Article XI — Declaration of Public Nuisance—Substandard

15.08.350 - General.

A.

Commencement of Proceedings. When the Building Official has inspected or caused to be inspected residential or non-residential buildings or structures or portions thereof and has found and determined that such buildings or structures or portions thereof are substandard and a public nuisance, then the Building Official may commence proceedings to cause the repair and rehabilitation, vacation, or demolition of the building or structure or portion thereof.

B.

Declaration. The Building Official may issue a declaration of public nuisance—substandard directed to the record owner of the property. The declaration shall contain:

1.

The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.

2.

A statement that the Building Official has found the building or structure or portion thereof to be substandard and a public nuisance with a brief and concise description of the conditions found to render the building or structure or portion thereof unsafe under the provisions of Section 15.08.340 A. of this Code.

3.

A statement of the action required to abate the substandard conditions, as determined by the Building Official.

a.

The declaration shall require that all required permits be secured therefore and the work either for repair and rehabilitation or for demolition physically be commenced within thirty (30) calendar days from the date of the declaration and be completed within sixty (60) calendar days from the date of commencement of work. The Building Official may grant extensions to the permit issuance and completion requirements specified herein as may be reasonable under all of the circumstances

b.

If the Building Official has determined that the building or structure must be vacated as provided in Section 15.08.380 of this Code, the declaration shall require that the building or structure shall be vacated within a certain time from the date of the declaration as determined by the Building Official to be reasonable. Owner(s) must comply with all state and local law regarding the removal of occupants.

4.

Statements advising that if required repair and rehabilitation or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official:

a.

May order the building or structure vacated and posted to prevent further occupancy until the work is completed; and

b.

May proceed to cause the demolition work to be done and charge the costs thereof against the property and the record owner.

5.

Statements advising:

a.

That any person adversely affected by the Declaration of the Building Official may appeal to the Hearing Officer, provided that the appeal is made in writing as provided in Oakland Municipal Code 15.04.1.125; and that fees are paid as established in the Master Fee Schedule; and that the appeal is received by the Building Official within twenty-one (21) calendar days from the date of service of such declaration, or such other time period as provided for herein whenever conditions exist which are dangerous or an imminent hazard as provided in Section 15.08.380 of this Code; and

b.

That failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.

C.

Method of Service. The declaration of public nuisance—substandard, and any amended or supplemental declaration, shall be served as provided in Section 15.08.110 B. of this Code upon the record owner, and one (1) copy thereof shall be served by mailing with regular postage on each of the following if known to the Building Official or disclosed from official public records:

1.

The holder of any mortgage of deed of trust or other lien or encumbrance of record; and

2.

The owner or holder of any lease of record; and

3.

The holder of any other estate or legal interest of record in or to the building or the land on which it is located.

4.

Each affected residential unit.

The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Section.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

If compliance is not achieved with the declaration of public nuisance—substandard within the time specified therein, and no appeal has been properly and timely received, the Building Official may file in the Office of the Alameda County Clerk-Recorder a certificate describing the property and certifying the following:

1.

That the building or structure is Substandard and a Public Nuisance; and

2.

That the record owner of the property has been so notified.

Whenever the corrections ordered shall thereafter have been completed or the building or structure demolished so that it no longer exists as Substandard and a Public Nuisance on the property described in the certificate, the Building Official shall file a new certificate with the Alameda County Recorder certifying the building or structure has been demolished or all required corrections have been made so that the building or structure is no longer Substandard and a Public Nuisance, whichever is appropriate.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

A.

The owner(s) of any building or structure declared substandard and a public nuisance under this Code shall be required to comply with one (1) of the following:

1.

The building or structure shall be repaired and rehabilitated in accordance with the current edition of the Oakland Building Construction Code and other current codes applicable to the type of substandard conditions requiring repair; or

2.

The building or structure shall be demolished in compliance with state and local law.

B.

Compliance.

Application for permits to repair and rehabilitate or demolish a substandard and public nuisance building or structure shall be made within ten (10) days after recordation of the declaration with the Alameda County Recorder. All permits must be obtained within thirty (30) days after such recordation, and all work shall be finalized and approved within sixty (60) days after obtaining such permits. Failure to obtain such permits and complete the required work as specified herein may result in the demolition of the building by the Building Official. The Building Official may grant extensions to the permit issuance and completion requirements specified herein as may be reasonable under all of the circumstances.

