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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C3-35. Service, contents of order to analyze; appeal; recordation; enforcement.

(a) Service of order: The Building Official shall issue an order to the owner of each building within the scope of this chapter in accordance with the minimum time periods for service of such orders set forth in Table C [Section C3-39]. The minimum time period for the service of such orders shall be measured from the effective date of this chapter [December 12, 1989].

(b) Contents of order: The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the tax rolls, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section C3-34, which sets forth the owner's alternatives and time limits for compliance.

(c) Appeal: The owner or person in charge or control of the building may appeal the Building Official's determination that the building is within the scope of this chapter. Such appeal shall be filed with the Code Enforcement Appeals Board within 60 days from the date of service of the order. Any such appeal shall be decided by the Board not later than 60 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided by the Building Official, with the appeal grounds clearly stated.

(d) Appeal filing fee: Each appeal shall be accompanied by a filing fee as set forth in this Code. Appeals or requests for modifications from any other determinations, orders or actions by the Building Official pursuant to this chapter shall be made in accordance with the normal appeal procedures established in this Code.

(e) Recordation: At the time that the aforementioned order is served, the Building Official shall file with the office of the County Recorder a certificate stating that the subject building is within the scope of this chapter. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with the provisions of this chapter. If the building is found not to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter, or is demolished, the Building Official shall revoke the aforementioned certificate.

(f) Enforcement: If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within the time allowed, the Building Official may order the entire building vacated until compliance has occurred. If there has been no compliance within 90 days after the date the building has been ordered vacated, or by such additional time as may have been granted, the Building Official may order the building demolished.

(Ord. No. NS-1100.78, § VI, 12-12-89; Ord. No. NS-1100.88, § 2, 6-29-99)

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