ORDINANCE 1536 ORDINANCE NO. 1536
AN ORDINANCE ADOPTING POST DISASTER ASSESSMENT
STANDARDS AND AMENDING THE EL SEGUNDO MUNICIPAL
CODE TO REFLECT SUCH ADOPTION
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government
Code §§ 50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes
that are set forth in Health and Safety Code § 17922 and published in the
California Code of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing
was held on December 6, 2016, regarding the adoption of the Codes;
D„ Pursuant to § 50022.6 of the Government Code, at least one copy of all
codes adopted by reference were filed with the City Clerk of the City and
were available for public inspection for at least fifteen (15) days preceding
the date of the hearing; and
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to
adopt Post Disaster Assessment Standards with the changes set forth in
this Ordinance.
SECTION 2: Title 13, Chapter 16 of the El Segundo Municipal Code ("ESMC") is
amended in its entirety to read as follows:
"CHAPTER 16
POST DISASTER ASSESSMENT STANDARDS
Section 13-16-1: Post Disaster Assessment Standards Adopted.
13-16-1: ADOPTION OF PROCEDURES FOR POSTEARTHQUAKE SAFETY
EVALUATION OF BUILDINGS (ATC-20) AND ADDENDUM (ATC-20-2).
Pursuant to California Government Code § 50022.1 to 50022.8, the Procedures
for Postearthquake Safety Evaluation of Buildings (ATC-20) including Appendices
A through F, and Addendum (ATC-20-2) including Appendices A and B, published
by the Applied Technology Council, is adopted by reference, subject to the
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amendments, additions and deletions set forth below. One true copy of ATC-20
and ATC-20-2, are on file in the office of the Building Official and is available for
public inspection as required by law."
Section 13-16-2: Post Disaster Assessment.
Chapter 1. Post Disaster Safety Assessment Placards
Section 1-1 Intent:
This chapter establishes standard placards to be used to indicate the condition of
a structure for continued occupancy after any disaster. The Chapter further
authorizes the Building Safety Division, as well as authorized representatives of
the division, to post the appropriate placard at each entry point of a building or
structure upon completion of a safety assessment.
Section 1-2 Application of Provisions:
The provisions of this article are applicable following each disaster for which a state
of emergency has been declared by The City Council, State, or Federal
Government, to all buildings and structures of all occupancies regulated by the
City.
Section 1-3 Definition:
SAFETY ASSESSMENT: means a visual, nondestructive examination of a building
or structure for the purpose of determining whether continued occupancy should
be permitted following a disaster.
Section 1-4 Placards:
A. The following are descriptions of the official jurisdiction placards to be used to
designate whether buildings or structures may be occupied after a disaster. The
format of the placard is provided in the "Post Disaster Safety Assessment Plan"
published by the California Governor's Office of Emergency Services.
1. GREEN "INSPECTED- Lawful Occupancy Permitted" is to be posted on any
building or structure where 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. YELLOW "LIMITED ENTRY" is to be posted on each building or structure
that has been damaged where the damage has resulted in some form of
restriction to the continued occupancy. The individual who posts this placard
shall note in general terms the type of damage encountered
3. RED "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 or safety. Buildings or structures posted with this placard shall
not be entered under any circumstances except as authorized in writing by
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the Building Safety Department. El Segundo City approved 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 shall note in general terms the type of
damage encountered.
B. The name of the department, its address and phone number shall be
permanently affixed to each placard.
C. Once it has been attached to a building or structure, a placard shall not be
removed, altered or covered until done so by an authorized representative of
the City of El Segundo Building Safety Division.
Chapter 2 Post-disaster Demolition
Section 2-1 Intent:
This chapter establishes demolition criteria for all buildings and structures
damaged as a result of a disaster for which a local emergency has been declared
by The City Council, State, or Federal Government, to the degree where demolition
is a viable alternative to repair.
Section 2-2 Application of Provisions:
The provisions of this article are applicable following each disaster for which a local
emergency has been declared by The City Council, State, or Federal Government,
to all buildings and structures of all occupancies regulated by the City.
Section 2-3 Definitions:
EVENT: Any occurrence, which results in the declaration of an emergency, and
shall include but not limited to, fires, wind storms, earthquakes and floods.
CONDEMN AND CONDEMNED: Shall also mean no person shall enter the
building or structure for any reason without the express written permission of The
Director of Planning and Building Safety or his designee.
Section 2-4 Demolition Criteria:
A. If after the event, and during any state of emergency, The Director of
Planning and Building Safety determines that any building or structure
poses an imminent threat to public health and safety and that protection of
the public health and safety requires immediate demolition of the building
or structure, or a portion of a building or structure, the Director or his
designee shall, without contacting the owner or providing a hearing to the
property owner, order that said building or structure be demolished
immediately. Upon the order of the Director or designee, the City shall
immediately demolish said building or structure. Such demolition shall be
performed in the interest of public health and safety without condemnation
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hearings otherwise required by this municipal code.
B, If after the event, the Director of Planning and Building Safety determines
that any building or structure poses a hazard, but not an imminent threat to
the public health and safety, The Director or his designee shall notify the
building owner of such determination, and the reasons thereof by certified
mail return receipt deposited in the United States mail no later than five days
after the determination is made. The notice shall set forth the date, time,
and place of a hearing which the Director or his designee shall conduct, and
also state that during the hearing the building owner may present any
evidence to explain why the building or structure should not be condemned.
The decision of the Director or his designee to condemn the building or
structure unless all required repairs are made shall be final. In making the
final decision, The Director or his designee shall consider: 1) All evidence
presented at the hearing by the owner or his or her representative; 2) The
nature of the hazard presented by the building or structure; 3) the likelihood
of personal injury or death occurring if the building or structure; and 4) the
likelihood of personal injury or death occurring if the building or structure is
not condemned.
C. For any building or structure which the owner has decided to demolish
rather than repair, the owner, or owner's representative, shall follow the
established procedures for securing a demolition permit."
SECTION 3: Environmental Assessment. The City Council determines that this ordinance
is exempt from review under the California Environmental Quality Act (California Public
Resources Code §§ 21000, et seq., "CEQA")and the regulations promulgated thereunder
(14 California Code of Regulations §§ 15000, et seq., the CEQA Guidelines ) because it
consists only of minor revisions and clarifications to an existing code of construction-
related regulations and specification of procedures related thereto and will not have the
effect of deleting or substantially changing any regulatory standards or findings required
therefor, and therefore does not have the potential to cause significant effects on the
environment. In addition, this ordinance is an action being taken for enhanced protection
of the environment and is exempt from further review under CEQA Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION : Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or
preclude prosecution and imposition of penalties for any violation occurring before, this
Ordinance's effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this
Ordinance.
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SECTION 6: Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the city council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. The City Clerk is directed to certify the passage and adoption
of this Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
SECTION 9: Effective Date. This Ordinance will become effective on the 31St day
following its passage and adoption,
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
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PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1536 on this 6th day of
December, 2016.
,. Fuentes�"UL�One , Mayor
APPROVED AS TO FORM
Mark Hensle Cit A
y, t rney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1536 was duly introduced by said City Council at a regular meeting held
on the 1St day of November, 2016, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 6th day of December, 2016, and the same was so
passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Dugan and
Council Member Pirsztuk
NOES: None
ABSENT: Council Member Brann
ABSTAIN: None
Tracy"cleaver,'` City Clerk �,