2.

Conditions of Compliance including, but not limited to, issuance of required permits and Certificate of Occupancy and Report of Permit Record, establishment of performance durations, and payment of all fees, charges, assessments, penalties, liens, accrued interest, residential tenant relocation costs, performance completion security, and performance monitoring deposit shall be required for all such repair and rehabilitation or demolition.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.380 - Order to vacate.

A.

Vacant Building.

1.

A building or structure declared substandard and a public nuisance under this Code which is unoccupied shall be secured and maintained against entry and shall not be re-occupied for any circumstance until the violations causing the substandard conditions have been fully corrected and a renewal certificate of occupancy has been obtained by the record owner and all fees, costs, penalties, and interest have been paid.

2.

The Building Official shall prominently post at or upon each entrance of the unoccupied building or structure declared substandard and a public nuisance and at such other conspicuous locations on the premises as are deemed necessary by the Building Official, an order which shall be in substantially the following form:

City of Oakland DO NOT ENTER UNSAFE TO OCCUPY

SUBSTANDARD PREMISES

The premises have been declared a Public Nuisance and shall remain vacant and shall not be entered or reoccupied for any circumstance without prior written approval from the Building Official

The Owner of Record of this property at the time of this posting is _______

It is a misdemeanor punishable by a fine of $100 to enter or to occupy this building or to remove or mark this notice without written authorization from the Building Official. Subsequent violations can result in punishment of up to six months in jail and/or fines of up to $1,000.

B.

Dangerous Building or Structure. Whenever a building or structure declared substandard and a public nuisance under this Code is in such unsafe condition as to make it dangerous either to life and limb of the occupants or to private or public property or to health or safety of the public, the Building Official may order the owner of record to cause the building or structure to be vacated and secured and maintained against unauthorized entry. Owner(s) shall comply with all state and local law regarding the removal of occupants.

C.

Imminent Hazard.

1.

Whenever a building, structure, portion thereof, or real property, whether declared Substandard and a Public Nuisance under this Code or otherwise, is in such immediately dangerous condition due to the existence of or to the perilous risk from natural gas explosion, or electrical shock, or chemical toxicity or asphyxiation, or structural collapse, or riparian inundation, or geotechnical instability, or sewage contamination, or potable water cross-contamination, or urban-wildland conflagration, or other immediately dangerous conditions as determined by the Building Official as to make it a clear and certain endangerment to property, or a manifestly unhealthy or unsafe environment for the public, or an imminent hazard to life and limb of the occupants or City employees in the performance of their official duties, the Building Official may cause the immediate vacation of the premises and all other endangered property similarly in perilous risk and the immediate abatement by the City or its contractors of all immediately dangerous and perilous conditions or defects.

2.

Whenever the Building Official will cause the immediate vacation of the premises and all other endangered property similarly in perilous risk or the immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, reasonable measures shall be taken to notify the record owner of the property of the pending abatement actions, including, but not limited to, visual communication by posting of the premises and oral communication by telephone or in person and written communication by personal delivery or electronic mail or facsimile, unless circumstances and time do not otherwise warrant and permit.

3.

Whenever the Building Official will cause or has caused the immediate vacation of the premises and all other endangered property similarly in perilous risk or the immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, an expedited administrative hearing shall be scheduled within two days (excluding weekends and City observed holidays) of receipt by the Building Official of a written appeal filed in compliance with Oakland Municipal Code 15.04.1.125 and fees as established in the Master Fee Schedule.

immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, an expedited administrative hearing shall be scheduled within two days (excluding weekends and City observed holidays) of receipt by the Building Official of a written appeal filed in compliance with Oakland Municipal Code 15.04.1.125 and fees as established in the Master Fee Schedule.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article XII. - Administrative Hearing[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 13529, § 3, adopted April 16, 2019, amended this section in its entirety to read as set out herein. Deleted §§ 15.08.420—15.08.460 pertained to the appeals process and derived from Ord. No. 13407, adopted December 13, 2016.

Administrative Hearing. Any person adversely affected by an order, decision, or determination made under Section 15.08.350 of this Code may appeal by requesting an administrative hearing before a Hearing Officer following the procedures set forth in Oakland Municipal Code 15.04.1.125.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13529, § 3, 4-16-2019; Ord. No. 13407, § 4(Exh. A), 1213-2016)

15.08.420—15.08.460 - Reserved.

