Sections:
14.04.010 - Title—Uniform Sign Code.
14.04.020 - Changes, additions and deletions.
14.04.030 - Section 101 amended.
14.04.040 - Section 102 amended.
14.04.050 - Section 103(c) amended.
14.04.060 - Section 103(d) amended.
14.04.070 - Section 202 amended.
14.04.080 - Section 206.1 added.
14.04.090 - Section 207.1 added.
14.04.100 - Section 212 amended.
14.04.110 - Section 215 amended.
14.04.120 - Section 304 amended.
14.04.130 - Section 307 added.
14.04.140 - Section 401(c) amended.
14.04.150 - Section 402(a) amended.
14.04.160 - Section 402(c) amended.
14.04.170 - Section 403(a) amended.
14.04.180 - Section 403(d) amended.
14.04.190 - Section 503(b) amended.
14.04.200 - Section 803(b) amended.
14.04.210 - Section 903 amended.
14.04.220 - Section 1003(b) amended.
14.04.230 - Section 1103(b) amended.
14.04.240 - Table 4-B amended.
14.04.250 - Table 4-C deleted.
14.04.260 - Section 1302 amended.
14.04.290 - Violations and penalties.
14.04.010 - Title—Uniform Sign Code.
A.
This title shall be known as the "Oakland Sign Code," may be cited as such, and will be referred to herein as "this title" or "this code."
B.
The Uniform Sign Code, Copyright 1976 by International Conference of Building Officials, copies of which have been placed on file with the City Clerk for use and examination by the public and by Resolution No. 56311 C.M.S. declared to be public records, as the Uniform Sign Code has been deleted, changed and supplemented with approval of this Council, and each and all of the regulations, provisions, conditions, requirements and terms thereof are adopted as Oakland sign code for regulating the design, quality of materials, construction, location, electrification, and maintenance of all sign and sign structures not located within a building in the city of Oakland, and by this reference is incorporated herein and made a part hereof to the same effect as though set forth herein in full.
(Ord. 9468 § 1, 1977)
14.04.020 - Changes, additions and deletions.
The changes, additions and deletions in the copies of the Uniform Sign Code placed on file with the City Clerk, hereinafter set forth and designated, are approved and adopted.
(Ord. 9468 § 2 (part), 1977)
14.04.030 - Section 101 amended.
Section 101 is changed to read as follows:
Sec. 101. This Ordinance shall be known as the Oakland Sign Code, may be cited as such, and will be referred to herein as "this Ordinance" or "this Code." Where reference is made to the Uniform Building Code, it shall mean the Oakland Building Code.
(Ord. 9468 § 2 (part), 1977)
14.04.040 - Section 102 amended.
The third paragraph of Section 102 is amended to read as follows:
The regulations of this Code are not intended to permit any violation of the provisions of any other lawful City ordinance, or State or Federal law.
(Ord. 9468 § 2 (part), 1977)
14.04.050 - Section 103(c) amended.
Section 103(c) is changed to read as follows:
Sec. 103(c). Appeals. The Board of Examiners and Appeals created by virtue of Section 204 of the Oakland Building Code shall have the same powers and exercise the same function with respect to the Oakland Sign Code as it presently has and exercises with respect to the Oakland Building Code.
(Ord. 9468 § 2 (part), 1977)
14.04.060 - Section 103(d) amended.
Section 103(d) is changed to read as follows:
SECTION 103(d). VIOLATIONS AND PENALTIES
a. It shall be unlawful for any person, firm or corporation to construct, locate, electrify, or maintain any sign or sign structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this code.
b. Any person, firm or corporation violating any provisions of this code shall be deemed guilty of an infraction unless otherwise provided in this Code.
c. Each, person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.
d. In addition to the penalties here and above provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be by the City of Oakland summarily abated as such.
e. Any person convicted of an infraction under the provisions of this code shall be punishable upon a first conviction of a fine of not more than $50.00, and for a second conviction within a period of one year by a fine of not more than $100.00, and for a third or any subsequent conviction within a one year period by a fine of not more than $250.00. Any violation beyond the third conviction within a one year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail for a period of not more than six months or by both.
f. In addition to the punishment provided by law, a violator is liable for such costs, expenses and disbursements paid or incurred by the City or any of its contractors in correction, abatement and prosecution of the violation.
g. Pursuant to section 836.5 of the California Penal Code, the Chief Building Inspector or his authorized representatives are hereby authorized to enforce this Code and arrest violators thereof.
h. The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this code in addition to those officers enumerated in subsection g. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.
