Chapter 15.16 — FIRE-DAMAGED AREA PROTECTION AND IMPROVEMENT REGULATIONS

The purpose of this Chapter is to promote and protect the health, safety, and welfare of the citizens of Oakland by establishing private cleanup, debris removal, foundation removal, and erosion control requirements in the Fire-Damaged Area, resulting from the fire of October 20, 1991, as well as to provide for an enforcement mechanism to ensure compliance with these requirements and achieve the purpose of this Chapter.

(Prior code § 19-1.01)

This chapter is applicable to all properties in the Fire-Damaged Area (as that area is defined in Section 15.16.030), and shall remain in effect until such time as the City Council of the city of Oakland shall repeal or modify this Chapter.

(Prior code § 19-1.02)

As used in this Chapter, the following words shall be defined as provided in this Section. Those words not specifically defined in this Section shall be given their ordinary meaning.

"Contractor" shall be defined as that term is defined in California Business and Professions Code Section 7026.4.

"Debris" means and includes burned or partially burned building materials, ash, appliances, broken concrete, loose bricks, glass, metal, and downed trees. Debris does not include building foundations or retaining walls.

"Driveway bridge" means that portion of vehicular access to private properties, located on downhill parcels of land, that spans the area between the edge of travelled roadway, back of sidewalk or top of a downhill slope.

"Erosion control plan" means a plan which has been prepared by a California registered Civil Engineer, Geotechnical Engineer, or licensed landscape architect, and subject to approval by the Building Official.

"Fire-Damaged Area" means all of that area situated: BEGINNING at the intersection of Claremont Avenue and the westerly line of the University of California, Berkeley campus; thence southerly along said westerly property line of the University of California campus to Grizzly Peak Boulevard; thence southeasterly on Grizzly Peak Boulevard to the most westerly line of the Robert Sibley Volcanic Regional Preserve; thence due south to Skyline Boulevard; thence westerly on Skyline Boulevard to Broadway Terrace; thence southwest on Broadway Terrace to Farallon Way; thence southwest on Farallon Way and the extension of Farallon Way to Pinehaven Road; thence westerly on Pinehaven Road to Broadway Terrace; thence southerly on Broadway Terrace to Uranus Avenue; thence east on Uranus Avenue to Sherwood Drive; thence south on Sherwood Drive to Taurus Avenue; thence west on Taurus Avenue approximately 650 feet

to a path connecting Taurus Avenue and Capricorn Avenue; thence south along said path to Capricorn Avenue; thence south on Capricorn Avenue to Florence Terrace; thence north and west on Florence Terrace and an extension of Florence Terrace across Highway 13 to Estates Drive; thence west on Estates Drive to Masonic Avenue; thence south on Masonic Avenue to Amy Drive; thence southwest on Amy Drive to Harbord Drive; thence southwest on Harbord Drive to Maxwelton Road; thence southwest on Maxwelton Road to the Oakland-Piedmont border; thence northwest along said Oakland-Piedmont border to Clarewood Drive; thence northwest on Clarewood Drive to Broadway Terrace; thence west on Broadway Terrace to Margarido Drive; thence north and east on Margarido Drive to Rock Ridge Boulevard South; thence west on Rock Ridge Boulevard South to Rock Ridge Boulevard; thence west on Rock Ridge Boulevard to Broadway; thence north on Broadway to Golden Gate Avenue; thence north on Golden Gate Avenue to Chabot Road; thence along the extension of Golden Gate Avenue to Oakland-Berkeley border; thence along said Oakland-Berkeley border to the intersection of said Oakland-Berkeley border with Claremont Avenue; thence northeast on Claremont Avenue to the point of BEGINNING.

"Foundation" means that part of a building which bears on or into soil for any house, garage, tool shed, retaining wall, or other accessory structure. "Foundation" shall also include on-grade concrete and landscape elements and other above grade and below grade structures.

(Prior code § 19-1.03)

A.

Any foundation, as defined in Section 15.16.030, located on property in the Fire-Damaged Area shall be removed by October 15, 1995. The foundation removal requirement shall not apply to the following:

A foundation located on property for which a building permit or certificate of occupancy has been issued or for which a building permit application has been filed with the Building Official;

A foundation, or portion thereof, that has been certified by an engineer to be reusable for building purposes;

A foundation, or portion thereof, that, as determined by the Building Official, is a clear necessity for slope stability.

This section shall not preempt, supersede or excuse compliance with any other standard or regulation applicable to the maintenance and/or removal of building foundations, including, but not limited to, Section 15.32.070 ("Dangerous buildings—Notice to remove"), Chapter 8.24 ("Property Blight"), or Article III of Chapter 15.08 (the Oakland Housing Code).

