Chapter 8.24 — PROPERTY BLIGHT

The purpose of this Chapter is to promote the health, safety, and general welfare of the citizens by requiring a level of maintenance of residential, commercial, and industrial property which will protect and preserve the livability, appearance, and social and economic stability of the city and which will also protect the public from the health and safety hazards and the impairment of property values which results from the neglect and deterioration of property.

(Ord. 12046 § 1, 1998: prior code § 15-1.01)

Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purpose of this Chapter:

A.

Abandoned Building or Structure.

A building or structure which is not occupied, inhabited, used, or secured. For purposes of this Chapter, a building or structure is unsecured when it is unlocked or the public can gain entry without the consent of the owner,

Any partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for six months;

B.

Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act;

C.

A Building or Structure Which is in a State of Disrepair.

Any building or other structure which by reason of rot, weakened joints, walls, floors, underpinning, roof, ceilings, or insecure foundation, or other cause has become dilapidated or deteriorated,

Any building or other structure with exterior walls and/or roof coverings which have become so deteriorated as to not provide adequate weather protection and be likely to, or have resulted in, termite infestation or dry rot,

Buildings or structures with broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers. For purposes of this Chapter "window" shall include any glazed opening, including glazed doors, which upon a yard, court, or vent shaft open unobstructed to the sky,

Buildings or structures including, but not limited to, walls, windows, fences, signs, retaining walls, driveways, or walkways which are obsolete, broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts on neighboring property or presents a risk to public safety. For purposes of this Chapter "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti" and peeling, flaking, blistering, or otherwise deteriorated paint.

D.

Property Inadequately Maintained.

Property which is not kept clean and sanitary and free from all accumulations of offensive matter or odor including, but not limited to, overgrown or dead or decayed trees, weeds or other vegetation, rank growth, dead organic matter, rubbish, junk, garbage, animal intestinal waste and urine, and toxic or otherwise hazardous liquids and substances and material. For the purposes of this section the term "rubbish" shall include combustible and noncombustible waste materials, except garbage; and the term shall also include the residue from the burning of wood, coal, coke, and other combustible material; and the term shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, hay, straw, tin cans, metal, mineral matter, glass, crockery, and dust; and the term shall also include animal feed and the products of and residue from animal quarters. For the purposes of this section, the terms "animal" and "animal quarters" shall be as set forth in Chapter 6.04, Animal Control Regulations Generally, of this code,

Property which constitutes a fire hazard or a condition considered dangerous to the public health, safety, and general welfare,

Property which is likely to or does harbor rats or other vectors, vermin, feral pets, or other non- domesticated animal nuisances,

Property which substantially detracts from the aesthetic and economic values of neighboring properties including, but not limited to, personal property and wares and foodstuffs, premises garbage and refuse receptacles, and commercial and industrial business activities which are inadequately buffered from any street, sidewalk, or other publicly trafficked area or such buffering which is inadequately maintained. For the purposes of this section, "buffered" shall apply to the provisions set forth in Chapter 17.110 of the Oakland Planning Code,

Landscaping which is inadequately maintained or which is not installed as required by city codes or any permit issued in accordance with such codes,

Matter including, but not limited to, smoke, odors, dust, dirt, debris, fumes, and sprays which is permitted to be transported by wind or otherwise upon any street, course, alley, sidewalk, yard, park, or other public or private property and which is determined to be a violation of federal, state, regional, or local air quality regulations,

Property including, but not limited to, building facade, window, doorway, driveway, walkway, fence, wall, landscaped planter or area, sidewalk, curb and gutter, and edge of street pavement on which dirt, litter, vegetation, garbage, refuse, debris, flyers, or circulars have accumulated,

Property on which a swimming pool, pond, stream, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" is defined for the purpose of this Chapter, as water which contains bacterial growth, remains of garbage, refuse, debris, papers and any other foreign matter or material which constitutes an unhealthy or unsafe condition,

Parking lots, driveways, paths, and other areas used or intended to be used for commercial and industrial business activities including, but not limited to, selling, manufacturing, processing, packaging, fabricating, treating, dismantling, processing, transferring, handling, transporting, storing, compounding, or assembling which are inadequately maintained and pose a risk of harm to public health or safety including, but not limited to, unpaved surfaces which generate fugitive dust and paved surfaces with cracks, potholes, or other breaks,

Property on which recyclable materials are openly stored. For the purposes of this Chapter, "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 or other such partition,

Property which is not securely fenced or adequately lighted to prevent illegal access and activity related to the dumping of garbage, waste, debris and litter.

"Recyclable materials" includes any materials, goods, vehicles, machinery, appliances, product or article, new or used, which is suitable for reuse;

E.

Property Which Creates a Dangerous Condition.