(Ord. 10443 § B, 1984: Ord. 9468 § 2 (part), 1977)
14.04.070 - Section 202 amended.
Section 202 is changed to read as follows:
Sec. 202. ADVERTISING SIGN is any sign, poster, placard, device, graphic display, or any other form of advertising promoting the sale of a commodity which is not sold, produced, conducted, or offered by any activity on the same lot.
(Ord. 12085 § 1, 1998: Ord. 12025 § 2, 1997)
14.04.080 - Section 206.1 added.
Section 206.1 is added to read as follows:
Sec. 206.1. Freeway. The term "Freeway" shall be deemed to mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.
(Ord. 9468 § 2 (part), 1977)
14.04.090 - Section 207.1 added.
Section 207.1 is added to read as follows:
Fire-Retardant Treated Wood is lumber or plywood impregnated with chemicals and when tested in accordance with U.B.C. Standard No. 42-1 for a period of 30 minutes, shall have a flame spread of not over 25 and show no evidence of progressive combustion. Materials which may be exposed to the weather shall maintain this fire-retardant classification when tested in accordance with the rain and weathering tests of U.B.C. Standard No. 32-7.
All materials shall bear identification showing the fire performance rating thereof and, if intended for exterior use, shall be further identified to indicate suitability for exposure to the weather. Such identifications shall be issued by an approved agency having a service for inspection of materials at the factory.
(Ord. 9468 § 2 (part), 1977)
14.04.100 - Section 212 amended.
Section 212 is amended to add:
PERSON is any individual, firm, organization, corporation, partnership, cooperative, association, receiver, trustee, assigns, public or private entity, or other legal entity.
PUBLICLY VISIBLE LOCATION is any location that is open to or visible to the public from any street, sidewalk, or other public thoroughfare, and shall include the placement of outdoor signs such as billboards, signs attached to the sides of buildings, signs attached to poles, posts or other figures, and freestanding signboards on the sidewalk.
(Ord. 12025 § 3, 1997)
14.04.110 - Section 215 amended.
Section 215 is amended to add:
Sec. 215. TOBACCO PRODUCTS are any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco; cigarette papers; or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance.
(Ord. 12025 § 4, 1997)
14.04.120 - Section 304 amended.
Section 304 is changed to read as follows:
Sec. 304. Checking Fees and Permit Fees. A checking fee and permit fee for each sign permit shall be paid to the Building Official. Such fees shall be established by the Master Fee Schedule.
A determination of valuation under any of the provisions of this Code shall be made by the Building Official.
Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees established by the Master Fee Schedule shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.
(Ord. 9468 § 2 (part), 1977)
14.04.130 - Section 307 added.
Section 307 is added to read as follows:
Sec. 307. Expiration. Every sign permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall first be obtained so to do and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year.
(Ord. 9468 § 2 (part), 1977)
14.04.140 - Section 401(c) amended.
The title and first paragraph of Section 401(e) are changed to read as follows:
Sec. 401(e). Allowable Stresses; Structural Design. Structural design shall conform to the requirements of the Oakland Building Code.
(Ord. 9468 § 2 (part), 1977)
14.04.150 - Section 402(a) amended.
Section 402(a) is amended to add:
Lights used for illuminating signs not herein classified as electric signs may extend over the sidewalk for a distance not to exceed four (4) feet beyond the property line, provided such lights are installed with a vertical clearance of at least ten (10) feet above the sidewalk.
