Oakland Municipal Code Art. I Intent

This Chapter 8.54 and the provisions herein shall be known as the "Foreclosed and Defaulted Residential Property Registration and Abatement Program" and may be cited as such, and will be referred to herein as "this Chapter."

(Ord. No. 13126, § 2, 6-19-2012)

The purpose of this Chapter is to promote the health, safety, and general welfare of the residents, workers, visitors, property owners, and proprietors of the City and the economic stability and viability, and livability of neighborhoods in the City by requiring the registration and monitoring of foreclosed and defaulted residential properties. This program will protect and preserve the livability, appearance, and social fabric of the City and will also protect the public from health and safety hazards and the impairment of property values resulting from the neglect and deterioration of real property and improvements.

It is the intent of the City Council, through the adoption of this Chapter, to establish a mechanism to protect neighborhoods from becoming blighted through the lack of maintenance and security of occupied and vacant foreclosed and vacant defaulted residential properties; to establish a foreclosed and defaulted residential property registration and abatement program; and to set forth guidelines for the maintenance of occupied and vacant and/or distressed residential properties. In addition, this Chapter provides for the registration and inspection of occupied defaulted residential properties to aid on foreclosure prevention efforts and because such properties have an increased potential to become vacant or blighted.

(Ord. No. 13126, § 2, 6-19-2012)

A. The provisions of this Chapter shall apply to the following properties in the City:

1. Vacant residential properties that are the subject of a recorded notice of default;

2. Lawfully occupied residential properties that are distressed (notice of default recorded); and

3. Vacant and occupied residential properties that have been foreclosed upon.

(Ord. No. 13126, § 2, 6-19-2012)

The Building Official and his or her designees are authorized to enforce the provisions of this Chapter.

(Ord. No. 13126, § 2, 6-19-2012)

The provisions of this Chapter shall not apply to properties owned by the United States of America, the State of California, the County of Alameda, the City, or to any of their respective agencies or political subdivisions, except those over which the City has authority to assert jurisdiction; nor shall it apply to the Oakland Housing Authority. It is the intent of this Chapter to apply to and not exclude any property in which entities, including, but not limited, to the Federal National Mortgage Association (FNMA), the Government National Mortgage Association (GNMA), California Housing Finance Agency (CHFA), or any similar entity, has any financial or legal interest, ownership or otherwise, unless such entity can demonstrate to the City's satisfaction or to a court that it is exempt from this Chapter or otherwise is not subject to City regulation on the basis of preemption or other legal basis.

(Ord. No. 13126, § 2, 6-19-2012)