HomeMy WebLinkAboutOrd 2004-2982
ORDINANCE NO. 2982
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING CHAPTER 15.58 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO PLACARDS USED
TO DENOTE THE CONDITION OF STRUCTURES AND THE
ABILITY TO SAFEL Y OCCUpy OR USE THOSE
STRUCTURES AFTER A DISASTER
WHEREAS, in 1987, the California Governor's Office of Emergency Services, the
Statewide Health Planning and Development and the Federal Emergency Management Agency
jointly contracted with Applied Technology Council (ATC) for the purpose of standardizing the
procedures for post earthquake safety assessment of buildings and structures; and
WHEREAS, the outcome was a publication titled "Procedures for Post-Earthquake
Safety Evaluation of Buildings" also known as ATC-20; and
WHEREAS, the procedures outlined in ATC-20 are an essential component of the
statewide Standardized Emergency Management System (SEMS) used by jurisdictions,
including Chula Vista, to respond to any type of emergency or disaster; and
WHEREAS, the ATC-20 procedures include posting placards that clearly identify the
conditions of buildings and structures for owners, occupants and the general public; and
WHEREAS, the placards are intended to identify unsafe buildings or structures, and at
the same time, identify buildings or structures that can be reoccupied or used, keeping fewer
people homeless.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I. That Chapter 15.58 of the Chula Vista Municipal Code is hereby added to read as
follows:
CHAPTER 15.58
SAFETY ASSESSMENT PLACARDS
Sections:
15.58.010
15.58.020
15.58.030
15.58.040
15.58.50
Intent
Application of Provisions
Definitions
Placards to be used
Violation - Penalty
15.58.010
Intent
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy or use after the occurrence of a disaster. The chapter further
authorizes the Building Official and his or her authorized representatives to post the appropriate
placard at each entry point to a building or structure upon completion of a safety assessment.
Ordinance 2982
Page 2
15.58.020
Application of Provisions
The provisions of this chapter are applicable to all buildings and structures of all
occupancies or use regulated by the City of Chula Vista.
15.58.030
Definitions
"Disaster" shall mean any natural or human-created occurrence which results in a disaster
declaration by a governmental entity or person authorized to issue such a declaration, including
but not limited to, the City Manager, City Council, the governor of the State of California and the
President of the United States. "Disaster" shall include wind storms, earthquakes and after
shocks, fires, floods, terrorist attacks, hazardous materials incidents and other occurrences
resulting in a disaster declaration.
"Safety assessment" shall mean a visual, non-destructive examination of a building or
structure for the purpose of determining the condition for continued occupancy.
15.58.040
Placards to be used
A. Placard descriptions. The following are descriptions of the official City of Chula
Vista placards to be used to designate the condition for continued occupancy of buildings or
structures.
1. INSPECTED - Lawful Occupancy Permitted is to be posted on any
building or structure wherein no apparent structural hazard has been found. This
placard is not intended to mean that there is no damage to the building or
structure.
2. RESTRICTED USE is to be posted on each building or structure that has
been damaged wherein the damage has resulted in some form of restriction to the
continued occupancy. The individual who posts this placard should note in
general terms the type of damage encountered and will clearly and concisely note
the restrictions on continued occupancy.
3. UNSAFE - Do Not Enter or Occupy is to be posted on each building or
structure that has been damaged such that continued occupancy poses a threat to
life safety. Buildings or structures posted with this placard shall not be entered
under any circumstance except as authorized in writing by the Building Official,
or his or her authorized representative. Safety assessment teams shall be
authorized to enter these buildings at any time. This placard is not to be used or
considered as a demolition order. The individual who posts this placard will note
in general terms the type of damage encountered.
B. No liability created. The inspection and posting of a building as allowing
occupancy or restricted occupancy does not guarantee its safety. The City shall not be held
liable for any injuries, damage or death resulting from a building or structure which fails after
having been inspected and posted to allow occupancy.
C. Other placards. From time to time the three placards listed above may need to be
modified or new ones developed. The City Manager and Building Official are hereby authorized
to modify those placards as well as develop new placards with a different focus or purpose. All
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Ordinance 2982
Page 3
new placards and changes to existing placards shall be consistent with the purpose and intent of
this chapter.
D. Other placard contents. The text "CVMC Chapter 15.58," the City logo, City
name, City address and City phone number shall be permanently affixed to each placard.
E. Illegal to occupy. Once a placard has been attached to a building or structure, it
shall be unlawful to occupy or use a building or structure in a way which contravenes the order
contained in the placard.
F. Illegal to remove, cover or alter placard. Once posted, a placard shall not to be
removed, altered or covered until done so by an authorized representative of the Building
Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or
deface a placard unless authorized pursuant to this section.
15.58.050 Violation - Penalty
Any person who violates any provision of this chapter is guilty of a misdemeanor and is
punishable by a fine not exceeding $1,000 or by imprisonment for a period of not exceeding six
months, or by both. Each such person shall be guilty of a separate offense for each and every
day a violation of this chapter is committed, continued, or permitted by any such person.
SECTION II. This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
s D. Sandoval
ing and Building Director
(A ~9AJ-
Ann Moore
City Attorney
Ordinance 2982
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of October, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
It!2ilL
~ 1 I. ;- T ~~ ð .g....-)
Susan Bigelow, MMC, C y Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2982 had its first reading at a regular meeting held on the 19th day of October,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
26th day of October, 2004.
Executed this 26th day of October, 2004.
-~ Á4. í::3:¡;;~
Susan Bigelow, MMC, City erk
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