Oakland Municipal Code Art. V Enforcement

The owner shall comply fully and in all instances with the provisions of this Chapter and with all other applicable requirements of ordinances of the City, regulations of the Oakland Municipal Code, statutes of the State of California and the United States Code of Regulations, and decisions, rulings, and orders of courts of competent jurisdiction, including, but not limited to, Oakland Municipal Code Chapters 8.22 - Residential Rent Adjustments and Evictions, and 15.60 - Code Enforcement Relocation Program.

(Ord. No. 13141, § 2, 11-13-2012)

A. General. The failure of an owner to comply fully with the provisions of this Chapter shall be a separate violation for each property and shall be immediately subject to abatement actions and fees, assessment of penalties and fines, and collection actions provided herein. Each and every day a violation of any provision of this Chapter exists shall constitute a separate and distinct offense. The owner shall remain liable for any violation of this Chapter even though the owner, by agreement, has imposed such duties on another individual, group, firm, or other entity and shall remain responsible for any violation that occurred during the period of ownership, notwithstanding that owner transfers the property.

B. Remedies. Remedies provided in this Chapter for violations are in addition to and do not supersede or limit any other remedies, whether civil or criminal, including demolition or receivership of any property by the City. The remedies provided for herein shall be cumulative and not exclusive.

C. Notification. The owner shall be notified of a violation in accordance with the provisions for notification for abatement of violations, as set forth in Article II of Chapter 15.08 of this Code.

D. Recordation. Notice of violations of the provisions of this Chapter may be filed with the Alameda County Clerk-Recorder for recordation on the property's title.

E. Right of Entry. When it is necessary to make an inspection to enforce the provisions of this Chapter, or when the Building Official has reasonable cause to believe that there exists on the building or upon a premises a condition that is contrary to or in violation of this Chapter that makes the property unsafe, dangerous or hazardous, the Building Official and the Fire Marshal may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Chapter, provided that if such building or structure or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied and secured against entry, the Building Official and the Fire Marshal shall first make a reasonable effort to locate the record owner of the property or other adult person having lawful charge or control of the building or structure or premises and request entry. If such entry is refused, the Building Official and the Fire Marshal shall have recourse to the remedies provide by law to secure entry.

No person authorized by this Chapter to enter buildings shall enter an occupied unit or space or other non-public area without the consent and presence of the owner or the owner's designated agent or the lawful and adult occupant of the unit or space or other non-public area or without a proper written order executed and issued by a court having jurisdiction to issue the order.

F. Inspection. Buildings, structures, or portions thereof, and real property within the scope of this Chapter and all construction or work for which a permit is required shall be subject to inspection by the Building Official and the Fire Marshal in accordance with and in the manner provided by this Chapter, the Oakland Building Maintenance Code, the Oakland Building Construction Code, the Oakland Property Maintenance Code, the Oakland Fire Code, and the Oakland Planning Code.

(Ord. No. 13141, § 2, 11-13-2012)

A. Fees. The fees and costs incurred and the interest accrued in repairing, cleaning, remediating, removing, or demolishing a building, structure, or real property, including costs incurred in securing a building, structure, or real property from unauthorized access, and in ascertaining violations or affecting abatement thereof and in collecting such fees, costs, penalties, citations, and accruing interest shall be charged against the property and owner.

Such fees, costs, and accruing interest shall be as established in the master fee schedule and may be recovered by all appropriate legal means, including, but not limited to, nuisance abatement lien, priority lien and special assessment of the general tax levy, and civil and small claims court action brought by the City and combinations of such actions.

The City may recover from the owner all costs incurred for processing and recording of such notices, liens, and special assessments authorized by this Chapter and for providing notice to the owner as part of its abatement action or for other actions to enforce such liens and special assessments and to recover costs incurred, including attorneys' fees.

B. Penalties. The assessment of civil penalties as set forth in Chapter 1.08 and administrative citations as set forth in Chapter 1.12 of this Code shall apply to the enforcement of violations of the provisions of this Chapter.

C. Interest. Unpaid amounts shall be subject to the assessment of accruing interest as established in the master fee schedule.

D. Collection.

1. The City may serve a demand (invoice) to the owner for payment of fees, costs, penalties, citations, and accruing interest by mailing with regular postage to the address identified on the statement of registration, or when such statement has not been filed, to the address as it appears on the last equalized assessment roll of the Alameda County Assessor, or such address as otherwise may be known to the City. Whenever such amounts are not fully paid within 14 calendar days of service, the City may recover unpaid amounts by all available legal means including, but not limited to, civil and small claims court action, and may undertake collection by one or more of the following means:

a. Priority Lien. The City may file a priority lien with the Alameda County Clerk-Recorder for recordation on the property title which shall be remain as a financial encumbrance until such unpaid amounts with accrued interest have been fully paid. The amount of such lien shall draw interest thereon at a rate as established in the master fee schedule or such higher rate as may be established by the Alameda County Assessor for collection of municipal and county taxes from and after the date of service of such demand. The statute of limitations shall not run against the right of the City to enforce payment.

b. Special Assessment of the General Levy. The City may transmit such unpaid amounts with accrued interest to the Alameda County Assessor, who shall thereupon enter a special assessment of the general levy taxes on the County Assessment Book opposite the description of the particular lot or parcel of land, and such special assessment shall be collected together with all other taxes levied against the property. Such special assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale, in the case of delinquency, as provided for all other municipal and county taxes against the property, and all laws applicable to the levy, collection, and enforcement of general property taxes are hereby made applicable to such special assessment.

c. Nuisance Abatement Lien. The City may file a nuisance abatement lien with the Alameda County Clerk-Recorder for recordation on the property title which shall, from the date of recordation, have the force, effect, and priority of a judgment lien. Such nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

2. The City may recover from the owner the costs incurred for processing such demands and liens and non-sufficient funds checks, recording such liens, transferring such special assessments, providing notice for court, collection or foreclosure actions, for other recovery actions, and for reasonable attorneys' fees.

(Ord. No. 13141, § 2, 11-13-2012)

Pursuant to State law, actual notice of the assessment of fees, costs, penalties, and citations shall be established on the date the City notifies the owner of such assessment. Constructive notice of the pendency of a collection action for an assessment to all other interested parties shall be established on the date a lien is recorded by the Alameda County Clerk-Recorder. A subsequent owner of a building without actual or constructive notice of the assessment under this Chapter shall not be liable for such assessment.

(Ord. No. 13141, § 2, 11-13-2012)