Article III — Fees and Inspections

No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless separate permits for each building or structure have first been obtained from the Building Official in the manner and according to the applicable conditions prescribed in the Oakland Building Construction Code and the Oakland Planning Code.

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

A.

Abatement of Violations. The fees and costs incurred and the penalties assessed and the interest accrued in obtaining Real Property Ownership Reports, and in repairing, cleaning, remediating, removing, or demolishing a building, structure, or real property, including costs incurred in relocating occupants of the building and in securing a building, structure, or real property from unauthorized access, and in ascertaining violations or affecting abatement thereof and in collecting such fees, costs, penalties, and accruing interest shall be charged against the property and owners.

Such fees, costs, penalties, and accruing interest shall be as established in the Master Fee Schedule of the City of Oakland and may be recovered by all appropriate legal means, including but not limited to nuisance abatement lien, prospective lien and special assessment of the general tax levy, priority lien and special assessment of the general tax levy, or civil and small claims court action brought by the City of Oakland, and combinations of such actions.

The City may recover from the property owner all costs incurred for processing and recording of such liens and special assessments authorized by this Code and for providing notice to the property owner as part of its foreclosure action or for other actions to enforce such liens and special assessments and to recover costs incurred, including attorneys' fees.

B.

Demand for Payment. Prior to recordation of a nuisance abatement lien or a priority lien and special assessment of the general tax levy, the Building Official shall provide the property owner an itemized list of the fees, costs, penalties, and interest accruing to such lien, with a Demand for Payment thereof.

Such Demand shall indicate that failure to pay expeditiously will result in a collection action as set forth in this Code.

C.

Collection. Whenever such fees, costs, penalties, and accruing interest are not fully paid with seven (7) calendar days after service of such demand, then the City, either through the Building Official or other designated office, may undertake collection by one (1) or more of the following means:

Priority Lien. The City may file a certificate of priority lien and special assessment of the general tax levy with the Office of the Alameda County Clerk-Recorder for recordation on the property title which shall be a priority lien against the property described therein until such amounts with accruing interest have been paid in full. The amount of such lien shall draw interest thereon at a rate as established in the Master Fee Schedule or such higher rate as may be established by the Alameda County Tax Assessor and Tax Collector for collection of municipal and county taxes from and after the date of service of such demand. The statute of limitations shall not run against the right of City of Oakland to enforce payment.

Special Assessment of the General Tax Levy. The Building Official or the City may transmit such amounts with accrued interest to the Alameda County Tax Assessor and Tax Collector, who shall thereupon enter a Special Assessment of the General Tax Levy on the County Assessment Book opposite the description of the particular lot or parcel of land, and such Special Assessment shall be collected together with all other taxes levied against the property. Such Special Assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale, in the 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 hereby made applicable to such special assessment.

Nuisance Abatement Lien. The Building Official or the City may file a Nuisance Abatement Lien with the Alameda County Clerk-Recorder for recordation on the property title which shall, from the date of recordation, have the force, effect, and priority of a Judgment Lien. Such Nuisance Abatement Lien may be foreclosed by an action brought by the City of Oakland for a money judgment.

D.

Service.

Demand for Payment. The initial Demand shall be served to the record owner of the property by one or more of the following methods of service:

a.

Mailing with regular postage to the 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

b.

Personal delivery with acknowledged receipt; or

c.

Public notification, including but not limited to the following:

i.

Publication in a newspaper of general circulation; or

ii.

Conspicuous posting on or within the vicinity of the property.

Nuisance Abatement Lien. The notice of a Nuisance Abatement Lien shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Whenever the record owner cannot be found after diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for not less than ten (10) calendar days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.

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

E.

Notice Content.

Priority Lien. Such liens authorized by this Code shall specify the amount of the lien, identify the agency of the City on whose behalf the lien is imposed, identify the street address (where assigned by the City) and

parcel number assigned by the Alameda County Tax Assessor of the property on which the assessment is imposed, and the name and address of the record owner of the property.

