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A. Service of Order. The building official shall issue an order; as provided in subsection B; to the owner of each building within the scope of this chapter within sixty days from the effective date of this chapter.

B. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and; therefore; is required to meet the minimum standards of this chapter. The order shall be accompanied by a copy of this chapter and shall specify the time limits for compliance.

C. Appeal From Order. The owner or the owner’s authorized agent may appeal to the city council the building official’s initial determination that the building is within the scope of this chapter. Such appeal shall be filed with the city clerk within sixty days from the service date of the order described in subsection B. Any such appeal shall be decided by the city council no later than sixty days after the date that the appeal is filed. Such appeal shall be made in writing and the ground thereof shall be stated clearly and concisely.

Appeals or requests for modifications from any other determinations; orders; or action by the building official pursuant to this chapter; shall be made in accordance with the appeal procedures established in this chapter.

D. Recordation. At the conclusion of the appeal period; the building official shall file with the office of the county recorder a certificate stating that the subject building is within the scope of Chapter 17.34; Earthquake Hazard Reduction in Existing Unreinforced Masonry Wall Buildings. The certificate shall also state that the owner thereof has been ordered to bring the building into conformance with Chapter 17.34.

E. Termination of Status. As a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter; or is demolished; the building official shall file with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 17.34.

Further; the building official shall also notify the California Seismic Safety Commission and/or other agencies hereafter charged with the maintenance of the California Unreinforced Masonry Building Inventory; that the subject building has been removed from the city of Petaluma Inventory Of Unreinforced Masonry Buildings; and instructing the commission and/or agencies to do the same.

F. Enforcement. If the owner fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 17.34.110; the building official shall order the entire building vacated and 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 by such additional time as may have been granted by the city council; the building official may initiate proceedings in accordance with the Uniform Code for the Abatement of Dangerous Buildings.

In addition; the following remedies are available to:

1. The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this chapter.

2. A building owner violating this ordinance shall be guilty of a misdemeanor and; upon conviction thereof; shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the Sonoma County Jail for a term not exceeding six months; or by both such fine and imprisonment. Such building owner is guilty of a separate offense for each and every day during any portion of which such violation of this ordinance is committed; continued or permitted by such building owner.

3. These remedies are not exclusive.

(Ord. 1882 NCS §1 (part), 1992.)