Article XIII. - Lead Hazard Control and Abatement

The purpose of this Article is to promote the health, safety, and general welfare of the people of Oakland by requiring the removal of lead hazards throughout the City. This Chapter shall apply to all buildings and portions thereof including the premises on which they are located, including dwellings, dwelling units, hotels, motels, guest rooms, childcare facilities, buildings open to the public, yards, soil, and any premises or areas inhabited or frequented by children. The property owner shall be responsible for the removal or the control of all lead hazards. The extent of the removal or the control of the lead hazard shall be determined by a lead risk assessment report prepared by a third-party State of California certified Lead Risk Assessor retained by the property owner.

(Ord. No. 13719, § 5, 12-20-2022)

"Abatement" means measures designed to permanently eliminate known lead hazards, including, but not limited to, the following:

1.

The removal of lead-based paint from a building component, the replacement of a building component painted with a lead-based paint or the enclosure or encapsulation of lead-based paint;

Removal or covering of lead contaminated soil and dust;

3.

Removal of any item found to be a lead hazard to a child;

4.

All preparation, clean-up, worker protection, disposal, and post abatement clearance testing activities associated with such measures.

"Child" means any person who is under six (6) years of age.

"Encapsulation" means a method of abatement that involves the coating and sealing of surfaces with durable surface coatings specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-based paint from becoming part of house dust or otherwise accessible to children. Paint is not an encapsulant unless approved for such use by the U.S. Environmental Protection Agency or the State of California Department of Health Services.

"Enclosure" means a method of abatement that involves the resurfacing or covering of surfaces with durable materials such as gypsum board or paneling and sealing or caulking the edges and joints so as to prevent or control caulking, flaking, peeling, scaling, or loose lead-based paint from becoming part of house dust or otherwise accessible to children.

"Interim Controls" means strategies or measures to temporarily reduce a lead hazard to a child including, but not limited to, specialized cleaning, paint stabilization, painting, repairs and maintenance.

"Lead Hazards" includes deteriorated lead-based paint, lead-contaminated dust, and lead-contaminated soil, and also includes disturbing lead-based paint or lead contaminated soil without containment, or any other nuisance which may result in persistent and quantifiable lead exposure.

"Lead-Based Paint" means any paint or other surface coating that contains lead in excess of 1.0 milligrams per square centimeter, as measured by x-ray fluorescence (XRF), or 0.5 percent (5,000 parts per million [ppm]) by weight as measured by industry standard laboratory analytical methods, or that level as determined in the most recent standards as established by the U.S. Environmental Protection Agency.

"Deteriorated Lead-Based Paint" means lead-based paint or presumed lead-based paint that is cracking, chalking, flaking, chipping, peeling, non-intact, failed, or otherwise separating from a component.

"Lead-Contaminated Dust" means dust that contains an amount of lead equal to, or in excess of:

(a)

Ten micrograms per square foot (10 ug/ft[2 ] ) for interior floor surfaces; or

(b)

One hundred micrograms per square foot (100 ug/ft[2 ] ) for interior horizontal surfaces; or

(c)

Four hundred micrograms per square foot (400 ug/ft[2 ] ) for exterior floor and exterior horizontal surfaces.

"Lead-Contaminated Soil" means bare soil that contains an amount of lead equal to, or in excess of, four hundred parts per million (400 ppm) in children's play areas and one thousand parts per million (1,000 ppm) in all other areas.

"Lead Hazards to Children" shall mean the presence of a readily accessible, dangerous level of leadcontaining substance on the exterior or interior of a surface, fixture, connection, or appurtenance of any dwelling, dwelling unit, hotel, motel, guest room, childcare facility, institution, yard, soil, or any premises inhabited or frequented by children that may cause an elevated blood lead level.

"Presumed Lead-Based Paint" means paint or surface coating affixed to a component in or on a structure constructed prior to January 1, 1978. All paint on buildings built before 1978 is presumed to be lead-based paint unless it has been tested in accordance with State law and has been shown to not be lead-based paint.

"Readily Accessible" means in a dusty, peeling, flaking, or chipped condition, or located on or in a substance or surface from which it may be chewed, ingested, or inhaled by children.

