§ 9-72.060. Repair and Maintenance

A.

Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming structure shall be allowed only in compliance with this Section.

B.

Eminent domain. The reconstruction, remodeling, or repair of any structure shall be allowed where a part of the structure is taken for any public use by condemnation, dedication, or purchase by any agency having the power of eminent domain. The reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided, all reconstruction and repair work shall be completed within a period of 12 months from the date of application for the required Building Permit.

C.

Seismic retrofitting/Building Code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

1.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations; provided, the retrofitting is limited exclusively to compliance with earthquake safety standards; and

2.

Reconstruction required to comply with Building Code requirements shall be allowed without cost limitations; provided, the retrofitting and Code compliance is limited exclusively to compliance with earthquake safety standards and/or other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc.) and the City's Flood Damage Prevention Ordinance (SVMC Section Title 7, Chapter 5).

D.

Initiation of construction. Nothing contained in this Chapter shall require any change in the plans, construction, or designated use of any structure upon which actual construction was lawfully initiated before the effective date of this Development Code, or any subsequent amendment which would otherwise result in a legal nonconformity. For the purposes of this Development Code, actual construction shall mean the placing of construction materials in a permanent manner, excavation of a basement, or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structure(s).

(§ 5, Ord. 1085, eff. January 6, 2006)