Oakland Municipal Code Art. IV Inspection, Maintenance, and Security Requirements

A. If any of the following is applicable, the responsible party shall, at his or her or its own expense, hire a local property management company that will be responsible for the inspection, maintenance, management, and security of the property:

1. The owner of the property that [was] acquired through a foreclosure sale resides or has a principal place of business or headquarters that is located out-of-area;

2. The owner of the property that was acquired through a deed in lieu of foreclosure or sale resides or has a principal place of business or headquarters that is located out-of-area; or

3. Both the beneficiary and trustee of a property upon which a notice of default has been recorded reside have a principal place of business or headquarters that is located out-of-area.

B. The local property management company shall be licensed to do business in the City. The local property management company is required to conduct regular inspections of an occupied or vacant property, pursuant to the requirements of Section 8.54.310, to ensure that the property remains in compliance with all applicable laws and regulations. The local property management company shall verify that the property has been inspected pursuant to this Chapter via the Building Services' website on or before the first day of each calendar month for which the real property remains vacant.

C. Properties for which the retention of a local property management company is required under this Chapter shall be posted with the name and 24-hour contact telephone number of the local property management company in accordance with the standards established by the City. Additionally, the local management company must be authorized to 1) comply with the code enforcement orders issued by the City, and 2) provide a trespass authorization upon request of local law enforcement authorities if the property is unlawfully occupied.

D. For inspection, maintenance, management, and security of occupied foreclosed properties the responsible party shall utilize a certified property manager. Inspection, maintenance, management, and security of vacant properties or occupied properties, that are the subject of a notice of default but not yet foreclosed, and subject to registration pursuant to this Chapter are not required to be carried out by a certified property manager.

(Ord. No. 13126, § 2, 6-19-2012)

A. Foreclosed Properties.

1. A vacant foreclosed property or a foreclosed property that shows sufficient evidence of vacancy shall be inspected weekly.

2. An occupied foreclosed property ("real estate owned") shall be inspected monthly.

3. Inspection includes, but is not limited to, a physical investigation of the property subject to registration pursuant to this Chapter to ensure compliance with all applicable laws, including Title 8, Chapter 8.24 of this Code.

B. Properties Subject to a Recorded Notice of Default.

1. A vacant or occupied property in default or distressed shall be inspected monthly.

2. Inspection includes, but is not limited to, a physical investigation of the property subject to registration pursuant to this Chapter to ensure compliance with all applicable laws, including Title 8, Chapter 8.24 of this Code.

C. On the first business day of each month, the party who conducted the inspection (the local property management company or the local responsible party) shall verify the required inspection either on the website set up for registration or on forms provided by the Building Official.

(Ord. No. 13126, § 2, 6-19-2012)

A. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls, or manages any property subject to the registration requirement of this Chapter, to cause, permit, or maintain any property condition contrary to any provision of this Chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement of this Chapter.

B. Properties registered pursuant to this Chapter, including a property that has been issued a notice of default and deemed abandoned, shall be maintained according to the following standards:

1. Any property subject to this Chapter must comply with the requirements of Chapter 8.24 of this Code entitled, "Property Blight."

2. The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building material, any accumulation of newspaper, circulars, flyers, notices (except those required by Federal, State or local law), discarded personal items including, but not limited to, furniture, mattresses, automobile tires, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

3. The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior structure. Removal shall occur within 48 hours of placement on property.

4. Landscaping includes, but is not limited to, grass, turf stain, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf/sod designed specifically for residential installation.

5. Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch (unless applied in conjunction with reseeding of turf areas), indoor-outdoor carpet or any similar material.

6. Maintenance includes, but is not limited to, regular watering, irrigation, staining, restaining, cutting, pruning and mowing of required landscape and removal of all trimmings.

7. Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirement of State or other law.

8. Adherence to this section does not relieve the responsible party of any obligations set forth in any portion of the Oakland Municipal Code or in any covenants, conditions, and restrictions and/or homeowners' association rules and regulations which may apply to the property.

9. Utility services to residential property subject to registration shall not be terminated if the property is lawfully occupied by tenants who are currently under a valid rental agreement with the trustor. Nothing in this section precludes an owner from recovering such costs from a tenant who is obligated to pay utility costs pursuant to a valid rental agreement.

10. Nothing in this Chapter relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by the Oakland Municipal Code or other governmental entities.

(Ord. No. 13126, § 2, 6-19-2012)

A. Properties subject to this Chapter, including a property that has been issued a notice of default and deemed abandoned, but not including occupied properties that have been issued a notice of default but not yet foreclosed, shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walkthrough, sliding, and garage), gates/fences and any other opening that may allow access to the interior of the property and/or structure(s). In the case of broken windows, "securing" means re-glazing or boarding the windows(s).

C. If the property is owned by a corporation and/or out-of-area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met. If the local property management company determines the property is not in compliance, it is the responsible party's responsibility, on its own or through the local property management company to bring the property into compliance.

D. The property shall be posted with the name and 24-hour contact telephone number of the local property management company or the responsible party if local. The posting shall be no less than 18 inches by 24 inches, shall be of a front that is legible from a distance of 45 feet, and shall contain the following words, "THIS PROPERTY IS MANAGED BY ___________" and "TO REPORT ANY PROBLEMS OR CONCERNS CALL ___________."

E. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible to the street. If no such area(s) exist, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of and printed with, or contained in, weather-resistant materials.

F. The Building Official shall have the authority to require additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to better secure and/or reduce the visual decline of the property.

G. The duties/obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

(Ord. No. 13126, § 2, 6-19-2012)