Ordinance 2808CITY OF ALAMEDA ORDINANCE NO. 2808
New Series
AMENDING THE ALAMEDA MUICIPAL CODE BY AMENDING
SUBSECTION 13-10.6 (a) (SERVICE OF NOTICE AND ORDER; METHOD OF
SERVICE , PROOF OF SERVICE), SUBSECTION 13-10.7(a) (APPEAL
PROCEDUR; ADMINISTRATIVE HEARG) OF SECTION 13-
(ABATEMENT OF SUBSTANDAR AND DANGEROUS BUILDINGS),
CHAPTER XIII (BUILDING AND HOUSING) AND SUBSECTION 13-21.4
(PROCEDUR FOR PRESERVATION OF HISTORICAL AND CULTURL
MONUENTS) ARTICLE VII (HISTORICAL PRESERVATION) OF CHAPTER
XIII (BUILDING AND HOUSING)
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1.The Alameda Municipal Code is hereby amended by amending subsection
(a) of Section 13-10., SERVICE OF NOTICE AN ORDER; METHOD OF SERVICE; PROOF
OF SERVICE of Aricle IV (Unsafe, Dangerous and Substandard Buildings; Nuisances; Summary
Abatement) is hereby amended to read:
a. Service of Notice and Order. The Notice and Order shall be served by personal service
and by posting conspicuously at least one copy of the Notice and Order on the building or structure
alleged to b lmfit , and another copy shall be sent by certified mail , postage prepaid , return receipt
requested , to the person owning the land on which the building or structure is located as such
f: person s name and addre,;g appearon the last equalized assessment roll , or supplemental roll , or as
(, known to the Oty Cierk. ofthe City of Alameda, and to any mortgagee or beneficiary of a deed of
trust. If such address is unkown to the Building Offcial, then that fact shall be so stated in the copy
so mailed , and it .shall be addressed to him or her at the county seat of the county wherein said
property is situated. Service of the l'iotice and Order shall be deemed complete on the date the
Notice is first posted or personally. served. Service by certified mail shall be deemed complete when
deposited in the United States Mail. The failure of any owner or other person to receive such Notice
and Order shall not affect in any manner the validity of any proceedings taken hereunder. If the
building or structure alleged to be unfit is a historical monument or a contributing structure within
a historic district which is also a City Monument or is a property listed on the Historic Building
Study List , then a copy of the Notice and Order shall also be sent to the Members of the Historical
Advisory Board, the subscribers to the Historical Advisory Board Agenda and shall be posted at City
Hall for a period often (10) days from the date of the Notice and Order.
Section 2 . The Alameda Municipal Code is hereby amended by amending subsection (a)
(Appeal) of subsection 13-10.7 (Appeal Procedure; Administrative Hearing) of section 13-
(Abatement of Substandard and Dangerous Buildings) thereof to read:
a. Appeal. The owner or any mortgagee or beneficiary may appeal the detennination
of the Building Offcial to the City Manager by filing a written notice of appeal with the City Clerk
within ten (10) days of the date of service of the Notice and Order. The appeal shall identify the
property and state the grounds for appeal with all material facts in support thereof. If the building
or structue alleged to be unfit is a historical monument or is listed on the Historic Building Study
List then any interested person may appeal the detennination of the Building Offcial to the City
Manager in the same manner.
Section 3 . The Alameda Municipal Code is hereby amended by amending subsection
(a) (Pennit Restrictions; Notification to Board of Request) of subsection 13-21.4 (Procedure for
Preservation of Historical and Cultural Monuments) of Aricle VII (Historical Preservation) thereof
to read:
a. Permit Restrictions; Notifcation to Board of Request. No building, structure , group
of structures , or site , including trees or plantings , contained in said list shall be demolished , removed
or altered without first referrng the matter to the Historical Advisory Board for a Certificate of
Approval , except where the Building Offcial or his/her designee detennines that demolition
removal or alteration of any such building, structure or site is immediately necessary in the interest
of the public health , safety or general welfare. In cases where immediate action is necessary to
protect the public health , safety or gene:al welfare , the Building Official or his/her designee shall
after prior consultation with the Secretary to the Historical Advisory Board , order those actions
which wil have the least detrimental effect on the affected historical resource(s). The Building
Offcial and the City Manager or his/her designee shall notify the Historical Advisory Board in
writing within two days of any request he/she receives for any such action.
Alteratirm shaIlme n any addition , or exterior modification , improvement , repair , or
replacement of character defining elements , which alter or change the original materials or
appearance of th0 monUil1ent , including but not limited to , massing, roof fonns , porches , finish
materials , windows , and decorative details. The addition and alteration of awnings and signs
excluding historically designated signs , shall not require a Certificate of Approval. Interior
modifications , improvements and repairs are not included in this definition.
Character Defining shall mean distinctive features , finishes and construction techniques or
examples of craftsmanship that characterize and architectural style or historic property.
Demolition shall mean the removal within a five (5) year period of more than thirty (30)
percent ofthe value of any designated strcture or building, as detennined by the Building Offcial.
Removal shall mean the relocation of any structure or building from one location to another
as well as the removal of designated plaques , trees and p1antings , and natural features.
Structural alteration shall mean removal or alteration ofthe original foundation or structural
elements such as floors , staircases , beams , columns , trusses or load bearing brick or stone walls.
This shall not include in-kind repair or replacement.
Section 4.The Alameda Municipal Code is hereby amended by amending subsection
(b) Certificate of Approval) of subsection 13-21.4 (Procedures for Preservation of Historical and
Cultural Monuments) thereof to read:
3. Appeals. Any interested person may appeal a decision ofthe Board to issue or deny
a Certificate of Approval by filing a written appeal within ten (10) days to the City Council. The
City Council shall reverse the decision of the Board only if it finds , upon the evidence of qualified
sources , that the historical monument is incapable of earning an economic return on its value. If the
Council so finds it may grant the appeal. The appeal fee shall be set by City Council Resolution.
Section 5 . The Alameda Municipal Code is hereby amended by adding a new section (5)
(Notification) to subsection (b) (Certificate of Approval) to subsection 13-21.4 (Procedure for
Preservation of Historical and Cultual Monuments) of Aricle VII (Historical Preservation) thereof
to read:
5. Notification. Notice of a hearng before the Historical Advisory Board shall be given
by postal card or letter mailed to owners , as shown on the latest assessment roll , of all 'properties
within three hundred (300) feet of the subject property.
Section 6 . 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.
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, 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 day of
September , 1999 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and
Mayor Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial seal of said City this
22nd day of September , 1999.
Di ne F elsch, City Clerk
City of ).Jameda