(Ord. 9468 § 2 (part), 1977)
14.04.160 - Section 402(c) amended.
Section 402(c) is changed to read as follows:
Sec. 402(c). Restrictions on Combustible Materials. All signs and sign structures erected in Fire Zone No. 1 shall have structural members of non-combustible material.
Ground signs may be constructed of any material meeting the requirements of this Code, except as provided above.
Combination signs, roof signs, wall signs more than sixteen (16) square feet, and signs on marquees shall be constructed of noncombustible materials, except as provided in subsection (d) of this Section. No combustible materials other than approved plastics shall be used in the construction of electric signs.
EXCEPTION: Use of fire-retardant treated wood or other alternate methods or materials may be substituted for non-combustible materials in non-electric signs only, when approved by Building Official and Fire Marshal.
(Ord. 9468 § 2 (part), 1977)
14.04.170 - Section 403(a) amended.
Section 403(a) is changed by deletion of the words "and No. 4-C."
(Ord. 9468 § 2 (part), 1977)
14.04.180 - Section 403(d) amended.
Section 403(d) is changed to read as follows:
Sec. 403(d). Obstruction of Openings. No sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by any law or ordinance.
(Ord. 9468 § 2 (part), 1977)
14.04.190 - Section 503(b) amended.
Section 503(b) is changed to read as follows:
Sec. 503(b). Thickness. The thickness of that portion of a fin sign which projects over public property shall not exceed a maximum of three feet (3′).
(Ord. 9468 § 2 (part), 1977)
14.04.200 - Section 803(b) amended.
Section 803(b) is changed to read as follows:
Sec. 803(b). Clearance and Access. Roof signs exceeding five feet (5′) in height shall have vertical clearance above the roof directly beneath not less than five feet (5′) with vertical supports at least six feet (6′) apart. No less than fifty percent (50%) of the spaces so defined shall be and remain clear of obstruction. The face of such sign shall be set back at least three feet (3′) from the inside of the parapet, or wall adjacent thereto, and the ends of the sign shall be not less than one foot (1′) inside the inside face of the parapet or wall adjacent to such end.
(Ord. 9468 § 2 (part), 1977)
14.04.210 - Section 903 amended.
Section 903 is changed to read as follows:
Sec. 903. No wall sign shall have a projection over public property greater than the distances set forth in Table No. 4-B, except that working platforms for the servicing and maintenance of such signs may extend a distance not to exceed thirty-six (36″) inches if not less than fourteen feet (14′) above the sidewalk.
Wall signs not exceeding one-third (1/3) the length of the wall on which attached may extend a maximum of six feet (6′) above the top of the wall.
(Ord. 9468 § 2 (part), 1977)
14.04.220 - Section 1003(b) amended.
Section 1003(b) is changed to read as follows:
Sec. 1003(b). Thickness. The thickness of a projecting sign shall not exceed three feet (3′).
(Ord. 9468 § 2 (part), 1977)
14.04.230 - Section 1103(b) amended.
Section 1103(b) is changed to read as follows:
Sec. 1103(b). Thickness. The thickness of that portion of a combination sign which projects over public property shall not exceed a maximum of three feet (3′).
(Ord. 9468 § 2 (part), 1977)
14.04.240 - Table 4-B amended.
Table 4-B, Projection of signs, is changed to read as follows:
TABLE 4-B - PROJECTION OF SIGNS
(Ord. 9468 § 2 (part), 1977)
14.04.250 - Table 4-C deleted.
Table 4-C, Thickness of projecting sign, is deleted.
(Ord. 9468 § 2 (part), 1977)
14.04.260 - Section 1302 amended.
Section 1302 is changed to read as follows:
Sec. 1302(a). Construction and Installation. Electric signs shall be constructed and installed in accordance with the requirements of the Electrical Ordinance of the City of Oakland (Chapter 9 of the Oakland Municipal Code) and the rules and regulations prescribed and established pursuant thereto (Electrical Code).
