Oakland Municipal Code Art. III Administrative

Within one hundred twenty (120) days of the effective date of this Chapter, the Bureau of Building shall send a written notice to the owner of each known subject building informing the owner(s) of the requirement to comply with this Chapter.

Failure of the Bureau of Building to send or provide a written notice to unidentified owners of subject buildings or to owners of buildings not known to be subject buildings shall not relieve the owner of a subject building from the requirement to comply with this Chapter. Failure of an owner to receive a written notice shall not relieve the owner of a subject building from the requirement to comply with this Chapter.

(Ord. No. 13516, § 2, 1-22-2019)

The fees for the review of various submittals intended to comply with this Chapter shall be specified in the master fee schedule.

(Ord. No. 13516, § 2, 1-22-2019)

An owner of a building subject to this Chapter who fails to comply with any of this Chapter's requirements shall be subject to fines and penalties contained in Titles 1 and 15. The Building Official shall be authorized to impose the following additional penalties on any owner in violation of this Chapter.

A. Failure to obtain a building permit or file a target story evaluation report on time. Each owner who fails to obtain a building permit or file a target story evaluation report in accordance with Section 15.27.050 and Section 15.27.070 shall be subject to the fines and penalties set forth in O.M.C. Chapter 1.08.

B. Failure to Complete Permitted Construction. Each owner who fails to complete the permitted construction in accordance with Section 15.27.050 and Section 15.27.070 shall be subject to the fines and penalties set forth in O.M.C. Chapter 1.08.

C. Noncompliance Actions. In addition to the fines authorized by subsections A. and B., the following shall apply in the event of any failure to comply with the requirements of this Chapter:

1. The owner shall notify, in a manner prescribed by the Bureau of Building, all parties with financial interest in the property (such as mortgage lenders, lien holders, insurance bearers) and the tenants, current and prospective, that the building is potentially a seismically hazardous building and is in violation of this Chapter. The owner shall be required to send written notice (in English, Spanish, and Chinese) to all tenants and to inform prospective tenants in writing.

2. The Bureau of Building may file a statement with the County Recorder office describing violations of this Chapter. Upon correction of any violation of this Chapter, the Bureau of Building will file a release of any order that may have been recorded for noncompliance with this Chapter.

3. The Bureau of Building may require the owner to post one (1) or more signs on the building to designate it as potentially a seismically hazardous building. Location, form and content of the signs shall be at the discretion of the Bureau of Building. The owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner's expense, as necessary. When the owner corrects all violations of this Chapter, the Bureau of Building shall authorize removal of the signs.

D. Injunctive Relief. The City Attorney may file suit or take appropriate action to compel compliance of the provisions in this Chapter.

(Ord. No. 13516, § 2, 1-22-2019)

Notwithstanding any provision or exception in Title 15, including Exception 1 to Section 1.8.4.3.1 of the California Building Code and its successors, the Bureau of Building shall retain an official copy of any approved target story evaluation reports and retrofit design plans submitted to comply with this Chapter.

(Ord. No. 13516, § 2, 1-22-2019)

The Bureau of Building shall maintain a listing of buildings subject to this Chapter and shall make that listing readily accessible to the public. The Bureau of Building shall convey the updated compliance status of each subject building and its parcel number to the County Clerk-Recorder once every six (6) months.

(Ord. No. 13516, § 2, 1-22-2019)