Oakland Municipal Code Art. IV Code Enforcement

A. Whenever the Building Official determines that a UDCB with a valid permit does not conform to any requirement in this chapter he/she shall promptly notify the parcel owner/agent and UDCB operator through electronic mail of the violation. The violation must be abated and proof of such submitted to the City within 72 hours after receipt of such notification.

B. If an unpermitted UDCB is not within a permissible geographic area according to Section 5.19.120, then both the UDCB and any blight within 20 feet of the UDCB shall be removed within 72 hours after the parcel owner/agent and UDCB operator is notified of the violation.

C. If an unpermitted UDCB is within a permissible geographic area according to Section 5.19.120 then any blight within 20 feet of the site shall be removed and the parcel owner/agent and/or operator shall either: 1) apply for all UDCB permits required by this chapter; or 2) remove the UDCB. This requirement shall be met within 72 hours after the parcel owner/agent and/or UDCB operator are notified of the violation.

D. Each day that a violation of a requirement of this chapter is not abated constitutes a new and separate offense.

E. The operation or maintenance of an unpermitted UDCB may be abated or summarily abated by the City in any manner by this Code or otherwise by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.

F. The City shall assess administration citations pursuant to O.M.C. Chapter 1.12 against a parcel owner and/or operator who fails to timely resolve a violation or verified compliance is not sent to the City showing the resolution of the violation relating to a UDCB after notice.

1. For permitted UDCBs, the City shall issue administrative citations pursuant to O.M.C. Chapter 1.12:

a. Not more than $150.00 for the first citation after the 72-hour abatement period;

b. Not more than $250.00 for the second citation after the 72-hour abatement period; and

c. Not more than $500.00 for the third and each subsequent citation after the 72-hour abatement period. Total fines resulting from administrative citations shall not be more than $5,000.00 within one year for each cited UDCB.

2. For unpermitted UDCBs, the City shall issue administrative citations pursuant to O.M.C. Chapter 1.12:

a. Not more than $750.00 for the first citation after the 72-hour abatement period;

b. Not more than $1,000.00 for the second citation after the 72-hour abatement period; and

c. Not more than $1,500.00 for the third and each subsequent citation after the 72-hour abatement period. Total fines resulting from administrative citations shall not be more than $10,000.00 within one year for each cited UDCB.

G. The daily administrative citations described in Subsection F shall continue until either the violation is abated or the UDCB is removed. Pursuant to Government Code Section 38773, removal of the UDCB shall be at the expense of the parcel owner and/or operator. Any UDCBs removed shall also have any of its UDCB permits revoked.

H. The property owner and operator are jointly and severally liable and responsible for all fees, administrative citations, and compliance with the regulations.

I. Administrative citations for unpermitted UDCBs may be appealed administratively pursuant to appeals of administrative actions set forth in the Oakland Municipal Code or as developed by the City Administrator. Administrative citations for permitted UDCBs are not appealable.

J. A party aggrieved by a final administrative decision of the City may seek judicial review of the administrative decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within the time frame pursuant to those code sections.

K. All notices for unpermitted UDCBs shall be in writing and personally delivered to the parcel owner/agent and UDCB operator or by depositing such notice in the United States mail, postage paid, and addressed to the parcel owner/agent at the owner(s) last known address as it appears on the last Alameda County equalized assessments roll, as well as placed on the UDCB itself. If the City cannot reasonably determine the name and/or address of the unpermitted UDCB operator, placing the written notice on the UDCB itself constitutes sufficient notice. All notices regarding permitted UDCBs shall be through electronic mail.

L. Administrative citations established in this chapter are in addition to any other administrative or legal remedy which may be pursued by the City to address violations identified in this chapter.

(Ord. No. 13335, § 2(Exh. A), 10-20-2015)

A. Any person claiming a violation of this chapter may bring an action in the Municipal Court or Superior Court of the State of California, as appropriate, to enforce the provisions of this chapter. Violations of this chapter are declared to irreparably harm the public.

B. The Court shall award reasonable attorney's fees, witness fees and costs to any plaintiff who prevails in an action to enforce this chapter.

C. No criminal penalties shall attach for any violation of this chapter.

D. No remedy set forth in this section is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law.

E. Nothing in this chapter shall be interpreted to authorize a right of action against the City, nor shall this section give rise to any cause of action for damages against the City.

F. The property owner or owner's agent shall have the right to rescind consent for a UDCB to be placed on the property, provided written notice of the rescission is provided to the UDCB operator, as provided in their agreement but in no event less than ten business days prior to the UDCB being removed.

G. The property owner or owner's agent shall be held harmless by the UDCB operator for the removal of an unauthorized UDCB where removal is necessary to comply with this chapter.

(Ord. No. 13335, § 2(Exh. A), 10-20-2015)