B.

Any property owner, contractor, or other individual ("permittee") who wishes to perform foundation removal work in the Fire-Damaged Area must obtain the necessary permit from the Building Official. Private contractors with valid workers' compensation and Oakland business tax certificates and proof of owner permission to do foundation removal work may also take out the permit on behalf of the owner. All permittees must comply with all permit requirements of the Building Official. Permit requirements shall be those which are set by the Building Official and shall be consistent with policies and procedures of this Chapter and other codes and regulations of the city. Permits must remain at the jobsite and be presented upon demand to any Oakland police officer or to the Building Official who requests to see said permit.

(Prior code § 19-1.04)

A.

The following list shall be the cleanup, debris removal, and foundation removal standards for the Fire- Damaged Area. Every homeowner, contractor, or individual engaged in any cleanup, debris removal, or foundation removal work in the Fire-Damaged Area must comply with these requirements:

Meet all regulatory requirements, including but not limited to:

a.

California Occupational Health and Safety Administration (Cal-OSHA) and all Federal OSHA regulations,

b.

State and Federal Environmental Protection Agency (Cal-EPA and EPA) requirements and regulations regarding waste materials handling, and

c.

Federal Resource Conservation and Recovery Act (RCRA) requirements and regulations regarding disposal of hazardous waste;

Remove all debris and ash including broken concrete, loose bricks and broken glass;

Demolish and remove chimneys and unrepairable structures to grade;

Demolish and remove all above-grade building stairways to foundation height;

During debris removal and cleanup, all materials must be sprayed with water and kept wet to reduce airborne dust and contaminants;

Rake clean all dirt areas and sweep improved surfaces;

Remove all debris from site and transport it to a legal disposal site willing to accept the debris. Provide satisfactory evidence/receipt to the city that the debris was properly disposed;

Maintain existing retaining walls on the property in a safe condition until removal, if applicable;

Where driveway bridges have been demolished and/or destroyed as a result of fire damage a barrier shall be installed at the edge of travelled roadway (on unimproved streets), at the property line or back edge of sidewalk (on improved streets) to prevent vehicles from driving over the exposed embankment. The barrier shall be constructed of wood, treated to withstand deterioration, measuring eight inches by eight inches in width and shall span the entire width of driveway approach. The barrier shall be securely fastened/secured to the street pavement/concrete sidewalk surface with one-half inch steel bolts or rods embedded into the ground a minimum of twelve (12) inches and four feet on center. Barriers must be painted white;

Protect public facilities and adjacent properties from harm;

If debris box is ordered for the debris removal, it must be placed on private property or off the public street travel way;

Contact USA Underground Alert to mark all utilities. Property owners should not interfere with such utilities;

After cleanup, covering of the disturbed areas using erosion control blankets or jute netting is required by the city. Other erosion control protection measures are the responsibility of the property owner;

Any city, California Conservation Corps, or private installed erosion control measures disturbed by the cleanup must be replaced in kind within twenty-four hours of their removal or disruption;

Prevent disturbance or destruction of remaining wildlife resources;

Protect existing survey monuments and property corners;

Comply with all other regulations or laws of local, state and federal agencies;

Dust masks must be worn at all times by anyone engaged in debris cleanup or removal or foundation removal.

B.

Property owners and/or contractors who perform debris removal and cleanup and/or foundation removal work shall adhere to the following standards, in addition to those contained in subsection A of this Section:

Failure of the owner or private contractor to abide by these standards may result in a citation, fine or stop work order.

No vehicles or equipment will be allowed to block streets at any time. Street closures will not be permitted unless approved forty-eight (48) hours in advance.

Traffic control shall be maintained in accordance with the Work Area Traffic Control Handbook, 1991 edition.

Only city-approved traffic routes may be used. All traffic should be routed to avoid occupied residential areas. A copy of the city-approved traffic plan is available at the Community Restoration Development Center ("CRDC") (or the Office of Planning and Building after closure of the CRDC).

It is recommended that all trucks hauling debris or heavy equipment have a current Commercial Vehicle Safety Alliance (CVSA) sticker displayed on the windshield.

It is required that all vehicles, including trucks hauling debris and equipment, be identified with the contractor's name and telephone number.

All vehicles within the project limits shall be parked in such a manner as to not obstruct the passage of any traffic, including semi-truck and trailer traffic.

All vehicles used for debris removal or foundation removal must be covered and appropriate dust prevention measures taken prior to the vehicle leaving the work site.

