Ord 2024-017 Article 16 (Earthquake Hazard Reduction in Existing Soft-Story Residential Buildings)

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ORDINANCE NO. 2024-017 6 The Building Official’s determination shall be final at the end of sixty (60) days unless a timely appeal is filed as provided below. b) Service of Notice and Order. The Notice and Order shall be in writing and may be given either by personal delivery thereof to the owner or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the owner of the property as shown on the last equalized assessment roll of the county, or as known to the Building Official, as well as to the following, if known or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure to serve any person required herein to receive service shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. 7-5-1630 APPEAL OF NOTICE AND ORDER TO BUILDING OFFICIAL. Any person entitled to service of notice under Section 7-5-1625 may request the Building Official to reconsider a determination to include a building on the Inventory of Potentially Hazardous Soft-Story Buildings by submitting information that the building’s ground floor is not soft, weak, or open as defined by the applicable standard, that the building has been substantially reconstructed in accordance with the 1982 or later Uniform Building Code. The appeal to the Building Official shall be filed within sixty (60) days from the date of the service of such Notice and Order of the Building Official. The Building Official shall provide a final decision in writing. Whenever a notice and order has been issued by the Building Official and served as provided in Section 7-5-1625 and no appeal has been filed in accordance with Section 7-5-1635, the notice and order shall be deemed final and conclusive. 7-5-1635 APPEAL OF DECISION OF BUILDING OFFICIAL. a) The Board of Appeals created under Section 115 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code. b) Any person aggrieved by a final decision of the Building Official, in the manner stated in Section 7- 5-1630 herein, to include a building on the Inventory of Potentially Hazardous Soft-Story Buildings, may appeal such decision by filing a written Application for Appeal Hearing with the Secretary of the Board of Appeals, as within ten (10) days of service of the Building Official’s determination. c) The fee for filing an appeal shall be established by resolution of the City Council. The appeal fee shall be required at the time that the appeal is filed. Appeal forms shall not be accepted without the appropriate appeal fee. d) The written appeal shall contain the following information: 1. The specific identification of the subject property.