Property having a topography, geology, or configuration which, as a result of grading operations, erosion control, sedimentation control work, or other improvements to said property, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems as to harm or pose a risk of harm to adjacent properties,

Property whereon any condition or object obscures the visibility of public street intersections to the public so as to constitute a hazard, including but not limited to, landscaping, fencing, signs, posts, or equipment,

Conditions which due to their accessibility to the public pose a hazard including, but not limited to, unused and broken equipment, abandoned wells, shafts, or basements, hazardous or unprotected pools, ponds, or excavations, structurally unsound fences or structures, machinery which is inadequately secured or protected, lumber, trash, fences or debris that may pose a hazard to the public, storage of chemicals, gas, oil, or toxic or flammable liquids;

F.

Parking, Storage or Maintenance of the Following in Areas Zoned for Residential Use.

Any construction or commercial equipment, machinery, material, truck or tractor or trailer or other vehicle having a weight exceeding seven thousand (7,000) pounds, or recyclable materials, as defined in this Chapter, except that such items may be temporarily kept within or upon residential property for the time required for the construction of installation of improvements or facilities on the property,

Except where lawfully permitted by provisions of the Oakland Municipal Code, trailers, campers, recreational vehicles, boats, and other mobile equipment for a period of time in excess of seventy-two (72) consecutive hours in front or side yard areas.

a.

Any parking, keeping or storing of these items in the side or rear yard areas shall be either in an accessory building constructed in accordance with the provisions of this code or in an area which provides for a five- foot setback from any property line.

b.

In addition to the setback requirement, fifteen hundred (1,500) square feet or at least sixty percent (60%) of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

c.

No item shall be parked, stored or kept within five feet of any required exit, including existing windows,

Any motor vehicle which has been wrecked, dismantled or disassembled, or any part thereof, or any motor vehicle which is disabled or which may not be operated because of the need for repairs or for any other reason for a period of time in excess of seventy-two (72) consecutive hours,

Any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture, or other than furniture designed and used for outdoor activities, appliance or appliances, or any parts of any of the listed items for a period of time in excess of seventy-two (72) consecutive hours.

This subsection does not prohibit the following:

a.

Machinery installed in the rear setback areas for household or recreational use,

b.

Furniture designed and used for outdoor activities,

c.

Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile,

Storing or keeping packing boxes, lumber, dirt and other debris, except as allowed by this code for the purpose of construction, in any setback areas visible from public property or neighboring properties for a period of time in excess of seventy-two (72) consecutive hours;

No item covered by this section shall be parked, stored, or kept between the front lot line and the front wall of the facility, including the projection of the front wall across the residential property lot line, except where such item is located in an approved driveway or approved parking space.

G.

Activities Prohibited in Areas Zoned for Residential Uses.

Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing, in any setback area, of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property.

This chapter shall not prohibit the following:

a.

Any owner, lessee or occupant of residential property may repair, wash, clean or service any personal property which is owned, leased, or rented by such owner, lessee or occupant of such property. Any such repairing or servicing performed in any such area shall be completed within a seventy-two (72) consecutive hour period. The provisions of this section shall apply to any truck, tractor, trailer, orother commercial vehicle weighing more than seven thousand (7,000) pounds.

b.

A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or

c.

A vehicle or part thereof which is stored or parked in a lawful manner or private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard which is a legal nonconforming use. This exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter,

The use of any trailer, camper, recreational vehicle or motor vehicle for living or sleeping quarters in any place in the City, outside of a lawfully operated mobile home park or travel trailer park or as otherwise lawfully permitted by provisions of the Oakland Municipal Code, subject to the following:

a.

Nothing contained in this section shall be deemed to prohibit bona fide guests of a city resident from occupying a trailer, camper, or recreational vehicle upon residential premises with the consent of the resident for a period not to exceed seventy-two (72) consecutive hours.

b.

Any trailer, camper, or recreational vehicle shall not discharge any waste or sewage into the city's sewer system except through the residential discharge connection of the residential premises on which the trailer, camper or recreational vehicle is parked;

H.

Permit Requirement. Any use of property which does not have all required permits pursuant to city codes or where such permits have expired or been revoked;

I.

General Conditions.

Any condition which is detrimental to the public health, safety or general welfare or which constitutes a public nuisance as defined in California Civil Code Section 3480,

Any condition of deterioration or disrepair which substantially impacts on the aesthetic or economic value of neighboring properties.

This chapter shall not prohibit the following: any property owned or leased by the city or the Redevelopment Agency which has been designated or acquired for the purpose of redevelopment or rehabilitation.