Contractors must abide by all federal, state and/or local regulations including personal asbestos monitoring. Data collected from this effort must be made available to other contractors and the city of Oakland. Monitoring sample analyses must be submitted to the CRDC on a daily basis while work is ongoing.

C.

Any offsite sidewalks, curbs, driveways, street pavement, electroliers, vehicle traffic signs, or other public improvements damaged by a permittee's debris cleanup and/or removal or foundation removal work must be repaired and/or replaced by the permittee.

D.

Within five days of beginning any foundation removal work, approved erosion control devices must be installed and maintained until permanent improvements are installed.

(Prior code § 19-1.05)

A.

The hours of construction activity in the fire-damaged area of the Oakland hills shall be the hours of eight a.m. to nine p.m. on Saturdays, nine a.m. to six p.m. Sundays and Holidays, and the hours of seven a.m. to nine p.m. on weekdays. Any provision to the contrary contained in any ordinance, code, regulation, including Section 8.18.020, of the Municipal Code is suspended during the effective period of the ordinance codified in this Chapter.

B.

Violation of this Section shall be enforced in the same manner as provided by Section 8.18.010 of the Municipal Code.

(Ord. 12035 §§ 1, 3, 1998)

Any contractor, property owner, or other individual, firm, or corporation who commits any of the following offenses at any time during the cleanup and rebuilding operation in the Fire-Damaged Area shall be guilty of any infraction, punishable as provided for in Section 1.28.020 of this code. However, this shall not be the sole and exclusive remedy and the city reserves the right to seek all legal and equitable relief as may be deemed appropriate.

A.

Removes or causes to be removed any building foundation in the Fire-Damaged Area without the required permit;

B.

Fails to remove a foundation by October 15, 1995, unless otherwise exempt from the foundation removal requirement;

C.

Fails to install approved erosion control devices within five days of completion of debris removal in the Fire- Damaged Area;

D.

Fails to install approved erosion control devices within five days after beginning any foundation removal operation in the Fire-Damaged Area;

E.

Failure to replace in kind erosion control devices installed by the city, the California Conservation Corps, or private property owners, which are damaged or removed by a permittee's debris removal or foundation removal work, within twenty-four (24) hours after their damage or removal;

F.

Failure to provide proof of proper disposal of debris or materials removed from the Fire-Damaged Area;

G.

Forgery of any permit, any debris disposal receipt, or any other city documents;

H.

Failure to keep at jobsite and/or failure to produce on demand any required permit when requested by an officer of the Oakland Police Department or by the Building Official;

I.

Failure to repair or replace, to city standards, any damaged sidewalks, curbs, driveways, street pavement, electroliers, vehicular traffic signs, or other public improvements, which are damaged by debris cleanup or foundation removal operations;

J.

Failure to spray water on or otherwise keep wet disturbed materials during any debris cleanup or foundation removal work;

K.

Failure to wear or to provide dust masks to anyone involved in debris cleanup or foundation removal while engaged in such work;

L.

Failure to adhere to any permit requirements for final approval;

M.

Failure to install any driveway barrier;

N.

Failure to comply with the Oakland Planning Code, including but not limited to conducting of a commercial business in a residential zone.

(Prior code § 19-1.06)

At the time of the issuance of a warning notice or citation for any violation in Section 15.16.060, or when the Building Official deems it necessary to protect the public health, safety, or welfare, the Building Official may also issue an order to stop work. The stop work order shall list the nature of the violation necessitating the order's issuance and what corrective steps are necessary, as well as the time required to take such corrective steps. Anyone who violates that stop work order shall be guilty of a misdemeanor.

(Prior code § 19-1.07)

Any property owner and/or agent or contractor of any property owner who has undertaken their own cleanup and debris removal and/or foundation removal operation may contest the order to stop work and secure the property or any alteration or change of any erosion control measures, by contacting the Building Official and requesting an office hearing. Notice of an intent to contest an order of the Building Official must be made within seven days of the issuance of any of these orders. Failure to contest will waive any rights the property owner and/or agent or contractor of any property owner may have.

(Prior code § 19-1.08)

When conflicts arise between the contents of this Chapter and any other provisions of the Oakland Municipal Code, the most stringent requirements of the code shall prevail.

(Prior code § 19-1.09)

If any part or provision of this Chapter or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Chapter are severable and are intended to have independent validity.

(Prior code § 19-1.10)

The Building Official is authorized to establish administrative guidelines for the implementation of the requirements and standards set forth in this Chapter.

(Prior code § 19-1.11)