Chapter 1.16 — ALTERNATIVE ADMINISTRATIVE PROCEDURE FOR ABATEMENT OF CERTAIN

The purpose of this Chapter is to provide for the protection, health, safety, and general public welfare of the residents of the City and to preserve the livability, appearance, property values, and social and economic stability of the City by providing an alternative method of code enforcement to effect abatement of minor violations of the codes and ordinances identified in this Chapter.

(Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.01)

A.

This chapter permits the administrative limitation of the use of property by authorizing the recordation of notices of violation and by authorizing the revocation, suspension, and/or withholding of permits as appropriate to effect abatement of:

Any violations of the Oakland Building Code (OMC Chapter 15.04), Oakland Housing Code (OMC Chapter 15.08), Uniform Fire Code (OMC Chapter 15.12), Fire Damaged Area Protection and Improvement Code (OMC Chapter 15.16) Bedroom Window Security Bar and Smoke Detector Permit Code (OMC Chapter 15.64), the Oakland Planning Code (OMC Title 17), Transient Occupancy Tax Code (OMC Chapter 4.24), Hotel Rates and Register Code (OMC Chapter 5.34), Food Vending Program (OMC Chapter 5.51), Recreational Vehicle on Undeveloped Property (OMC Chapter 5.72), Animal Code (OMC Title 6), Health and Safety Code (OMC Title 8), Public Peace, Morals and Welfare Code (OMC Title 9), Vehicles and Traffic Code (OMC Title 10), Streets, Sidewalks and Public Places Code (OMC Title 12), Creek Protection, Storm Water Management and Discharge Control Code (OMC Chapter 13.16) and Oakland Sign Code (OMC Chapter 14); or

The occurrence of anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; or

The occurrence of any public nuisance as known at common law or in equity jurisprudence.

The violation of any state or federal law or regulations under which such violation is deemed a public nuisance.

B.

Abatement actions established in this Chapter are in addition to any other administrative or legal remedy which may be pursued by the City to address violations of the codes and ordinances identified in this Chapter.

(Ord. No. 13611, § 4(Exh. B), 7-28-2020; Ord. No. 13421, § 4, 3-28-2017; Ord. 12550 § 3 (part), 2003: Ord. 12025 § 8, 1997; Ord. 12019 § 5, 1997; Ord. 11989 § 7, 1997; Ord. 11805 § 1 (part), 1995: prior code § 1- 8.02)

A.

Minor Violation. A minor violation shall exist whenever any provision of the codes and ordinances identified in this Chapter has been violated or the real property or structure thereon identified with the violation has been declared and remains a public nuisance.

B.

Public Nuisance. For the purposes of this Chapter, a public nuisance shall exist whenever a condition on a property is maintained in violation of codes and ordinances identified in this Chapter or in violation of California Civil Code Sections 3479 and 3480, at common law or in equity jurisprudence. A public nuisance shall also exist whenever a condition so identified is corrected but recurs, and continues as a recurrent problem.

C.

Responsible Department. The responsible department shall be the City department, its Director or Deputy Director, or other person so designated either by the City Manager or code or ordinance as responsible for

enforcement of the provisions of the codes and ordinances identified in this Chapter.

D.

Responsible Person. The responsible person shall be a natural person, heirs, executors, administrators, or assigns, firm, partnership, or corporation, its heirs or their successors or assigns, or the agent of any of the aforesaid, responsible for the creation, existence, commission, and/or maintenance of a violation of the codes and ordinances identified in this Chapter.

(Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.03)

A.

Whenever any provision of the codes and ordinances identified in this Chapter has been violated, administrative limitation of property use may be enforced to affect abatement

B.

The City Manager, or his or her designee, is authorized to enforce the abatement actions established in this Chapter.

C.

The responsible person(s) creating, committing, condoning, or maintaining a violation of any provision of the codes and ordinances identified in this Chapter shall be subject to abatement actions established in this Chapter.

D.

Each and every day a violation of any provision of the codes and ordinances identified in this Chapter exists shall constitute a separate and distinct offense.