(Ord. No. 13666, §§ 5(Exh. C), 9, 11-16-2021; Ord. No. 13611, § 4(Exh. B), 7-28-2020; Ord. 12046 § 2, 1998; prior code § 15-1.02)

Editor's note— Effect on existing code enforcement cases. Property owners with existing citations for violations of O.M.C. Sections 8.24.020 F.2. or 8.24.020 G. shall, upon written request, be granted a 120-day stay of enforcement of said violations to apply for City approvals to allow such activities pursuant to the Oakland Municipal Code, except that all imminent hazards must be abated immediately. The applicant shall obtain and successfully implement City approvals within one (1) year of submitting the application, except this deadline may be extended if the process is delayed by unusual circumstances beyond the control of the applicant, as determined by the Director of the Planning and Building Department ("Director"). The applicant must demonstrate, at the time of application and to the satisfaction of the Director, that there will be adequate disposal of wastewater throughout the application process. No additional City-imposed fines, penalties, or liens for violation of O.M.C. 8.24.020 F.2. or 8.24.020 G. shall accrue during the one-hundred- twenty-day stay or during the City approval process as long as all applications for City approval are active and parties are diligently pursuing City approval and maintaining adequate utility services to RVs. Any stay of enforcement granted pursuant to this Section shall apply only to violations of O.M.C. sections 8.24.020 F.2. and 8.24.020 G. All other violations shall be enforced according to standard operating procedures. If existing citations are not abated by receiving City approvals to allow such activities, City staff shall provide to existing RV occupants information on available resources and services for relocation.

For purposes of this Chapter an item is unlawfully parked, kept or stored in any area for a period of time in excess of seventy-two (72) consecutive hours when:

A.

The item has not been removed from such area for an intervening period of time in excess of seventy-two (72) consecutive hours; or

B.

The item has been parked, kept or stored during the intervening period of time upon any public street.

(Prior code § 15-1.03)

No person, firm, group, or corporation whether as owner, owner's agent or manager of the subject property, or as lessee, sublessee, or occupant in possession of the property shall maintain any property in a blighted condition or shall cause or permit the property to be blighted. No person, firm, group, or corporation shall take any action or allow any action to be taken in violation of any provision of this Chapter or order issued pursuant thereto.

(Prior code § 15-1.04)

The Building Official and his or her designees shall be responsible for the enforcement of this Chapter and shall make such inspections and take such actions as may be required to enforce the provisions of this Chapter. The Building Official is authorized to establish guidelines and interpretations to enforce the provisions of this Chapter.

(Ord. 12046 § 3, 1998: prior code § 15-1.05)

A.

Any condition set forth in this Chapter may be abated by the Building Official, or his or her designee, in accordance with the procedures set forth in Chapter 15.08 of this code.

B.

Actions taken to abate conditions set forth in this Chapter may include, but are not limited to, assessment of fees, charges, penalties, and interest; and/or repair or removal of the condition; and/or installation and maintenance of physical barriers to deter the recurrence of or illegal access to the condition; and/or any other abatement action determined by the Building Official, or his or her designee, to be necessary.

(Ord. 12046 § 4, 1998: prior code § 15-2.01)

Whenever any condition set forth in this Chapter is determined by the Building Official, or his or her designee, to be dangerous and imminently hazardous to public health and safety, the use or occupancy of the blighted property may be restricted in accordance with the procedures set forth in Chapter 15.08 of this code. In addition to restricting the use or occupancy, the Building Official may require other abatement actions to be taken including, but not limited to, immediate repair or removal of the condition.

(Ord. 12046 § 5, 1998: prior code § 15-2.02)

The Building Official, or his or her designee, may institute procedures for abatement of any conditions set forth in this Chapter, except where such conditions are otherwise authorized or permitted by law. The provisions as set forth in Chapter 15.08 including, but not limited to, conditions of compliance which assure expeditious abatement of conditions by the property owner and Chapter 1.28 of this code shall apply to any such abatement. Fees, charges, penalties, and interest assessed for any abatement action performed by, or on behalf of, the city including, but not limited to, costs incurred in relocating occupants of the blighted property shall be recovered by the city in accordance with the provisions set forth in Chapter 15.08 of this code. The Building Official may establish time durations for abating blighting conditions which serve the best interests of the city and may subsequently limit or extend or otherwise adjust such durations for good cause.

(Ord. 12046 § 6, 1998: Ord. 11552 § 3, 1993; prior code § 15-2.03)

A.

Procedures used and actions taken for the abatement of property blight are not limited by this Chapter. Procedures and actions under this code 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 administrative penalties pursuant to the provisions of Chapter 1.28 of this code.

B.

All property blight conditions which are required to be abated pursuant to the provisions and permit requirements of this Chapter shall be subject to all provisions of this code including, but not limited to, building construction, repair or demolition and to all housing, zoning, traffic and fire code provisions, except that the provisions set forth in Title 12, Streets, Sidewalks, and Public Places, Chapter 16, Improvements Generally, Section 12.16.030 of this code shall not apply.

(Ord. 12046 § 7, 1998: prior code § 15-2.04)

Violation of this Chapter shall constitute an infraction.

(Prior code § 15-2.05)