"Replacement" means a method of abatement that removes components such as windows, doors, and trim that have lead-based painted surfaces, and installs new or de-leaded components free of lead-based paint.

(Ord. No. 13719, § 5, 12-20-2022)

The Building Official may enter any property, premises, or area when the Building Official has reasonable cause to believe any lead hazard or presumed lead-based paint exists, including any building built before 1978 where construction, rehabilitation, or painting is taking place, for the purpose of inspection and enforcement of the provisions of this Article, subject to any applicable requirements of law relating to such entry.

(Ord. No. 13719, § 5, 12-20-2022)

15.08.540 - Inspection.

A.

If, upon visual inspection, the Building Official is persuaded that lead hazards are present, including, but not limited to, deteriorated lead-based or presumed lead-based paint, or the disturbance of lead-based paint without containment, the Building Official shall issue an order requiring the property owner to retain a thirdparty State of California certified lead risk assessor to inspect and produce an lead risk assessment report.

B.

The Building Official may also issue a stop work order to prevent the further disturbance of lead-based or presumed lead-based paint without containment.

(Ord. No. 13719, § 5, 12-20-2022)

A.

The property owner shall be responsible for the removal or the control of all lead hazards. The extent of the removal or the control of the lead hazard shall be determined by the lead risk assessment report produced by a certified lead risk assessor after inspection.

B.

Prior to implementation of an abatement work plan or interim control measures, property owners, their agents, or other responsible parties must submit such plans for approval to the City of Oakland, Planning and Building Department, and obtain all necessary permits.

C.

The work plan shall include a description of the method to be used to reduce the hazard; the disposal method for the lead-containing substances; the personnel performing the work; and other information requested by the City of Oakland, Planning and Building Department.

D.

The work plan shall include a relocation plan for any residential tenants who must be relocated for safety reasons while the abatement work is taking place.

(Ord. No. 13719, § 5, 12-20-2022)

A.

It is unlawful and a misdemeanor for any property owner:

1.

To refuse or neglect to remove or reduce known lead hazards if ordered to do so by the Code Enforcement Inspector; or

2.

To permit readily accessible, dangerous levels of lead-containing substances to remain on the exterior or interior surfaces, soil, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, rooming house, or any premises inhabited or frequented by children.

B.

It is unlawful and a misdemeanor for any person owning, leasing, occupying, or having charge or possession of any premises to damage, disturb, neglect, or remove any abatement or interim control measures so as to cause a lead hazard.

C.

All lead hazards are a public nuisance.

(Ord. No. 13719, § 5, 12-20-2022)

All individuals hired or employed by an owner, agent, or responsible party to perform lead-related construction, hazard control, removal, or abatement within the City must have a State of California Interim Certification, or Environmental Protection Agency (EPA) Certification when such certification is available through the California State Department of Health Services.

In accordance with the Lead Renovation, Repair, and Painting (RRP) rule, those who receive compensation for renovations in housing and child-occupied facilities built before 1978 must follow certain requirements. The requirements, at a minimum, include the following:

•

The firm that performs the work must possess RRP firm certification from EPA.

•

The job supervisor employed by the firm must have an individual renovator certification and be able to present that certification at any time.

•

Each worker must either have an individual renovator certification or have been trained by a supervisor with individual renovator certification.

•

The firm must provide the "Renovate Right" brochure to owners and/or tenants before the work begins.

•

The firm must maintain adequate written records for three (3) years.

•

The firm or workers hired by the firm must perform, at the minimum, the following at the worksite:

•

Post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area;

•

Contain the work area so that dust and paint chips do not leave the work area;

•

Close windows, doors and/or ducts to minimize exposure to lead dust and chips;

•

Cover the floor/ground with plastic sheeting (six (6) to ten (10) feet wide in most cases);

•

If using machines to sand, grind, plane, or sandblast, the machine must be connected to a high efficiency particulate air (HEPA) vacuum;

•

At the end of each work day, waste must be collected, contained and stored safely to prevent access to dust and debris or the release of dust and debris;

•

Properly dispose of waste; and

•

Clean work area so no dust, debris or residue remains after project is finished.

(Ord. No. 13719, § 5, 12-20-2022)

Administrative Hearing. Any person adversely affected by an order, decision, or determination made under this Article may appeal by requesting an administrative hearing before a Hearing Officer following the procedures set forth in Oakland Municipal Code Section 15.04.1.125.

