Oakland Municipal Code Art. XI Declaration of Public Nuisance—Substandard

A. Commencement of Proceedings. When the Building Official has inspected or caused to be inspected residential or non-residential buildings or structures or portions thereof and has found and determined that such buildings or structures or portions thereof are substandard and a public nuisance, then the Building Official may commence proceedings to cause the repair and rehabilitation, vacation, or demolition of the building or structure or portion thereof.

B. Declaration. The Building Official may issue a declaration of public nuisance—substandard directed to the record owner of the property. The declaration shall contain:

1. The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.

2. A statement that the Building Official has found the building or structure or portion thereof to be substandard and a public nuisance with a brief and concise description of the conditions found to render the building or structure or portion thereof unsafe under the provisions of Section 15.08.340 A. of this Code.

3. A statement of the action required to abate the substandard conditions, as determined by the Building Official.

a. The declaration shall require that all required permits be secured therefore and the work either for repair and rehabilitation or for demolition physically be commenced within thirty (30) calendar days from the date of the declaration and be completed within sixty (60) calendar days from the date of commencement of work. The Building Official may grant extensions to the permit issuance and completion requirements specified herein as may be reasonable under all of the circumstances

b. If the Building Official has determined that the building or structure must be vacated as provided in Section 15.08.380 of this Code, the declaration shall require that the building or structure shall be vacated within a certain time from the date of the declaration as determined by the Building Official to be reasonable. Owner(s) must comply with all state and local law regarding the removal of occupants.

4. Statements advising that if required repair and rehabilitation or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official:

a. May order the building or structure vacated and posted to prevent further occupancy until the work is completed; and

b. May proceed to cause the demolition work to be done and charge the costs thereof against the property and the record owner.

5. Statements advising:

a. That any person adversely affected by the Declaration of the Building Official may appeal to the Hearing Officer, provided that the appeal is made in writing as provided in Oakland Municipal Code 15.04.1.125; and that fees are paid as established in the Master Fee Schedule; and that the appeal is received by the Building Official within twenty-one (21) calendar days from the date of service of such declaration, or such other time period as provided for herein whenever conditions exist which are dangerous or an imminent hazard as provided in Section 15.08.380 of this Code; and

b. That failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.

C. Method of Service. The declaration of public nuisance—substandard, and any amended or supplemental declaration, shall be served as provided in Section 15.08.110 B. of this Code upon the record owner, and one (1) copy thereof shall be served by mailing with regular postage on each of the following if known to the Building Official or disclosed from official public records:

1. The holder of any mortgage of deed of trust or other lien or encumbrance of record; and

2. The owner or holder of any lease of record; and

3. The holder of any other estate or legal interest of record in or to the building or the land on which it is located.

4. Each affected residential unit.

The failure of the Building Official to serve any person required herein to be served 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 the provisions of this Section.

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

If compliance is not achieved with the declaration of public nuisance—substandard within the time specified therein, and no appeal has been properly and timely received, the Building Official may file in the Office of the Alameda County Clerk-Recorder a certificate describing the property and certifying the following:

1. That the building or structure is Substandard and a Public Nuisance; and

2. That the record owner of the property has been so notified.

Whenever the corrections ordered shall thereafter have been completed or the building or structure demolished so that it no longer exists as Substandard and a Public Nuisance on the property described in the certificate, the Building Official shall file a new certificate with the Alameda County Recorder certifying the building or structure has been demolished or all required corrections have been made so that the building or structure is no longer Substandard and a Public Nuisance, whichever is appropriate.

