Oakland Municipal Code Art. II Definitions

For the purposes of this Chapter, certain words and phrases are defined and certain provisions shall be construed as set forth herein, unless it shall be apparent from the context that they have different meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

"Building" means a roofed structure that exceeds 120 square feet in gross floor area (orthogonal planer projection) for which the Building Official is authorized to determine and assign an occupancy category as set forth in the Oakland Building Construction Code.

"Building department" has the same meaning as set forth in the Oakland Building Construction Code.

"Building Official" has the same meaning as set forth in the Oakland Building Construction Code.

"Building—Residential" means a building which only contains a Group R - Division 2, 3, or 7 occupancy category, as set forth in the Oakland Building Construction Code, except for attached storage and automobile parking facilities.

"City" means the City of Oakland.

"Date of acquisition" means the date that fee title to property is transferred to an owner, including, but not limited to, recording of the deed transferring ownership, the closing date of escrow or, in cases where the property is sold pursuant to a Claim and Tax Lien Law, the first day following the right of redemption period authorized under the Claim and Tax Lien Law.

"Fire department" has the same meaning as set forth in the Oakland Fire Code.

"Foreclosure" means the property has been sold at a judicial or non-judicial (trustees) foreclosure sale pursuant to the power of sale under a mortgage or deed of trust, or the mortgagee or beneficiary of the deed of trust has acquired the property through a deed in lieu of foreclosure.

"Foreclosure process" means the property received a notice of default (NOD) from a lender and the default was not cured by the property owner or completed a foreclosure (real estate owned or REO), as well as properties that were sold through trustee sale (strict foreclosure), short sale (preceded by a notice of default), judicial foreclosure, or transferred to the lender or other party through a deed in lieu of foreclosure, or other similar transfers, notwithstanding that the property may have been transferred to another party after the foreclosure process.

"Immediate family" means a child, spouse, sibling, grandchild, grand parent, parent of a title holder to the property, including adoptive and step relationships.

"Oakland Building Construction Code" means Chapter 15.04 of the Oakland Municipal Code, as may be amended from time to time.

"Oakland Building Maintenance Code" means Chapter 15.08 of the Oakland Municipal Code, as may be amended from time to time.

"Oakland Fire Code" means Chapter 15.12 of the Oakland Municipal Code, as may be amended from time to time.

"Oakland Planning Code" means Title 17 of the Oakland Municipal Code, as may be amended from time to time.

"Oakland Property Maintenance Code" means Chapter 8.24 of the Oakland Municipal Code, as may be amended from time to time.

"Occupancy category" has the same meaning as set forth in Chapter 2 - Definitions of the Oakland Building Construction Code.

"Occupant" means one or more individuals having legal right to occupy a specific building or portion thereof.

"Occupied" means the lawful physical presence of an occupant on a continuing and non-transient basis.

"Owner" means any individual, group of individuals, co-partnership, association, corporation, limited liability company, trustor fiduciary having legal or equitable title or any interest in the acquired property or portion thereof.

"Owner-occupied" means that a property was acquired with the intent to occupy within six months of the date of acquisition and for at least a year thereafter as the primary residence by any of the following:

• An individual who holds title to the property;

• By a member of the immediate family of an individual who holds title to the property;

• By an individual who is the trustor or beneficiary of a trust established for estate planning purposes that owns the property.

"Primary residence" means that the occupant would be eligible for a homeowner property tax exemption and does not have an equivalent exemption on any other real property.

"Property" means a single parcel with four or fewer lawful dwelling units that are building-residential.

"Purchaser" means the new owner.

"Shall/will" means a definitive directive which includes the ordinary accepted meaning of the word "must."

"Substandard violation" means an unsafe condition as set forth in Article X - Substandard and Public Nuisance Definitions of the Oakland Building Maintenance Code.

(Ord. No. 13141, § 2, 11-13-2012)

Where terms are not defined in this Chapter, they shall have their ordinary accepted meanings within the context with which they are used.

(Ord. No. 13141, § 2, 11-13-2012)