Chapter 15.36 — DEMOLITION PERMITS

For purposes of this Chapter, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context that a different meaning is intended.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure or building covered by this Chapter. As used herein, the word "demolition" shall include any partial demolition and any interior demolition affecting more than ten percent of the replacement value of the structure as determined by the Building Official.

"Discretionary demolition permit" means a demolition permit for a building or structure where either the demolition project or the replacement project requires one or more discretionary zoning acts by the City.

"Facility" means structure or any part thereof.

"Ministerial demolition permit" means a demolition permit issued for unsafe structures, structures on a site where the demolition project or replacement project does not require any discretionary zoning permits, or where the owner intends to create a vacant lot pursuant to Section 15.36.080.

"Redevelopment Agency-sponsored project" means projects approved by the Agency for sites within redevelopment project areas.

"Redevelopment project areas" shall have the same definition herein as it is given by the Community Redevelopment Law.

"Residential structures" means and includes apartment buildings, single-family dwellings, cooperatives, condominiums, and hotels and motels which contain dwelling units, as said latter term is defined by the zoning regulations. This term shall not be applied to structures where no more than one dwelling unit exits in a building primarily devoted to a nonresidential use.

"Structure" means and includes anything that would require a building permit to construct, excluding, however, structures built or that could be built pursuant to a temporary building permit.

"Unsafe structures" means structures found by the Building Official or the City Council, to require immediate issuance of a demolition permit to protect the public health and safety.

(Ord. No. 13028, § 2(Exh. A), 7-20-2010; Prior code § 6-9.01)

It is unlawful to demolish or cause to be demolished any structure without first having obtained a demolition permit pursuant to the provisions of this Chapter.

(Prior code § 6-9.02)

Prior to the issuance of a permit to demolish a building or structure, as required in this Chapter, the owner, or his or her agent, if the owner does not hold a valid license from the Contractor's State License Board to demolish buildings or structures, shall file with the Building Official a surety company bond, or other satisfactory bond, executed by the owner of the property upon which the building or structure is to be demolished, as principal, and conditioned as follows: that all of the work to be performed, including, but not limited to, the demolition of building or structure, removal of debris, restoration of the premises, shall be pursuant to the conditions of the said permit and shall be fully performed and complied with within ninety (90) days from the issuance date of said permit. Such bond shall be in the principal amount of two thousand dollars ($2,000.00) and shall name the City of Oakland as obligee.

In lieu of such surety bond, the owner may post a bond executed by him or her as principal and secured by a deposit of a certified check or cashier's check, made payable to the City, in the amount of two thousand dollars ($2,000.00).

An extension of time of said completion may be granted by the Building Official when, in his or her discretion, circumstances shall so justify, but no such extension shall release any surety or principal.

Exemptions: When authorized by the Building Official, applicant's completion bond need not be filed for demolition of the following:

A.

Nonresidential, one-story buildings of Type V construction with an area not exceeding six hundred (600) square feet;

B.

Group M, Division 1, Occupancies of Type V construction;

C.

Small and Unimportant Structures.

It is unlawful to demolish a building or structure without the owner or his or her agent having first posted a bond pursuant to the terms of this Chapter.

(Prior code § 6-9.03)

No demolition permit shall be issued pursuant to this Chapter unless and until at least five notices of the filing of the application for demolition are posted for thirty (30) days within three hundred (300) feet of the exterior boundaries in either direction of the property to be demolished. This posting requirement shall not apply to unsafe structures or to small or unimportant structures. In cases of occupied multistoried buildings, at least two of the five notices, where possible, shall be posted in the lobby, hallway or similar common area of the building.

Individuals or organizations desiring written notice, after paying the fee set forth in the City master fee schedule, may have their names and addresses placed on the Building Official's notice list. Thereafter, and at the time of providing notice by posting, the Building Official shall mail written notice of each application for demolition to each person and organization whose name appears on the Building Official's notice list. The master fee schedule notice fee shall be payable annually and, once paid, shall be valid for one calendar year. In addition, each individual and organization shall be responsible for annually updating the Building Official's notice list with his, her, or its name and address.

At the end of the thirty (30) day posting period, the Building Official shall be authorized to issue to the demolition permit applicant a ready-to-issue notice. Said notice shall indicate that the demolition permit is ready for issuance and shall be issued once all other required discretionary permits have been obtained. The ready-to-issue notice shall be effective for eighteen (18) calendar months. Extensions of up to six months of this eighteen (18) month period may be granted by the Building Official for delays related to other permits. No ready-to-issue notice shall be effective for more than two years. If the demolition permit is not issued within eighteen (18) months, or any extension thereof, the date of the ready-to-issue notice, the demolition permit application shall be void. A reapplication and new fees shall be required, thereafter, for the proposed demolition.