E.

Separate abatement actions established in this Chapter may be enforced for separate violations or separate dates of occurrence.

F.

Enforcement of abatement actions established in this Chapter and/or full or partial reimbursement or recovery of administrative expenses shall not excuse the failure to correct violations wholly and excuse the failure to correct violations wholly and permanently nor shall it preclude initiation of additional abatement actions by the City.

G.

Administrative expenses, including attorneys' fees, shall accrue to the account of the responsible department and may be recovered by all appropriate legal means, including but not limited to nuisance

abatement lien and special assessment' priority lien of the general tax levy, or civil and small claims action brought by the City, or both.

(Ord. 12623 § 4 (part), 2004: Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.04)

A.

Whenever the limitation of property use is enforced, a notification of the abatement action shall be served upon the responsible person and, as applicable, to any other party revealed by public records to have record title or similar legal interest in the property. Such notification may be served in conjunction with notification of other actions by the City to abate the violation.

B.

The notice shall be served by one or more of the following methods:

Personal delivery with acknowledged receipt; or

Certified mail with return receipt requested to the last known mailing address; or

Constructive public notification, including but not limited to the following:

a.

Publication in a newspaper of general circulation, or

b.

Filing of an affidavit with the Office of the City Clerk certifying to the time and manner in which such notification was sent by regular mail, or

c.

Conspicuous posting on or in the vicinity of the property.

C.

Failure to serve such person(s) or failure of such person(s) to receive timely notification shall not affect in any manner the validity of any abatement actions taken or procedures conducted as established in this Chapter.

D.

The notice shall minimally identify the following factors:

The provisions of the code or ordinance violated and the descriptive nature of the violations; and

The locations of the violations and the dates of occurrence; and

The remedial actions required to correct the violations; and

Other consequences, as applicable, should the violations not be corrected; and

The procedures for obtaining an administrative hearing regarding the enforcement of the limitation of property use.

(Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.05)

A.

Conditional and ministerial permits or approvals for existing or future work identified with an individual parcel or separate structure thereon shall be subject to the following abatement actions:

Denial of a permit application; and

Suspension and subsequent expiration of a permit application or issued permit; and

Revocation of a permit application or issued permit; and

Forfeiture of all fees.

B.

Record title for an individual parcel shall be subject to encumbrance by a notice of limitation of property use recorded with the Alameda County Recorder's Office.

C.

The City Manager, or his or her designee, is authorized to establish standards and procedures for the termination of a recorded encumbrance of the property title, including but not limited to the following factors:

All identified violations have been corrected; and

All required approvals, permits, and inspections have been obtained, issued and finalized; and

All administrative expenses for abatement actions, including attorneys' fees, have been fully recovered.

(Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.06)

Administrative costs, charges, fees, and interest shall be as established in the master fee schedule of the City.

(Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.07)

A.

The responsible person(s) may request an administrative hearing to adjudicate the limitation of property use by filing such request in writing with the City Manager, or his or her designee, pursuant to standards and procedures established in the Oakland Housing Code, Section 15.08.350C, except that alternate or additional standards and procedures may be promulgated by the City Manager, or his or her designee, for requesting an administrative hearing regarding the limitation of property use resulting from the violation of codes and ordinances other than the Oakland Housing Code.

B.

The City Manager, or his or her designee, is authorized to establish standards and procedures for conducting an administrative hearing and evaluating evidentiary testimony and either affirming the enforcement of this Chapter or remanding for further consideration, pursuant to standards and procedures established in the Oakland Housing Code, except that alternate or additional standards and procedures may be promulgated by the City Manager, or his or her designee, for codes and ordinances other than the Oakland Housing Code.

C.

In all instances, the determination regarding property use limitation resulting from the administrative hearing shall be final and conclusive.

(Ord. 12550 § 3 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-8.08)

Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. The enforcement official shall have the discretion to select a particular remedy to further the purposes and intent of the chapter, depending on the particular circumstances. The enforcement official's decision to select a particular remedy is not subject to appeal.

(Ord. 12550 § 3 (part), 2003)