(b). Erector's Name. Every electric sign shall have placed within easy view the following information:
1. Name of sign erector
2. Date of erection
3. Electrical power consumption (in amperes)
4. Lamp complement
Such information shall be in sufficient size and contrast to be readable from a reasonable distance. Failure to provide such information shall be grounds for rejection of the sign by the Building Official.
(Ord. 9468 § 2 (part), 1977)
Chapter 15 is added to read as follows:
CHAPTER 15
SIGNS ADJACENT TO FREEWAYS
Sec. 1501. Signs Prohibited Adjacent to Freeways. No sign shall be erected, constructed, relocated or maintained in the City of Oakland if such sign is designed to have or has the advertising thereon maintained primarily to be viewed from a freeway, provided that the provisions of this section shall not apply to any sign constructed, painted or maintained on which the advertising is limited to one or all of the following:
1. The name of the person, firm or corporation occupying the premises and the type of business conducted by such person, firm or corporation.
2. The name of the product manufactured on the premises.
3. A sign not exceeding six square feet in area appertaining only to the lease, hire, sale, or display of the building or premises.
4. Time and temperature units.
5. New, relocated or wholly reconstructed advertising signs in the M-40 Heavy Industrial Zone as part of a billboard relocation agreement authorized by the City of Oakland or Oakland Redevelopment Agency prior to November 18, 1997 provided further that the restrictions contained in Ordinance No. 12025 C.M.S., as amended by Ordinance No. 12085 C.M.S., shall apply so that there shall be no increase in the number of billboard faces allowed to promote the sale of Tobacco Products or Alcoholic Beverages, regardless of the location of said billboard faces.
6. Relocated or wholly reconstructed advertising signs pursuant to a franchise agreement or relocation agreement authorized by the City Council, which expressly allows advertising signs and then only under the terms and conditions of such agreements.
Sec. 1502. Existing Signs Not Conforming to Sec. 1501. Any sign which does not conform to the provisions of Sec. 1501, but which conformed to the rules and regulations in effect at the time of its erection, shall be deemed a nonconforming sign and may exist, except that:
(a) Within three years from the effective date of the rule or regulation rendering such sign illegal; or within three years from the date of a freeway, or portion thereof, is opened to public travel; or, as to any such sign which is being maintained pursuant to the terms of a written lease with a sign company, within the term of said lease or within five years from the vacation or change of occupancy of the premises upon which said sign is located, whichever date shall occur first; all such nonconforming signs shall be removed, or shall be rearranged or relocated so as to eliminate any conflict with the provisions of said section; provided, however, that any existing sign which has been permitted by a variance granted by the City Council, prior to the adoption of these provisions, shall not be required to be so removed, rearranged, or relocated until within three years from the date of a freeway, or portion thereof, from which such sign is viewed, has been landscaped. For the purposes of this section, a landscaped freeway shall be deemed to mean a section or sections of a freeway which has or have been improved by the planting, on at least one side of the freeway right-of-way, of lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance. Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped free-way. The Building Official and Director of City Planning and Traffic Engineer shall determine by a majority decision whether any sign is nonconforming as herein provided.
(b) No such nonconforming sign shall be altered, reconstructed, or relocated unless the same when so altered, reconstructed or relocated will not be in conflict with any of the provisions and will conform with all the requirements of Section 1501.
For the purposes of this section only, the terms "altered", "reconstructed" or "maintained" shall not include normal maintenance; changing of the surface sign space, ornamental moulding, pilasters or ornamental features below the base line; or the addition, construction, installation or changing of electrical wiring or electrical devices, backgrounds, letters, figures, characters, or representation in cutout or irregular form.
Sec. 1503. Signs Constituting Hazard to Freeway Traffic. No sign constructed, painted or maintained on any building which is permitted by Sections 1501 and 1502 of this Code shall be permitted in any event if it, because of its location, size, nature or type constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon a freeway, or creates a condition which endangers the safety of persons or property thereon.
