Oakland Municipal Code Art. X Substandard and Public Nuisance Buildings

Any residential or non-residential building or structure or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a public nuisance:

A. Inadequate sanitation shall include, but not be limited to, the following:

(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

(3) Lack of, or improper kitchen sink in a dwelling unit.

(4) Lack of hot and cold running water to plumbing fixtures in a hotel.

(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(6) Lack of adequate heating.

(7) Lack of, or improper operation of, required ventilating equipment.

(8) Lack of minimum amounts of natural light and ventilation required by this Code.

(9) Room and space dimensions less than required by this Code.

(10) Lack of required electrical lighting.

(11) Dampness of habitable rooms due to building deficiencies (such as lack of moisture barrier on concrete slab).

(12) Infestation of insects, vermin, or rodents as determined by a Health Officer.

(13) Visible mold growth, as determined by a Health Officer or a Code Enforcement Officer.

(14) General dilapidation or improper maintenance.

(15) Lack of connection to required sewage disposal system.

(16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a Health Officer or Code Enforcement Officer.

(17) Contamination and or hazardous condition caused by lead based paint, asbestos, or a biological, chemical, or toxic substance as identified by the U.S. Environmental Protection Agency or the State of California Department of Toxic Substances Control.

(18) Lack of smoke detector and carbon monoxide alarms.

B. Structural hazards shall include, but not be limited to, the following:

(1) Deteriorated or inadequate foundations.

(2) Defective or deteriorated sub-floor, concrete slab, or floor joists.

(3) Floor joists of insufficient size to carry imposed loads with safety.

(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(10) Members of stairs, guard rails, handrails that are split, leaning, buckling, of insufficient size to carry imposed loads with safety, or are deteriorated due to defective materials or deterioration;

(11) Members of exterior elevated elements that are of insufficient size to carry imposed loads with safety, are split, leaning, buckling, detaching from building due to defective materials or deterioration.

C. Any nuisance, as defined in Section 15.08.170;

D. Hazardous Electrical Wiring and Equipment. Electrical wiring and equipment which was installed in violation of code requirements in effect at the time of installation or electrical wiring and equipment not installed in accordance with generally accepted construction practices in area where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner, shall be considered substandard and a public nuisance;

E. Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation; or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect; or which has not been maintained in good condition; or which is not free of cross-connections or siphonage between fixtures, shall be considered substandard and a public nuisance.

F. Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard and a public nuisance.

G. Faulty weather protection, which shall include, but not be limited to, the following:

(1) Deteriorated, crumbling, or loose plaster.

(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations. or floors, including broken windows or doors.

(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

H. Any building or structure or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

I. Faulty Materials of Construction. The use of materials of construction, except those which are specifically allowed or approved by this Code and the Oakland Building Construction Code, and which have been adequately maintained in good and safe condition, shall cause a residential or nonresidential building or structure to be substandard and a public nuisance.

J. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.

K. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.

L. All buildings or structures or portions thereof not provided with adequate exit facilities as required by this Code and state law, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

M. All buildings or structures or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by state law, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

N. All buildings or structures or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.

O. Inadequate structural resistance to horizontal forces.

P. Geotechnical Instability. In-situ geology or changes or improvements to the in-situ topography which causes subsidence or a landslide and which becomes a hazard to adjacent properties or the public right-of-way or public easement.

(Ord. No. 13719, § 4, 12-20-2022; 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)