(Ord. No. 13719, § 5, 12-20-2022)

Article XIV. - Delay of Enforcement for Accessory Dwelling Units

The purpose of this Article is to allow for a delay of enforcement actions, for a period of no more than five (5) years, for accessory dwelling units built before January 1, 2020, if corrections of violations are not

necessary to protect health and safety as per California Government Code, Section 65852.2, subd. (n), and California Health and Safety Code, Section 17980.12. This Article shall remain in effect only until January 1, 2030, and as of that date is repealed.

(Ord. No. 13719, § 6, 12-20-2022)

15.08.720 - Application for delay of enforcement.

A.

An owner of an accessory dwelling unit built before January 1, 2020, may submit an application requesting that enforcement be delayed for a period of five (5) years on the grounds that correcting violations is not necessary to protect health and safety.

B.

If the Building Official determines that correction of the violation(s) is not necessary to protect health and safety, the application shall be granted.

C.

A delay of enforcement means the City will not penalize the owner for being out of compliance with building standards during the delay period. The owner must use the delay period to bring the property into compliance. Noncompliant conditions still existing after the expiration of the delay of enforcement shall be deemed a public nuisance and shall be subject to immediate enforcement.

D.

A delay of enforcement shall not be granted if the accessory dwelling unit has any of the following conditions:

1.

Significant structural damage or defects due to deterioration, such as tilting walls or sagging roofs;

2.

Lack of a direct exit from the unit to the outside;

3.

Lack of an emergency escape window in rooms used for sleeping purposes;

4.

Any gas-fired appliance in a sleeping room including, but not limited to, water heaters, furnaces, or stoves;

5.

Lack of adequate fire separation between dwelling units;

6.

Lack of properly installed code compliant smoke alarms and carbon monoxide detectors.

(Ord. No. 13719, § 6, 12-20-2022)

If application for a delay of enforcement is granted, the Building Official shall execute a notice stating that a delay of enforcement has been granted; setting forth the time period of the delay; requiring the owner(s) to inform all occupants, in writing, of the existing violations and the delay of enforcement. The notice shall be recorded with the County of Alameda Recorder's office.

(Ord. No. 13719, § 6, 12-20-2022)

A delay of enforcement shall not absolve the owner(s) of their obligation to comply with maintenance and habitability standards owed to any tenant. Nor shall a delay of enforcement impair the rights of any tenant to seek or obtain relief under any State or local law created for the benefit of tenants, or to enforce any contract.

(Ord. No. 13719, § 6, 12-20-2022)

To provide, or offer to provide, an accessory dwelling unit for short term rental for a period of less than thirty (30) days is a public nuisance.

(Ord. No. 13719, § 6, 12-20-2022)

15.08.760 - Delay of enforcement applies only to building standards.

Any delay of enforcement granted pursuant to this Article shall apply only to building standards. Enforcement of other code violations including, but not limited to, nuisances and blight shall not be subject to delay.

(Ord. No. 13719, § 6, 12-20-2022)

Article XV. - Delay of Enforcement for Joint Live Work Quarters

The purpose of this Article is to allow for a delay of enforcement actions, for a period of no more than five (5) years, for joint live work quarters created or altered without the benefit of permits prior to January 1, 2020, if corrections of violations are not necessary to protect health and safety. This Article shall only apply to joint live work quarters that voluntarily apply for a delay of enforcement with the Planning and Building Department, This Article shall remain in effect only until January 1, 2030, and as of that date is repealed.

(Ord. No. 13719, § 7, 12-20-2022)

15.08.820 - Delay of enforcement for joint live work quarters.

A.

An owner of joint live work quarters created or altered prior to January 1, 2020, without the benefit of permits may submit an application requesting that enforcement be delayed for a period of five (5) years on the grounds that correction of violations is not necessary to protect health and safety.

B.

A delay of enforcement for joint live work quarters may be conditioned on compliance with use restrictions and other conditions, including compliance with Oakland Municipal Code Chapter 8.22, in the discretion of the Building Official. Any delay of enforcement for joint live work quarters may be revoked if conditions are not strictly complied with or if there is an unpermitted change in use or occupancy or if conditions become unsafe or unhealthy, as determined by the Building Official.

