(a) Compliance Requirements.

(1) The owner of each building within the scope of this article shall, upon service of an order and within the time limits set forth in this article, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in this article, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished.

(2) The owner of a building within the scope of this article shall comply with the requirements set forth above by submitting the following to the building official for review within the stated time limits:

(A) By the date specified in Table A-1-H of this article, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this article; or

(B) By the date specified in Table A-1-H of this article, the structural analysis and plans for structural alterations of the building to comply with this article; or

(C) Within one hundred twenty days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section A110; or

(D) By the date specified in Table A-1-H of this article, plans for the demolition of the building.

(3) After plans are submitted and approved by the building official, the owner shall obtain a building permit and then commence and complete the required construction or demolition within the time limits set forth in Table No. A-1-G or A-1-H, whichever is applicable.

(4) Owners electing to comply with Section 9-5.2 (a) (2) (C) must also comply with Section 9-5.2 (a) (2) (B); provided, however, that the date for commencing and completing any structural alterations set forth in Table No. A-1-H, shall be extended one year.

(5) This article does not require alteration of original existing electrical, plumbing, mechanical or fire safety systems which are in good repair and have not been altered without permits and inspections, nor does it require the installation of new fire safety systems.

(b) Administration.

(1) Order--Service.

(A) The building official shall, in accordance with the priorities set forth in Table No. A-1-H, issue an order as provided in this section to the owner of each building within the scope of this article.

(B) Prior to the service of an order as set forth in Table No. A-1-H, an advisory bulletin shall be issued to the owner as shown upon the last equalized assessment roll or to the person in apparent charge or control of a building considered by the building official to be within the scope of this article. The bulletin shall state the rating classification, at the time of inspection, and the dates by which that building's classification must conform to the requirements of this article. The rating classification is subject to change if the occupancy group of the building changes. The bulletin will be mailed by regular mail within six months after the effective date of the ordinance codified in this article.

Failure of the owner to receive the advisory bulletin shall not constitute a waiver of the right of the city to proceed with the service of the order as set forth in Table No. A-1-H.

The details of, and the fees for, the advisory bulletin shall be as adopted by the city council by resolution.

(2) Order--Priority of Service. Priorities for the service of the order for buildings within the scope of this article shall be in accordance with the rating classification as shown on Table A-1-H. Within each separate rating classification, the priority of the order shall normally be based upon the occupant load of the building. The owners of the buildings housing the largest occupant loads shall be served first. The minimum time period prior to the service of the order as shown on Table A-1-H shall be measured from the effective date of the ordinance codified in this article. The building official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this article prior to the normal service date for such building set forth in this article.

(3) Order--Contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge to 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 article and, therefore, is required to meet the minimum seismic standards of this article. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 9-5.2 (a), subsections (1) through (4), which sets forth the owner's alternatives and time limits for compliance.

(4) Appeal from Order. The owner of the building may appeal the building official's initial determination that the building is within the scope of this article to the board of appeals established by Section 204 of the Building Code. Such appeal shall be filed with the board within sixty days from the service date of the order described in subdivision (3) of this subsection. Any such appeal shall be decided by the board no later than ninety days after writing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this article shall be made in accordance with the procedures established in Sections 105 and 106 of the Building Code.

(5) Recordation. The building official shall file and record with the office of the Monterey County recorder a certificate of unreinforced masonry construction status which states that the subject property contains a structure or structures that has been constructed either partially or totally of unreinforced masonry (URM) and is therefore declared to be subject to the provisions of the URM Seismic Retrofit Ordinance, Section 9-5.2 of the Salinas City Code, and that the owner of the property has been ordered to analyze the seismic capacity of the building and to structurally alter or demolish the building.

(6) Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this article within any of the time limits set forth in Section 9-5.2 (a) Subsections 1 through and including (4), the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the building official shall order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within ninety days after the date the building has been ordered vacated or such additional time as may have been granted by the board of appeals, the building official may order its demolition in accordance with the provisions of section 203 of the Building Code.

(c) Extensions. A final extension of up to two years for Table A-1-H, Columns (4) and (5) may be granted pursuant to recorded agreement subject to the following terms and conditions:

(1) The owner agrees to submit plans to repair or demolish the building, which will be subject to final City approval;

(2) The actual time granted for construction will be set by the City on an individual basis depending on the amount of work to be completed. The extension shall not extend beyond two years from the deadlines listed in Table A-1-H, Column (4) "Must Begin Construction By" and Column (5) "Must Complete Construction By."

(3) The owner agrees to provide security, in the form of a performance bond, letter of credit or cash deposit, to guarantee this final deadline will be met. The amount of the security shall be the greater of either the cost to repair the building or the cost to demolish the building, as approved by the City.

(4) If the owner fails to compete work at any stage in this final extension, the City will have approval to enter the building and complete the necessary work. The City may choose either to make the necessary repairs or demolish the building as it deems appropriate, using the security to finance the necessary work.

(5) The Owner agrees to indemnify the City of Salinas against any claim, loss, damage or expense, including attorneys fees and cost of defense reasonably incurred, which any person may suffer or incur, arising out of any claim, action or proceeding that may be brought against the City resulting from a negligent act or omission of the City during or as a result of the repair or demolition of the property which is the subject of this agreement.

(6) This agreement shall be recorded with the office of the Monterey County recorder attached to the certificate of URM construction status pursuant to Section 9-5.2(b)(1)(B)(5). (Ord. No. 2106 (NCS), § 1; Ord. No. 2150 (NCS), § 4; Ord. No. 2260 (NCS) § 1; Ord. No. 2276 (NCS), § 4 (C), (D), (E); Ord. No. 2359 (NCS), § 1; amended during 11-99 supplement.)