(Prior code § 6-9.04)

Demolition permit fees shall be paid to the Building Official. Such fees, from time to time, shall be established and set forth in the master fee schedule.

(Prior code § 6-9.05)

Unless otherwise stated herein, a civil penalty of one thousand dollars ($1,000.00) for each violation of this Chapter shall be assessed against the owner of any property upon which an illegal demolition, or partial demolition, has occurred. In the case of residential structures, the owner of such properties, in addition to being assessed any other penalties hereunder, shall be assessed five thousand dollars ($5,000.00) per living unit, as such is defined by the zoning regulations, for each living unit that is demolished or partially demolished without the appropriate permit.

Upon determining that a violation has occurred hereunder and that a penalty should be assessed, the Building Official shall give notice to the owner of the affected property.

If said penalty is not paid within thirty (30) days from the date of such notice, the Building Official, as soon as practicable thereafter, shall submit a report to the City Council for confirmation. Said report shall include a list of the subject violations, the name of the property owner and the proposed assessment for each violation. After receipt of the report, the Council shall fix a time, date and place for hearing the report and any protests or objections thereto.

The City Council shall cause written notice of the hearing to be mailed to the owner of the property to which the assessment(s) apply not less than ten days prior to the date of the hearing. The said written notice shall be mailed to each person to whom such property is assessed in the most recent property ownership records provided to the city by the County Assessor on the date the Council causes notice to be mailed.

Upon confirmation of the report of penalty assessment(s) by the City Council, a lien on the real property to which the assessment(s) applies shall be recorded with the Recorder of the county of Alameda. Thereafter, the unpaid charges shall constitute a special assessment against said property and shall be collected at such time as established by the County Assessor for inclusion in the next property tax assessment. The assessment shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except for those of state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment is paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.

The penalties called for hereunder shall be in addition to any other fees assessed and the terms of the master fee schedule.

All penalties and assessments shall be paid in full before the owner or any other applicant shall be granted any building or other permit for the site.

(Prior code § 6-9.06)

Except as herein stated, it is unlawful to demolish and no demolition permit shall be issued for the destruction of any structure until the applicant has obtained a building permit to construct a replacement structure. Nothing herein shall prohibit the Building Official from issuing, pursuant to Section 15.36.040, a ready-to-issue notice prior to the issuance of a building permit.

(Prior code § 6-9.07)

A demolition permit may be obtained without first obtaining a building permit where:

A.

The owner intends to, and does, create a surface parking lot, for which no building permit is required, or a vacant lot.

B.

The structure to be demolished is declared an unsafe structure or a public nuisance by the Building Official or the City Council.

This exception shall not apply to any case where there is sufficient evidence that the owner or the owner's agent intentionally caused such structure to become an unsafe structure or public nuisance.

C.

The structure to be demolished is a:

Nonresidential, one-story building of Type V construction with an area not exceeding six hundred (600) square feet; or

Group M, Division 1, Occupancies of Type V construction; or

Small and unimportant structure.

D.

The structure to be demolished is either:

Part of a Redevelopment Agency-sponsored project; or

Part of a project with a valid conditional use permit or planned unit development approval, where demolition has been expressly considered as part of the project approval process.

(Ord. No. 13028, § 2(Exh. A), 7-20-2010; Prior code § 6-9.08)

Demolitions may be subject to the design review procedures contained in Chapter 17.136 of the Oakland Planning Code.

(Ord. No. 13028, § 2(Exh. A), 7-20-2010)

Ministerial demolition permits shall be deemed exempt from CEQA. Discretionary demolition permits shall be subject to environmental analysis under CEQA. Any effects of the demolition shall be assessed as part of the project proposed for the site.

(Prior code § 6-9.09)

"Best manager practices" shall be used throughout all phases of work, including suspension of work, to alleviate or prevent fugitive dust nuisance and the discharge of smoke or any other air contaminants into the atmosphere in such quantity as will violate any city or regional air pollution control rules, regulations, ordinances, or statutes.

Water or dust palliatives or combinations of both shall be applied continuously and in sufficient quantity during the performance of work and at other times as required. Dust nuisance shall also be abated by cleaning and sweeping or other means as necessary.

A dust control plan may be required as condition of permit issuance or at other times as may be deemed necessary to assure compliance with this Section. Failure to control effectively or abate fugitive dust nuisance or the discharge of smoke or any other air contaminants into the atmosphere may result in suspension or revocation of the permit, in addition to any other applicable enforcement actions or remedies.

(Ord. 12152 § 1, 1999)