Ordinance 2628CITY OF ALAEDA ORDINANCE NO.
New Series
2628
AMENDING THE ALAEDA MUICIPAL CODE BY AMENDING
SECTION 3-62 (IMPROVEMENT TAX) , CHAPTER III
(FINANCE AND TAXATION), PERTAINING TO IMPROVEMENT
TAX REGULATIONS AND ADDING PROVISIONS EXEMPTING ALL
PROJECTS FOR THE SEISMIC STRENGTHENING OF
UNREINFORCED MASONRY BUILDING FROM IMPROVEMENT TAX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAEDAthat:
section 1 The Alameda Municipal Code is hereby amended
by amending Section 3-62.2 (Definitions), of Chapter III (Finance
and Taxation), section 62 (Improvement Tax), thereof to read:
3-62.Def ini tions:
Construction shall mean and include all improvements to
real property which require building or plumbing permits other than
repairs or remodeling valued at less than five thousand ($5000.00)
dollars or demolition.
section 2 The Alameda Municipal Code is hereby amended
by amending section 3-62-6 , of Chapter III (Finance and Taxation)
Section 62 (Improvement Tax), thereof to read:
3-62.Exemption.a. Persons who hc:\ve entered into owner participation
agreements approved by the Council, wherein such persons have
agreed to pay for any of the cost associated with development not
otherwise required by the subdivision regulations , shall be exempt
from this tax unless provided otherwise by the agreement.b. Persons who undertake the seismic strengthening of any
unreinforced masonr 7 huilding (UR building) identified as a
potentially hazardous 5tructu e pursuant to Chapter XIII, Article
XVIII of this code ar8 exempt from this tax whenever any one of thefollowing situations exists:1. A Building Permit is issued for the full seismic
retrofit of the building in compliance with Appendix Chapter 1, of
the Uniform Code for Building Conservation; or2. A Building Permit is issued for the full seismic
retrofit of the building in compliance with Appendix Chapter 1 , of
the Uniform Code for Building Conservation , and as part of the sameconstruction proj ect there are other non-seismic alterations or
additions to the building; or
3. Prior to October 1 , 1997 , a Building Permit is
issued for the minimum life-safety retrofit of the building in
compliance with Chapter XIII, Article XVIII , of this Code; or4. Prior to October 1 , 1997 , a Building Permit is
issued for the minimum life-safety retrofit of the building in
compliance with Chapter 13 , Article XVIII, of this Code , and as
part of the same construction proj ect there are other non-seismic
alterations or additions to the building.
section . The Alameda Municipal Code is hereby
by amending section 3-62-7 , (Reconstruction Exemption) ofIII (Finance and Taxation), section 62 (Improvement Tax),
to read:
amended
Chapter
thereof
3-62.Reconstruction Exemption.a. The term construction shall not include that portion
of any repair work required as a result of fire , war , or naturaldisaster.b. The term construction shall not include repair work
of / or reconstruction work identified and confirmed as defects the
original construction and which is the subject of completed courtlitigation and is commenced within three (3) years of final
settlement or judgment.
section 4 . This subsection shall apply retroactively andbe effective April 1, 1993.
section 5 This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the
date of its final passage.
Presiding Offi of the City Co ncil
Attest:
, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council . of the City of
Alameda in regular meeting assembled on the 20th day of,
:t;:J..l"'_n__' 1993 by the following vote to wit:
AYES:Councilmembers Appezzato, Arnerich, Lucas, Roth
and President wi throw -
None.NOES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF, I have hereunto s t my hand and affixed the
official seal of said city this 2lst day of ApriJ , 1993.
gidDiane. Felsch , City Clerkci ty of Alameda