Oakland Municipal Code Art. XIV Delay of Enforcement for Accessory Dwelling Units

The purpose of this Article is to allow for a delay of enforcement actions, for a period of no more than five (5) years, for accessory dwelling units built before January 1, 2020, if corrections of violations are not necessary to protect health and safety as per California Government Code, Section 65852.2, subd. (n), and California Health and Safety Code, Section 17980.12. This Article shall remain in effect only until January 1, 2030, and as of that date is repealed.

(Ord. No. 13719, § 6, 12-20-2022)

A. An owner of an accessory dwelling unit built before January 1, 2020, may submit an application requesting that enforcement be delayed for a period of five (5) years on the grounds that correcting violations is not necessary to protect health and safety.

B. If the Building Official determines that correction of the violation(s) is not necessary to protect health and safety, the application shall be granted.

C. A delay of enforcement means the City will not penalize the owner for being out of compliance with building standards during the delay period. The owner must use the delay period to bring the property into compliance. Noncompliant conditions still existing after the expiration of the delay of enforcement shall be deemed a public nuisance and shall be subject to immediate enforcement.

D. A delay of enforcement shall not be granted if the accessory dwelling unit has any of the following conditions:

1. Significant structural damage or defects due to deterioration, such as tilting walls or sagging roofs;

2. Lack of a direct exit from the unit to the outside;

3. Lack of an emergency escape window in rooms used for sleeping purposes;

4. Any gas-fired appliance in a sleeping room including, but not limited to, water heaters, furnaces, or stoves;

5. Lack of adequate fire separation between dwelling units;

6. Lack of properly installed code compliant smoke alarms and carbon monoxide detectors.

(Ord. No. 13719, § 6, 12-20-2022)

If application for a delay of enforcement is granted, the Building Official shall execute a notice stating that a delay of enforcement has been granted; setting forth the time period of the delay; requiring the owner(s) to inform all occupants, in writing, of the existing violations and the delay of enforcement. The notice shall be recorded with the County of Alameda Recorder's office.

(Ord. No. 13719, § 6, 12-20-2022)

A delay of enforcement shall not absolve the owner(s) of their obligation to comply with maintenance and habitability standards owed to any tenant. Nor shall a delay of enforcement impair the rights of any tenant to seek or obtain relief under any State or local law created for the benefit of tenants, or to enforce any contract.

(Ord. No. 13719, § 6, 12-20-2022)

To provide, or offer to provide, an accessory dwelling unit for short term rental for a period of less than thirty (30) days is a public nuisance.

(Ord. No. 13719, § 6, 12-20-2022)

Any delay of enforcement granted pursuant to this Article shall apply only to building standards. Enforcement of other code violations including, but not limited to, nuisances and blight shall not be subject to delay.

(Ord. No. 13719, § 6, 12-20-2022)