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

A. The owner(s) of any building or structure declared substandard and a public nuisance under this Code shall be required to comply with one (1) of the following:

1. The building or structure shall be repaired and rehabilitated in accordance with the current edition of the Oakland Building Construction Code and other current codes applicable to the type of substandard conditions requiring repair; or

2. The building or structure shall be demolished in compliance with state and local law.

B. Compliance.

1. Application for permits to repair and rehabilitate or demolish a substandard and public nuisance building or structure shall be made within ten (10) days after recordation of the declaration with the Alameda County Recorder. All permits must be obtained within thirty (30) days after such recordation, and all work shall be finalized and approved within sixty (60) days after obtaining such permits. Failure to obtain such permits and complete the required work as specified herein may result in the demolition of the building by the Building Official. The Building Official may grant extensions to the permit issuance and completion requirements specified herein as may be reasonable under all of the circumstances.

2. Conditions of Compliance including, but not limited to, issuance of required permits and Certificate of Occupancy and Report of Permit Record, establishment of performance durations, and payment of all fees, charges, assessments, penalties, liens, accrued interest, residential tenant relocation costs, performance completion security, and performance monitoring deposit shall be required for all such repair and rehabilitation or demolition.

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

A. Vacant Building.

1. A building or structure declared substandard and a public nuisance under this Code which is unoccupied shall be secured and maintained against entry and shall not be re-occupied for any circumstance until the violations causing the substandard conditions have been fully corrected and a renewal certificate of occupancy has been obtained by the record owner and all fees, costs, penalties, and interest have been paid.

2. The Building Official shall prominently post at or upon each entrance of the unoccupied building or structure declared substandard and a public nuisance and at such other conspicuous locations on the premises as are deemed necessary by the Building Official, an order which shall be in substantially the following form:

City of Oakland DO NOT ENTER UNSAFE TO OCCUPY SUBSTANDARD PREMISES

The premises have been declared a Public Nuisance and shall remain vacant and shall not be entered or re-occupied for any circumstance without prior written approval from the Building Official

The Owner of Record of this property at the time of this posting is _______

It is a misdemeanor punishable by a fine of $100 to enter or to occupy this building or to remove or mark this notice without written authorization from the Building Official. Subsequent violations can result in punishment of up to six months in jail and/or fines of up to $1,000.

B. Dangerous Building or Structure. Whenever a building or structure declared substandard and a public nuisance under this Code is in such unsafe condition as to make it dangerous either to life and limb of the occupants or to private or public property or to health or safety of the public, the Building Official may order the owner of record to cause the building or structure to be vacated and secured and maintained against unauthorized entry. Owner(s) shall comply with all state and local law regarding the removal of occupants.

C. Imminent Hazard.

1. Whenever a building, structure, portion thereof, or real property, whether declared Substandard and a Public Nuisance under this Code or otherwise, is in such immediately dangerous condition due to the existence of or to the perilous risk from natural gas explosion, or electrical shock, or chemical toxicity or asphyxiation, or structural collapse, or riparian inundation, or geotechnical instability, or sewage contamination, or potable water cross-contamination, or urban-wildland conflagration, or other immediately dangerous conditions as determined by the Building Official as to make it a clear and certain endangerment to property, or a manifestly unhealthy or unsafe environment for the public, or an imminent hazard to life and limb of the occupants or City employees in the performance of their official duties, the Building Official may cause the immediate vacation of the premises and all other endangered property similarly in perilous risk and the immediate abatement by the City or its contractors of all immediately dangerous and perilous conditions or defects.

2. Whenever the Building Official will cause the immediate vacation of the premises and all other endangered property similarly in perilous risk or the immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, reasonable measures shall be taken to notify the record owner of the property of the pending abatement actions, including, but not limited to, visual communication by posting of the premises and oral communication by telephone or in person and written communication by personal delivery or electronic mail or facsimile, unless circumstances and time do not otherwise warrant and permit.

3. Whenever the Building Official will cause or has caused the immediate vacation of the premises and all other endangered property similarly in perilous risk or the immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, an expedited administrative hearing shall be scheduled within two days (excluding weekends and City observed holidays) of receipt by the Building Official of a written appeal filed in compliance with Oakland Municipal Code 15.04.1.125 and fees as established in the Master Fee Schedule.

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