§ 113.4 — Oakley Municipal Code

Section 113.4.4 Summary abatement.¶

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City of Oakley, CA § 7.2.112

OAKLEY CODE

§ 7.2.112

(a) If a declared dangerous structure or public nuisance is not completely abated by the owner of the property within the time prescribed, the Chief Building Official or authorized agent may request from the Council the authority and funding to cause the dangerous structure or declared public nuisance to be abated by county personnel or private contract. In furtherance of this section, the Chief Building Official or designee is expressly authorized to enter upon the premises for the purpose of abating the dangerous structure or declared public nuisance.
(b) Where required by state or federal law, a warrant shall be obtained prior to entry onto the premises for the purpose of abating the nuisance, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under state or federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant 24 hours prior to the entry, unless the warrant provides otherwise.

Section 113.4.5 Cost of abatement. The Chief Building Official or his designee shall keep an accounting of the costs and expenses of abating such dangerous structure or declared public nuisance, and shall render a statement of such costs to the person or persons receiving the notice and order.

(a) Such person or persons receiving the notice and order shall be liable to the City for any and all costs and expenses to the City involved in abating the dangerous structure or declared public nuisance.
(b) Costs and expenses as referred to in this section shall include, but are not limited to, any and all direct costs related to personnel salaries and benefits, operational overhead, fees for experts, consultants or contractors, legal costs or expenses including attorney fees, claims against the county arising as a consequence of the dangerous structure or declared public nuisance and procedures associated with collecting moneys due hereunder.

Section 113.4.6 Assessment of Costs-Lien against property. The total cost of abating a dangerous structure or declared public nuisance shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment.

(a) After such recordation, a copy of the lien may be turned over to the County Auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(b) After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Section 113.4.7 Alternative enforcement. Nothing in this chapter shall be deemed to prevent the City Attorney from commencing with any other available civil or criminal proceedings to abate a dangerous structure or declared public nuisance under

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City of Oakley, CA

BUILDING AND HOUSING REGULATIONS

§ 7.2.112

§ 7.2.116

applicable provision of state law as an alternative to the proceedings set forth in this chapter.

1. Section 202, General Definitions, is amended to include the following definitions to be incorporated in alphabetical order:

PUBLIC NUISANCE. Shall mean anything which;

(a) Is injurious to health or is indecent or offensive to the senses or any obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; and
(b) Affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

"Public nuisance" shall include, but not be limited to the following;

(c) Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells or shafts;
(d) Whatever is dangerous to human life or is detrimental to health and safety as determined by the code official; and
(e) Inadequate or unsanitary sewage or plumbing facilities.
1. Section 302, Exterior property areas, subsections 302.4, Weeds, and 304.14, Insect screens, are amended as follows:

Section 302.4-Weeds Insert 6 inches.

Section 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

1. Section 602, Heating facilities, is amended to repeal the exception listed for Section 602.2, Residential occupancies, Section 602.3, Heat supply, and Section 602.4, Occupiable work spaces.
(Ord. 13-14, 9/9/2014; Ord. 23-16, 12/13/2016; Ord. 16-19, 11/12/2019)