Sec. 1504. Statement in Application. Every application for a sign shall contain a statement by the applicant that said sign is not designed to have or has the advertising thereon maintained primarily to be viewed from a freeway, or that if said sign is so designed it falls within one or more of the exceptions provided for in Section 1501.
Sec. 1505. Consideration of Application by Building Official, Traffic Engineer and Director of City Planning. Every application for a sign shall be considered by the Building Official, Traffic Engineer and Director of City Planning for the purpose of determining whether or not the proposed sign falls within the prohibitions of Section 1501 or Section 1503. This determination shall be by a majority decision.
Sec. 1506. Appeal to City Council. Any person aggrieved by the decision of the Building Official, Traffic Engineer and Director of City Planning made pursuant to the provisions of Sections 1502, 1503 and 1505 may appeal to the City Council. The appeal shall be filed with the City Clerk within ten days from the date of decision. The Clerk shall, with the approval of the Council, set the time and place of hearing, and give notice thereof to all interested parties. The Council shall fully advise itself in the premises and render its decision affirming, modifying, or reversing the determination of the Building Official, Traffic Engineer, and Director of City Planning. The Council's decision shall be final.
(Ord. 12425 § 3, 2002; Ord. 12234 § 5, 2000; Ord. 9468 § 2 (part), 1977)
Chapter 16 is added to read as follows:
Chapter 16
RESTRICTING THE PLACEMENT OF OUTDOOR ADVERTISEMENTS FOR ALCOHOLIC BEVERAGES AND TOBACCO PRODUCTS AND ESTABLISHING ENFORCEMENT PROCESSES
Purpose
Sec. 1601. The primary purpose of this Section is to promote the general welfare and reduce illegal consumption and purchase of Alcoholic Beverages and Tobacco Products by minors. This is accomplished by limiting the exposure of minors to Publicly Visible Advertisements of Alcoholic Beverages and Tobacco Products.
Restrictions
Sec. 1602. Outdoor Advertising of Alcoholic Beverages or Tobacco Products. No Person may place any Advertising Sign promoting the sale of Alcoholic Beverages or Tobacco Products in Publicly Visible Locations.
Exceptions
Sec. 1603. Exceptions.
(a) The provisions of Section 1602 shall not apply to:
1. Any sign located on a property designated with one of the following General Plan Land Use categories:
Business Mix
General Industrial/Transportation
Mixed Use Waterfront/Estuary Plan Area
Regional Commercial
And that portion of the Central Business District, bound by Castro Street, 11th Street, Franklin Street, 13th Street, Harrison Street, Grand Avenue, Telegraph Avenue, Broadway, 14th Street to Castro Street.
Except that no alcohol or tobacco Advertising Sign in these areas shall face into other adjoining land use designations and that no alcohol or tobacco Advertising Sign shall be placed within 1,000 ft. of schools, City-owned youth recreation centers, licensed child care facilities, places of worship, and Raimondi Field.
2. The placement of Signs: (a) inside premises that lawfully sell Alcoholic Beverages or Tobacco Products, including without limitation, any neon or electrically charged Sign that is provided as part of a promotion of a particular brand of product; (b) on commercial vehicles used for transporting Alcoholic Beverages or Tobacco Products; or (c) in conjunction with a one-day Alcoholic Beverage sales license or temporary license issued by the California Department of Alcoholic Beverage Control;
3. Any Sign that contains the name or slogan of a business that sells Alcoholic Beverages or Tobacco Products that has been placed for the purpose of identifying the business;
4. Any Advertising Sign that does not refer to a specific brand of Alcoholic Beverages or Tobacco Products;
5. Any Advertising Sign on a taxicab;
6. Any Advertising Sign adjacent to and facing an interstate highway.
(b) This section shall not be construed to permit any Advertising Sign that is otherwise restricted or prohibited by law.
Public Service Advertising
Sec. 1604. Construction. This Chapter shall be construed to apply only to Commercial Speech.
