19.39.110 Compliance schedule for completion of seismic retrofits.
A. Deadlines.
1. All owners of potentially hazardous SWOF buildings shall submit an application for a building permit to carry out the required retrofit in accordance with this Chapter no later than December 31, 2016.
2. The retrofit shall be completed no later than two years after submittal of the application for a building permit pursuant to Subsection 19.39.110.A.1.
B. Acceleration of Deadlines. Notwithstanding Subdivision A of this Section, the owners of potentially hazardous SWOF buildings shall submit an application for a building permit to carry out the required retrofit in accordance with this Chapter within six months and complete the retrofit no later than eighteen months after submittal of the application for a building permit whenever any one or more of the following occurs:
1. The Building Official determines that the building or any major portion thereof will be reoccupied after being vacant for six months or longer.
2. The building will undergo a remodel, alteration, addition or structural repairs valued at more than $50,000 per unit, except for repairs found by the Building Official to be required for routine maintenance or in response to emergency situations.
3. Title to the building is transferred in whole or part or the building is sold to a new owner or owners, except when such transfer results from a change in title due to inheritance or transfers between spouses or registered domestic partners.
4. Additional financing is obtained which is secured by a deed of trust or mortgage recorded on the title to the building. Financing secured solely to refinance existing debt against the property or for structural and maintenance related repairs shall not be considered additional financing for the purposes of this Chapter.
5. The use of the building changes such that Section 3408 of the Berkeley Building Code (BMC Chapter 19.28) applies.
6. The building is declared to be an Unsafe Building as specified in Section 19.28.020 Subsection 116 of the Berkeley Building Code by the Building Official.
C. Hardship Exceptions. The City Manager or their designee may grant an exception to the requirements of this Section and extend the deadline for completing all or a part of required seismic retrofit work. An exception may initially extend the building permit application deadline or performance of some or all of required retrofit work by up to one year. The City Manager may grant one additional extension of up to one year to the same owner if a continued exception is justified in accordance with the requirements of this Section. However, any subsequent extension request by the same owner must be approved by the Housing Advisory Commission. Hardship exceptions shall only be granted where:
1. The owner submits to the City Manager a detailed written statement requesting an exception, explaining why an exception should be granted and clearly documenting the reasons for an exception in accordance with the requirements of this Section; and
2. The owner submits a written plan to the City Manager for proceeding with the retrofit work, with any exceptions granted, and agrees to fully cooperate with the City in identifying all available financing for the seismic retrofit work and any related relocation.
Exceptions granted under this Section are limited to deadlines imposed pursuant to Section 19.39.110 only and shall not apply to any other corrections required by the City.
D. Required Findings. In order to grant an extension, the City Manager, or the Housing Advisory Commission upon a third request for an extension by the same owner, must find that:
1. The building does not present an imminent threat to the life or safety of occupants or the public, based on a report from a California licensed structural or civil engineer. The City may require partial or interim seismic retrofit work in order to grant an extension; and
2. The owner has complied with all other applicable requirements, including submitting an approved engineering evaluation report, tenant notification, and posting of earthquake warning signs; and
3. The owner demonstrates one or more of the following conditions:
(a) Funds are unavailable for the required seismic retrofit work. The owner shall provide the following information as required to determine financial hardship:
1. Contractors’ bids or a professional cost estimate of the seismic retrofit;
2. Specific information on building’s rents, operating expenses, existing debt, projected rents on the retrofitted building and any other information needed to analyze the ability of the building to support additional debt to perform the retrofit work; and
3. Statements from lenders that they are unwilling to provide financing for the retrofit work. The City may require an owner to apply for any financing the City determines may be available for the retrofit work before making a determination of hardship.
4. Any other information requested by the City Manager.
(b) In order to qualify for necessary financing, very low-income residential tenants will be required to pay a higher rent and the increased monthly contract rent will be more than 30% of the tenants’ household income and no subsidy is currently available to reduce the rent to 30% or less than the tenants’ household income. For purposes of this part, very low-income residential tenants are households with incomes below 50 percent (50%) of area median income.
(c) There are unique and exceptional circumstances that prevent or hinder the performance of retrofit work. (Ord. 7351-NS § 1, 2014; Ord. 7318-NS § 1 (part), 2013)