTIAL BUILDING CODE
Sec. 14-700. Residential Building Code adopted.
The 2010 California Residential Code, California Code of Regulation, Title 24, Part 2.5, incorporating the 2009 International Residential Code, together with Appendix Chapter H, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.
(Ord. No. 11-1)
Sec. 14-701. Administrative changes to the Residential Building Code.
Division II, Administration, is deleted from the Residential Building Code.
(Ord. No. 11-1)
Pursuant to California Health and Safety Code sections 17958.7 and 19941.5(b), the City Council hereby finds that modifications are reasonably necessary to section 14-703 of the 2010 Residential Building Code, as adopted in section 14-700, because of the following local geological conditions in the City of Concord:
(Ord. No. 11-1)
(1) The City of Concord is within an active seismic area.
(2) The Tri-Chapter Uniform Code Committee (TUCC) a committee made up of local and regional building officials, code consultants, architects, engineers and industry representatives for the three local Bay Area International Code Council chapters (East Bay, Peninsula and Monterey Bay Chapters)has identified three significant inadequacies in the structural provisions of the 2010 California Building Code related to seismic performance. These amendments are necessary to minimize damage during moderate to strong earthquake motions.
Sec. 14-703. Amendments. (Residential Building Code Section R403.1.3).
Section R403.1.3 is amended to read as follows:
(Ord. No. 11-1)
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Category D0, D1, and D2, as established in Table R301.2(1), shall have a minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1, and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend 14 inches (357 mm) into the stem wall.
In Seismic Design Categories D0, D1, and D2 where a grouted masonry stem wall is supported on a concrete footing, a minimum of one No 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and shall extend 14 inches (357 mm) into the masonry stem wall.
In Seismic Design Categories D0, D1, and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.
Secs. 14-704--14-799. Reserved.
ARTICLE XX. GREEN BUILDING STANDARDS CODE
Sec. 14-800. Green Building Standards Code adopted.
The 2010 California Green Building Standards Code, California Code of Regulation, Title 24, Part 11, one copy of which is filed in the office of the City Clerk, is hereby adopted by reference as if fully set forth.