Nuisance Abatement Lien. Such lien authorized by this Code shall specify the amount of the lien, identify the agency of the City on whose behalf the lien is imposed, the date of the abatement order, the street address (where assigned by the City), the legal description of the property and the parcel number assigned by the Alameda County Tax Assessor on which the lien is imposed, and the name and address of the record owner of the property

F.

Lien Release. In the event that a priority lien or a nuisance abatement lien is discharged or satisfied, either through payment in full or foreclosure, a notice of such action shall be filed with the Alameda County Clerk- Recorder for recordation on the property title.

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

Buildings, structures, portions thereof, and real property within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Code and the Oakland Building Construction Code and the Oakland Planning Code, as currently adopted and amended.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

A.

General. It shall be unlawful to occupy or otherwise use or let to another for occupancy or other use any building or structure or portion thereof for which a certificate of occupancy has not been issued where such certificate is required by the Oakland Building Construction Code, or in the case of vehicular residential facilities, a zoning permit authorizing such occupancy.

A certificate of occupancy shall limit the use and occupancy of a building or structure and shall continue as valid until such certificate is revoked or expires, or until such time as a change in the occupancy or use of the building or structure or a Substandard condition as defined in Article X of this Code shall occur, or until the building or structure is demolished.

A certificate of occupancy shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions or requirement of any laws or ordinances of the City of Oakland nor shall such issuance thereafter prevent requiring corrections of errors or of violations of any applicable law or ordinance of the City of Oakland.

B.

Issuance. The record owner of a property or the owner's designated agent may request the re-issuance of a certificate of occupancy. At the time of filing of such request, a fee shall be paid as established in the Master Fee Schedule. New permit(s) may be required to address deteriorated conditions, expired permitted and/or undocumented construction prior to re-issuance of a certificate of occupancy.

The re-issuance of a certificate of occupancy or the renewal of a revoked or expired certificate of occupancy shall be approved by the Building Official only after all of the following have been completed:

Application by the record owner of the property or the owner's designated agent for a report of permit record; and

Application by the record owner of the property or the owner's designated agent for a certificate of occupancy; and

Application for and issuance of all approvals, valid house numbers and street names, and permits required by the Oakland Building Construction Code and the Oakland Planning Code and Oakland Municipal Code; and

Execution by the record owner of the property or the owner's designated agent and a prospective purchaser of the property of a conditions of compliance agreement, as applicable; and

Approval of permit final inspections; and

Approval of certificate of occupancy final inspections; and

Payment of all associated fees, assessments, securities and deposits, penalties, and accrued interest.

A temporary certificate of occupancy may be issued for re-occupation or re-use of a building, structure, portion thereof, or real property prior to the completion of the rehabilitation of the building or structure or repair of the real property if the Building Official finds that no substantial hazard will result from the re- occupation or re-use, but such temporary certificate shall expire at the conclusion of the time limitation set forth therein and thereafter shall be no longer valid.

C.

Revocation. An existing or temporary certificate of occupancy, or zoning permit authorizing occupancy of a vehicular residential facility, may be revoked for one (1) or more of the following causes and thereafter no longer be valid:

Any occupancy or use not specifically authorized by or any violation of or failure to comply with a condition of the issuance of an existing or temporary the certificate of occupancy; or

Continued existence of substandard and public nuisance conditions as defined in Article X of this Code; or

Discovery of any false statement or misrepresentation made by the applicant; or

Any condition which jeopardizes the health or safety of the occupants or the public.

Any building or structure for which a certificate of occupancy or temporary certificate of occupancy has expired or has been revoked may be ordered vacated in accordance with Article XI of this Code.

(Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

The record owner of a property or the owner's designated agent may request a determination, insofar as ascertainable from available City building and planning permit records, for an existing building or structure of its approved occupancy or use, the number of approved dwelling units, the number and designations of approved habitable rooms or spaces, and the valid house number or numbers and street name. At the time of filing of such request, a fee shall be paid as established in the Master Fee Schedule.

Additional relevant information may also be requested pertaining to the date and type of original construction; previously approved occupancy or use; the number of approved parking spaces and accessory buildings on the lot or parcel; previous permit applications and associated approvals, variances, and final inspections; previous Certificates of Occupancy; and retained plot plans, construction plans, and engineering and inspection reports.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)