Chapter 8.26 — SCRAP YARD ABATEMENT PROCEDURES

The purpose of this Chapter is to provide for abatement of illegal scrap yards and recyclable materials held illegally in open storage when same are within five hundred (500) feet of residential uses.

(Prior code § 3-18.01)

Illegal scrap operations within five hundred (500) feet of residential uses and the open storage of recyclable materials on residentially zoned property or property used for residential purposes are declared to be public nuisances and may be abated as provided in this Chapter. The procedure provided herein shall be in

addition to any other applicable penalty or remedy, civil or penal, available to the city or any affected party under any provision of state or municipal law.

(Prior code § 3-18.02)

For the purpose of this Chapter the following words and phrases shall mean and include:

"Illegal or illegally" means declared a public nuisance by this Chapter, or otherwise in violation of this code or any other state or municipal law, or any regulation or condition of entitlement adopted pursuant thereto.

"Open storage" means storage on private property other than in a completely enclosed building. Materials shall be deemed to be held in "open storage" even though screened from public view, or view of residents of adjacent property, by a fence.

"Recyclable material" means any material, goods, vehicles, machinery, appliance, product or article, new or used (although typically used) that has monetary value and is being held for salvage, scrap or re-use, with or without additional processing.

"Scrap operations" means and includes, but is not limited to, Scrap Operation Commercial Activity as defined in Section 17.10.530 of the Oakland Planning Code.

(Prior code § 3-18.03)

The Housing Division Official may file with the City Manager a written complaint setting forth facts showing that a public nuisance, as described in this Chapter, exists upon any premises in the city. Upon receipt of such complaint the city shall present the same to the City Council, and the City Council shall forthwith by resolution fix a time and place for a public hearing on such complaint.

The Housing Division Official shall cause a copy of such resolution and complaint to be served upon the person in possession of such premises, and upon the owner thereof, not less than ten days prior to the time fixed for such hearing. Such service may be by delivery of a copy of such resolution and complaint to the owner and person ostensibly in charge of the operation in question on the said premises personally or by enclosing the same in a sealed envelope, postage prepaid, addressed to the said person in charge of such premises, and to the owner at his or her last known address as the same appears on the last equalized assessment rolls, and depositing the same in the United States mail.

(Prior code § 3-18.04)

Upon the date and at the place and hour fixed for the hearing on such complaint, the Council of the city shall hear such evidence as may be presented by any interested party, continued from time to time by the City Council. Upon the completion of such hearing the City Council shall find and determine whether there is a public nuisance as described in this Chapter on the premises in question and whether the owner of the real property caused same to exist, or permitted, allowed, countenanced or acquiesced in same. The City

Council shall thereupon either dismiss the complaint, or shall direct that such public nuisance be abated. The Housing Division Official shall forthwith give written notice, in the manner provided in Section 8.26.040, to the owner or person in charge of said premises to abate such condition forthwith. If such abatement is not commenced within twenty (20) days thereafter, and diligently prosecuted to completion, the Housing Division Official shall cause the same to be abated.

The Council shall order to be paid, and the Director of Finance shall pay, all sums which may be necessarily expended by the Housing Division Official in abating such conditions.

The Housing Division Official may employ any means he or she sees fit to abate such condition, including, but not limited to, sale to a salvage or scrap dealer.

(Prior code § 3-18.05)

The Housing Division Official and any person directed or engaged by him or her to abate a nuisance, as provided in this Chapter, may enter upon private property to abate same. If it reasonably appears to the Housing Division Official that a breach of the peace might result from the entry thereon, he or she may initiate proceedings in a court of law to effectuate such entry and the costs of such court proceedings shall be included in the cost of abatement.

(Prior code § 3-18.06)

The Housing Division Official shall keep an account of the cost of abatement and shall submit to the City Council for confirmation an itemized written report showing such cost, including the proceeds, if any, of the salvage. The Council shall thereupon schedule a hearing for considering and confirming said report.

(Prior code § 3-18.07)

Five days prior to the hearing on confirmation of the report, a copy thereof shall be sent to the owner of the premises involved and the person in possession thereof, as provided for in, and in the same manner as,

At the time fixed for considering the report, the City Council shall hear it with any objections of the property owners or other persons liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The legislative body shall then confirm the report by motion or resolution.

(Prior code § 3-18.09)

The expense incurred by the Housing Division Official or any department of the city in the abatement of any such condition, including any charges inspired by the master fee schedule, shall be assessed against the real property upon which the same was located and shall, in addition, be a personal obligation of the person, firm or corporation responsible for the creation or maintenance of such public nuisance. The Housing Division Official shall give the owner and person in charge of such premises a written notice in the manner provided in Section 8.26.040 showing the itemized cost of such abatement, and requesting payment thereof. If the amount of such expense as shown in such statement is not paid to the Housing Division official within five days after such notice, the Housing Division Official shall record in the Office of the County Recorder of the county of Alameda, state of California, a certificate substantially in the following form:

Notice of Lien

Pursuant to authority vested in me by Resolution No. _____ C.M.S. of the Council of the City of Oakland, passed on the ___ day of _____, 19, and the provisions of Chapter 8.26 of the Oakland Municipal Code, I did, on the ___ day of , 19, cause a public nuisance located upon the hereinafter described real property to be abated at the expense of the owner thereof, in the amount of $, and that said amount has not been paid, nor any part thereof, and the City of Oakland does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the rate of 6% per annum from the date of the recordation of this lien in the Office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to-wit:

(Insert description of property)

Dated this ___ day of _____, 19.

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Housing Division Official

City of Oakland

And the same shall be a lien against the property described therein until the amount thereof, plus accrued interest, has been paid in full.

(Prior code § 3-18.10)

The amount of such lien shall draw interest at the rate of six percent (6%) per annum from the date of the recordation of such lien in the Office of the County Recorder, and the statute of limitations shall not run against the right of the city to enforce the payment of such lien.

(Prior code § 3-18.11)

The owner of the premises or person entitled to the materials or other property may remove same and thereby abate the nuisance at any time prior to the expiration of the twenty (20) days following City Council resolution as provided for in Section 8.26.050. Unless such materials or other property are so removed no person may thereafter claim the return of the property, but shall be entitled to any net proceeds, if any, of the sale thereof after the city has deducted all of its costs in abating such nuisance.

(Prior code § 3-18.12)

The cost of abatement may not be assessed on the real property in question as a lien unless the City Council finds that the owner of said property caused the public nuisance to exist, or permitted, allowed, countenanced or acquiesced in the creation or maintenance of same.

(Prior code § 3-18.13)

As an alternative method of collection of the amount of the lien, the Housing Division Official of the city may transmit the notice of lien to the County Auditor, who shall thereupon enter the amount thereof on the County Assessment Book opposite the description of the particular lot or parcel of land, and the amount shall be collected, together with all other taxes levied against the property. The assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale, in case of delinquency, as provided for all other municipal and county taxes against the property; and all laws applicable to the levy, collection and enforcement of general property taxes are made applicable to such special assessment.

(Prior code § 3-18.14)