Alameda Municipal Code § 13-45 Houseboats and Arks

It shall be unlawful for any person to use a houseboat or ark for the purposes of a dwelling or place of abode, or cause or permit the same to be so used in violation of the provisions of this section.

(Ord. No. 535 N.S. § 10-521)

Every houseboat or ark which has been drawn up on the dry land, or which has been set up and fastened upon posts or uprights fixed in the ground, and which is used as a place of abode by one (1) or more persons shall be deemed a dwelling within the meaning of the State Housing Act of the State of California, and shall be subject to all the provisions of the Alameda Building Code, the Alameda Electrical Code, the Alameda Plumbing Code, the Alameda Housing Code, and the Alameda Fire Code.

(Ord. No. 2722 N.S. § 10)

For the purposes of this section the words houseboat and ark shall mean a boat upon which one (1) or more rooms have been constructed and so designed as to enable the boat or ark to be used for the purpose of human occupation as a residence; provided the words shall also include all structures of a similar character, floatable or not, likewise all shacks. The words place of abode shall mean a residence or place used and occupied by one (1) or more persons for cooking, eating or sleeping.

(Ord. No. 535 N.S. § 10-523)

No animals or fowl of any character shall be kept in any part of such houseboat, ark or other dwelling or within twenty (20′) feet of any window or door thereof, of the character mentioned in the State Housing Act.

(Ord. No. 535 N.S. § 10-524)

It shall be unlawful to discharge or deposit any sewage or garbage from any houseboat, ark, or other dwelling into any of the salt waters or tidewaters of the City unless a permit to do so has first become procured from the State Board of Health.

(Ord. No. 535 N.S. § 10-525)

Every houseboat, ark or other structure designed, occupied or used as a dwelling in violation of any of the provisions of the Public Health Act of March 23, 1907, or of the State Housing Act, is hereby declared to be a public nuisance.

(Ord. No. 535 N.S. § 10-526)

It shall be the duty of the Building and Health Inspectors to strictly enforce the provisions of this section and aforesaid statutes. Whenever he/she shall find any houseboat, ark or other structure being constructed or used in violation of the provisions of this section or the State laws, he/she shall deliver a written notice to the occupant thereof, directing the owner or owners of the structure to appear before the City Council on a date specified and show cause why such structure should not be condemned as a public nuisance, copy of which notice shall also be posted in a conspicuous place on the structure. The notice shall be substantially in the following form:

NOTICE TO SHOW CAUSE

The owner or owners of this structure are hereby notified to appear at the next meeting of the City Council, in the Council Chambers thereof in the City Hall on the _____ day of _______, 19___, at 8:00 p.m. of the day, and show cause, if any they have, why said structure should not be condemned as a public nuisance.

Dated _______, 19___ _____ Building or

Health Inspector

The notices shall be delivered and posted at least five (5) days prior to the time fixed therein by the Building or Health Inspector for the hearing before the Council. In case such structure is not occupied, or in case the occupants cannot be found, the posting of the notice shall be deemed sufficient. In every case the Building or Health Inspector shall make and file his/her affidavit showing the fact and manner of delivering or posting the notice or both. Proof of delivery or posting of the notice may be by parole or affidavit.

(Ord. No. 535 N.S. § 10-527)

At the time fixed in the notice, the Council shall hear the owner or owners and also the Building or Health Inspector and shall thereupon make such order as they may deem meet in the premises. If satisfied that the structure in question is being constructed or used as a dwelling for human habitation in violation of this section or the State laws, or in case no person appears for or on behalf of the owner of the structure, the Council shall make and issue its order condemning such structure as a public nuisance and prohibiting its further use or occupation for the purpose of a dwelling, the order to become effective thirty (30) days from the time the same is made, thereafter any person or persons occupying the structure in violation of the order shall be guilty of a misdemeanor and be punishable accordingly.

(Ord. No. 535 N.S. § 10-528)

Immediately after the aforesaid order has been made the Building or Health Inspector shall post in a conspicuous place on the structure so condemned a notice substantially in the following form:

NOTICE OF CONDEMNATION

Notice is hereby given that on the _____ day of _______, 19___, after due notice and hearing to the owner and occupants hereof, this structure was condemned for use and occupancy as a dwelling or place of residence, and all persons are hereby prohibited from using or occupying the same as a dwelling or place of abode after _______, 19___ under penalty of arrest. By order of the City Council.

Dated _______, 19___ _____ Building or

Health Inspector

The Building or Health Inspector shall file his/her affidavit certifying to the time and manner of posting the foregoing notice.

The use or occupancy of such dwelling in violation of such order shall be unlawful, and the owner or owners of such structure permitting the use of such structure, as well as the occupants thereof, shall be guilty of a misdemeanor.

(Ord. No. 535 N.S. § 10-529)

Thirty (30) days after any such houseboat, ark or other structure has been condemned as a public nuisance in accordance with the foregoing provisions or as soon thereafter as possible, such structure shall be seized and conveyed to the corporation yard of the City together with any furnishings therein contained, and unless such structure or contents are reclaimed by the owner or owners within sixty (60) days thereafter, the same shall be sold at public auction to cover the cost of the seizure and removal and storage in the corporation yard. Any money remaining from the sale, after deducting the cost aforementioned, shall be deposited to the credit of the owner or owners.

In case the structure should be of such a character that it cannot be removed, the same shall be razed, and the materials out of which it was constructed, together with any furnishings or any contents therein, shall be removed to the corporation yard for storage, and thereafter sold as provided in the preceding paragraph.

(Ord. No. 535 N.S. § 10-5210)

The City authorities shall not be restricted or limited to any one method for abating the public nuisances herein referred to, but may use either the provisions of this section for such purpose or the provisions of the codes or the State laws aforementioned. The various remedies provided by the different laws shall be deemed to be cumulative, and the use of one shall not be construed as a bar to the use of another.

(Ord. No. 535 N.S. § 10-5211)

This section is not intended or designed to prevent the construction or occupation of houseboats or arks built and used in conformity with the provisions of the State laws, or used occasionally for boating, hunting or recreation, but is designed expressly to prohibit the construction and use of houseboats and arks which are not built or used in conformity with State laws, and which are occupied as a permanent place of abode.

(Ord. No. 535 N.S. § 10-5212)