C.

A delay of enforcement means the City will not penalize the owner for being out of compliance with building standards during the delay period. The owner must use the delay period to bring the property into compliance. Noncompliant conditions still existing after the expiration of the delay of enforcement shall be deemed a public nuisance and shall be subject to immediate enforcement.

D.

Before a delay of enforcement will be granted, the following conditions must be complied with:

1.

A licensed electrician shall inspect the building and submit a formal written report to the building owner, tenants, and Building Department. If electrical corrections are required, an electrical permit must be obtained within thirty (30) days and a licensed electrician must complete the necessary system upgrades.

2.

A licensed civil or structural engineer shall inspect the building and submit a formal written report to the owner, tenants, and Department of Planning and Building certifying that the following minimum life safety requirements are met:

a.

All residential spaces must have at least one (1) exit complying with the requirements of the California Existing Building Code (CEBC).

b.

All assembly spaces exceeding seven hundred fifty (750) square feet must have at least two (2) exits complying with the requirements of the California Existing Building Code (CEBC).

c.

All residential spaces less or equal to one thousand five hundred (1,500) square feet and located above the first floor must have at least one (1) exit stair complying with the requirements of the California Existing Building Code (CEBC). Assembly spaces cannot be provided above the first floor.

d.

All residential spaces greater than one thousand five hundred (1,500) square feet and located above the first floor must have at least two (2) exit stairs complying with the requirements of the California Existing Building Code (CEBC). Assembly spaces cannot be provided above the first floor.

e.

All residential occupancies over five thousand (5,000) square feet and assembly occupancies over seven hundred fifty (750) square feet shall have panic hardware provided on all exit doors meeting the minimum requirements of the California Building Code (CBC).

f.

Existing stairways must have a maximum rise-to-run ratio of 8:9 as allowed by Section 503.1, Exception 1, of the CEBC.

g.

For residential sleeping lofts that do not have a compliant stairway, and which are under three hundred (300) square feet, a ship's ladder or alternating tread device complying with the CBC may be installed.

h.

All residential and assembly areas must have smoke detectors located as required by the CBC and California Fire Code (CFC). Such detectors shall be interconnected so as to cause all smoke alarms to sound.

i.

In addition to item h. above, smoke alarms shall be interconnected with a fire alarm system in accordance with National Fire Protection Association Fire Alarm and Signaling Code Document 72.

j.

All residential spaces must have properly installed code compliant carbon monoxide detectors.

k.

An inspection must be provided to ensure that no extension cords are used within the common use areas.

(Ord. No. 13719, § 7, 12-20-2022)

Prior to the granting of any delay of enforcement to any owner, said owner shall agree, in writing, to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage, or cost sustained by any person or property, arising from the delay of enforcement.

(Ord. No. 13719, § 7, 12-20-2022)

If the joint live work quarters are eligible for a delay of enforcement, the Building Official shall execute a notice stating that a delay of enforcement has been approved; setting forth the time period of the delay; requiring the owner(s) to inform all occupants, in writing, of the existing violations and the delay of enforcement. The notice shall be recorded with the County of Alameda Recorder's office.

(Ord. No. 13719, § 7, 12-20-2022)

A delay of enforcement shall not absolve the owner(s) of their obligation to comply with maintenance and habitability standards owed to any tenant of a live work unit. Nor shall a delay of enforcement impair the rights of any tenant to seek or obtain relief under any State or local law created for the benefit of tenants, or to enforce any contract.

(Ord. No. 13719, § 7, 12-20-2022)

To provide, or offer to provide, joint live work quarters or any part thereof for short term rental for a period of less than thirty (30) days is a public nuisance.

(Ord. No. 13719, § 7, 12-20-2022)

15.08.870 - Delay of enforcement applies only to building standards.

Any delay of enforcement granted pursuant to this Article shall apply only to building standards. Enforcement of other code violations, including, but not limited to, nuisances and blight, shall not be subject to delay.

(Ord. No. 13719, § 7, 12-20-2022)

Chapter 15.10 - PUBLIC NOTICE OF CITY OF OAKLAND'S INTENT TO CONSTRUCT OR INSTALL NEW PUBLIC SAFETY-RELATED TELECOMMUNICATIONS FACILITIES ON CITY-OWNED PROPERTY