Article II — Administrative

The following words and phrases, wherever used in this Chapter, shall be construed as defined in this Section unless otherwise required by the context. The singular shall be taken to mean the plural and the plural shall mean the singular when required by the context of this Chapter. The following definitions will not necessarily apply to other portions of this Chapter:

"Building Official" means the Building Official of the City, as identified in the Oakland Building Construction Code, or his or her designee, and successors in title.

"Certified inspector" means an individual possessing a valid certification issued by an approved national organization to perform building or home inspections.

"City" means the City of Oakland, a municipal corporation.

"City Administrator" means the City Administrator of the City of Oakland or his or her designee, and successors in title.

"Critical structural deficiency" means a structural weakness in the first story of the lateral force resisting system of a residential building which has open-front wall lines in the ground-floor that could initiate catastrophic collapse due to seismically induced loading.

"Ground-floor" means the first story of a building as defined in the Oakland Building Construction Code.

"Group A," "Group B," "Group M," "Group R," "Group S," and "Group U" means occupancy classifications as defined and used in the Oakland Building Construction Code.

"Level 1 screening" means an approved non-engineered analysis that is prepared under the responsible charge of a registered design professional or by a licensed contractor or a certified inspector to identify residential buildings which may have critical structural deficiencies.

"Level 2 evaluation" means an approved engineering analysis that is prepared under the responsible charge of a registered design professional to identify critical structural deficiencies in a residential building.

"Licensed contractor" means an individual possessing a valid license issued by the State of California to construct residential buildings.

"Oakland Building Construction Code" means the most current edition of the California Building Code with amendments adopted by the City, as set forth in Chapter 15.04, and successors in title.

"Owner" means any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.

"Registered design professional" means an architect or engineer possessing a valid license issued by the State of California to perform civil or structural related design, material classification and analysis, and structural observation.

"Residential building" means a building which conforms to the occupancy limitations and density minimums set forth in Subsection 15.26.040 B.

(Ord. No. 12966, § 2, 7-28-2009)

A.

The Building Official and his or her designees are hereby authorized and directed to enforce all of the provisions of this Chapter.

B.

The Building Official may adopt administrative rules and regulations as required to implement this Chapter.

(Ord. No. 12966, § 2, 7-28-2009)

A.

When it is necessary to make an inspection to enforce the provisions of this Chapter, the Building Official or his or her designee may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Chapter, provided that if such building or structure or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be secured against entry, the Building Official shall first make a reasonable effort to locate the record owner of the property or other adult person having lawful charge or control of the building or structure or premises and request entry. If such entry is refused, the Building Official shall have resource to the remedies provided by law to secure entry.

B.

No person authorized by this Chapter to enter buildings shall enter an occupied unit or space or other non- public area without the consent and presence of the owner or the owner's designated agent or the lawful and adult occupant of the unit or space or other non-public area or without a proper written order executed and issued by a court having jurisdiction to issue the order.

(Ord. No. 12966, § 2, 7-28-2009)

The fees and costs incurred and the penalties assessed and the interest accrued in the processing and enforcement of the provisions of this Chapter shall be as established in the master fee schedule of the City and shall be a charge against the property and the owner and may be recovered by all appropriate legal means as set forth in Section 15.08.130.

(Ord. No. 12966, § 2, 7-28-2009)

A.

The City shall be authorized to exercise any other remedy at law or equity for enforcement of this Chapter. Procedures and actions under this Chapter may be utilized in conjunction with, or in addition to, any other procedure applicable to the regulation of buildings, structures, or property, including, but not limited to, injunctive or other judicial relief, and the impositions of penalties pursuant to the provisions of Chapter 1.12.

B.

Violations of this Chapter shall be subject to the provisions of Chapter 1.28.

(Ord. No. 12966, § 2, 7-28-2009)

A.

The owner may appeal a decision or determination by the Building Official or his or her designee made relative to the applications of Article III of this Chapter by filing a written request which shall contain the following information:

A brief statement in ordinary and concise language of that specific action protested, together with any material facts claimed to support the contentions of the appellant.

A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action was a result of error or abuse of discretion and therefore should be reversed, modified, or otherwise set aside.

Such written appeal together with fees as may be established in the master fee schedule shall be received by the Building Official within 21 calendar days from the date of the service, as set forth in Section

Failure by the record owner to file such written

appeal along with full payment of fees within the period of time prescribed herein shall constitute a waiver by the owner of an administrative adjudication of such action or to any portion thereof.

B.

The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petitions filed seeking judicial review of administrative actions made by the Building Official or his or her designee.

(Ord. No. 12966, § 2, 7-28-2009)

The initial notice shall be served to the owner by one or more of the following methods of service:

A.

Personal delivery with acknowledged receipt; or

B.

Mailing with certified postage to the record owner's address as it appears on the last equalized assessment roll of the Alameda County Tax Assessor or as otherwise may be known to the Building Official; or

C.

Constructive public notification, including but not limited to the following:

Publication in a newspaper of general circulation; or

Conspicuous posting on or in the vicinity of the property.

Failure to serve any person required by this Code to be served or failure of said person to receive said notification 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 this Code.

(Ord. No. 12966, § 2, 7-28-2009)