Oakland Municipal Code Art. II Miscellaneous

Where a conflict exists between the requirements in this Chapter and applicable requirements contained in other chapters of this Code and/or the Planning Code, the applicable requirements of this Chapter shall prevail.

(Ord. No. 13385, § 3, 7-19-2016)

The City Administrator is hereby authorized to adopt rules and regulations consistent with this Chapter as needed to implement this Chapter, subject to the review and approval of the Office of the City Attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this Chapter, and make such interpretations of this Chapter as he or she may consider necessary to achieve the purposes of this Chapter. Within sixty (60) days of the adoption by the City Administrator of any rules and regulations or written interpretation implementing this Chapter, the City Administrator shall submit those rules and regulations or written interpretation to the City Council, for informational purposes.

(Ord. No. 13385, § 3, 7-19-2016)

A. Failure to comply with any of the provisions of this Chapter is declared to be prima facie evidence of an existing major violation and shall be abated by the City Administrator in accordance with the provisions of this Chapter. Any person in violation will be subject to civil penalties, civil action and/or other legal remedies.

B. If an owner or operator fails to comply with any provisions of this Chapter, the City may take any of the following actions:

1. Withhold issuance of any planning and/or building-related permits;

2. Record a special assessment or other lien or liens against the real property;

3. Revoke or suspend the temporary certificate of occupancy and/or certificate of occupancy and/or planning-related permits;

4. Assess civil penalties against an owner or operator who fails to comply with this Chapter, pursuant to Chapter 1.08 of this Code, and/or enforce any violation as a misdemeanor or by administrative citation per Chapters 1.12 or 1.28 of this Code; and/or

5. Take any other action necessary and appropriate to abate the violation.

Violations of this Chapter are considered to be "major" pursuant to Subsection 1.08.040D of this Code. The daily civil penalties described in Subsection 4. above shall continue until the violations are cured. Civil penalties authorized 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. 13385, § 3, 7-19-2016)