Sec. 1605. Administrative Enforcement. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be subject to procedures contained in the Municipal Code Chapter 1.08; Chapter 1.12; and Chapter 1.16.
Sec. 1606. Administrative Penalties. When an Authorized Enforcement Official finds that a violation of this Chapter has taken place or is likely to take place, the Enforcement Official may assess: a) civil penalties pursuant to the standards and procedures established in Chapter 1.08 of the Oakland Municipal Code; b) administrative citations pursuant to the standards and procedures established in Chapter 1.12 of the Oakland Municipal Code; and/or c) property use limitations pursuant to the standards and procedures established in Chapter 1.16 of the Oakland Municipal Code; and any amendments or revisions thereto.
Sec. 1610. Civil Actions. In addition to other remedies provided in this Chapter, any violation of this Chapter may be enforced by a civil action brought by the City. In such action, the City may seek, and the Court shall grant, as appropriate, any or all of the following remedies:
a) A temporary and/or permanent injunction;
b) Assessment of the violator for costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for reasonable costs of preparing and bringing legal action under this subsection, including but not limited to attorney compensation;
c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.
Sec. 1611. Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.
Sec. 1612. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.
Reinspection Fees
Sec. 1613. Reinspection Fees. Whenever an Authorized Enforcement Official determines that upon reinspection of the premises there has been a failure to comply with any orders, notices or directions of the City, the Enforcement Official may charge a reinspection fee.
Remedies Not Exclusive
Sec. 1614. Remedies Not Exclusive. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. The Enforcement Official shall have the discretion to select a particular remedy to further the purposes and intent of the Chapter, depending on the particular circumstances. The Enforcement Official's decision to select a particular remedy is not subject to appeal.
Joint and Several Liability
Sec. 1615. Joint and Several Liability. The property owner and the Advertising Sign owner/operator shall be jointly and severally liable for violations of this Chapter.
Disclaimers
Sec. 1616. Disclaimers. By prohibiting the advertising or promotion of alcoholic beverages and tobacco products in outdoor or publicly visible locations, the City of Oakland is assuming an undertaking only to promote the general welfare by discouraging and reducing the illegal purchase and consumption of alcoholic beverages and tobacco products to minors. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
Severability and Validity
Sec. 1617. Severability and Validity. If any portion of this Chapter or the application thereof to any person or circumstances is declared invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Chapter and the application of such portions to other persons or circumstances are to be considered valid. To this end, the provisions of this Chapter are severable.
(Ord. 12085 §§ 2—4, 1998; Ord. 12025 § 5, 1997)
14.04.290 - Violations and penalties.
A.
It is unlawful for any person, firm or corporation to construct, locate, electrify, or maintain any sign or sign structure in the city or cause the same to be done contrary to or in violation of any of the provisions of this code.
B.
Any person, firm or corporation violating any provisions of this code shall be deemed guilty of an infraction unless otherwise provided in this code.
C.
Each, person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.
D.
In addition to the penalties here and above provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be by the city of Oakland summarily abated as such.
E.
Any person convicted of an infraction under the provision of the code shall be punishable upon a first conviction by a fine of not more than one hundred dollars ($100.00) and, for a second conviction within a period of one year, by a fine of not more than two hundred dollars ($200.00) and, for a third or any subsequent conviction within a one-year period, by a fine of not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six months or by both.
F.
In addition to the punishment provided by law, a violator is liable for such costs, expenses and disbursements paid or incurred by the city or any of its contractors in correction, abatement and prosecution of the violation.
G.
Pursuant to section 836.5 of the California Penal Code, the Chief Building Inspector or his authorized representatives are authorized to enforce this Code and arrest violators thereof.
H.
The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this code in addition to those officers enumerated in subsection G of this section. Officers or employees so designated shall have the authority to arrest persons who violate any of the provisions.
(Ord. 11002 § 1, 1988; Ord. 10443 (part), 1984: 9468 § 5, 1977)