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HomeMy WebLinkAbout2009-03 ORDINANCE NO. 2009-03 ADDING SECTION 10-9 TO THE DANVILLE MUNICIPAL CODE REQUIRING PLACARDS TO WARN OF UNSAFE BUILDING OCCUPANCIES The Danville Town Council does ordain as follows: SECTION 1. ADDING SECTION 10-9 REQUIRING PLACARDS TO WARN OF UNSAFE BUILDING OCCUPANCIES. Section 10-9 is hereby added to the Danville Municipal Code to read as follows: SECTION 10-9 POST-DISASTER PLACARDS 10-9.1 . Intent. This section establishes standard placards to be used to specify the condition of a building or structure for continued occupancy after a natural or man-made disaster. This section 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. 10-9.2 Application of Provisions. The provisions of this section are applicable, following each event as defined herein, to all buildings and structures of all occupancies regulated by the Town of Danville. 10-9.3 Definitions. For the purposes of this chapter, the following definitions apply: (a) Event shall mean any natural or human created occurrence which results in a disaster declaration by a governmental entity, including the Danville Town Council, the Governor of the State of California and the President of the United States, authorized to issue such a declaration and shall include earthquakes and after shocks, wind storms, fires, floods, hazardous materials incidents and other occurrences resulting in a disaster declaration. (b) Safety assessment is a visual, nondestructive evaluation of a building or structure for the purposes of determining the condition for continued occupancy following a natural or human created disaster. 10-9.4 Placards (a) The following are general descriptions of the official Town of Danville placards established by this section to be used to designate the conditions for continued occupancy of buildings or structures. The actual placards shall be in a form approved by the Chief Building Official and substantially similar to those incorporated in this chapter as Exhibits I, 2 and 3. 1 INSPECTED - LAWFUL OCCUPANCY PERMITTED (GREEN) placard is to be posted on each building or structure wherein no apparent structural or other serious hazard has been found. This placard does not indicate that there is no damage to the building. 2 RESTRICTED USE (YELLOW) placard is to be posted on each building or structure that is damaged to the extent that restrictions on continued occupancy are required. The individual or individuals authorized to post this placard will note in general terms the type of damage encountered and will note the restrictions on continued occupancy. 3 UNSAFE - DO NOT ENTER OR OCCUPY (RED) placard is to be posted on each building or structure that is damaged to the extent that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be occupied or entered under any circumstances except as authorized in writing by the department that posted the building. Safety assessment individuals or teams may be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual or individuals authorized to post this placard will note in general terms the type of damage encountered. (b) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered except by an authorized representative of the Town of Danville or upon written notification from the Building Division. (c) Unlawful removing or altering of any posted placard shall be punishable by law as described in Government Code Section 36901. (d) Other placards: From time to time, the above placards will need to be modified or new ones developed. The Chief Building Official may authorize the modification or development of new placards consistent with extent of this chapter. 10-9.5 Enforcing Agency. The Building Division shall administer and enforce the provisions of this ordinance. SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. PAGE 2 OF ORDINANCE NO. 2009-03 SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within fifteen (15) days after adoption. This ordinance shall become effective thirty (30) days after adoption. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing ordinance was introduced on June 2, 2009, and approved and adopted by the Danville Town Council at a regular meeting held on June 16, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Arnerich, Doyle, Andersen, Shimansky, None None None MAYOR APP"OVED AS TO ~: ~13 'I ATTEST: CITY ATTORNEY CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2009-03 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 3 OF ORDINANCE NO. 2009-03