Sections:
1.12.070 - Administrative expenses.
1.12.080 - Administrative appeal.
1.12.090 - Remedies not exclusive.
The purpose of this chapter is to provide for the protection, health, safety, and general public welfare of the residents of the city and to preserve the livability, appearance, property values, and social and economic stability of the city by providing an alternative method of code enforcement to effect abatement of violations of the laws, codes, ordinances and regulations identified in this chapter.
(Ord. 12550 § 2 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-7.01)
A.
This chapter authorizes the administrative assessment of citations to effect abatement of:
1.
Any violations of the following provisions of the Oakland Municipal Code: the Oakland Building Code (CIVIC Chapter 15.04), the Oakland Housing Code (OMC Chapter 15.08), Uniform Fire Code (CIVIC Chapter 15.12), Fire Damaged Area Protection & Improvement Code (CIVIC Chapter 15.16) Bedroom Window Security Bar & Smoke Detector Permit Code (CIVIC Chapter 15.64), Oakland Planning Code (CIVIC Title 17), Oakland Sign Code (OMC Chapter 146), Transient Occupancy Tax Code (OMC Chapter 4.24), Hotel Rates & Register Code (CIVIC Chapter 5.34), Animal Code (OMC Title 6), Health & Safety Code (OMC Title 8), Public Peace, Morals and Welfare Code (OMC Title 9), Vehicles and Traffic Code (OMC Title 10), Streets, Sidewalks & Public Places Code (OMC Title 12) and Creek Protection, Storm Water Management and Discharge Control Code (OMC Chapter 13.16); or
2.
The occurrence of anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, which 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; or
3.
The occurrence of any public nuisance as known at common law or in equity jurisprudence.
4.
The violation of any state or federal law or regulations under which such violation is deemed a public nuisance.
B.
Administrative citations established in this chapter are in addition to any other administrative or legal remedy which may be pursued by the city to address violations of the codes and ordinances identified in this chapter.
(Ord. 12550 § 2 (part), 2003: Ord. 12401 § 1 (part), 2002; Ord. 12025 § 7, 1997; Ord. 12019 § 4, 1997; Ord. 11982 § 6, 1997; Ord. 11805 § 1 (part), 1995: prior code § 1-7.02)
A.
Violation. A violation shall exist whenever any provision of the codes and ordinances identified in this chapter has been violated or the real property or structure thereon identified with the violation has been declared and remains a public nuisance.
B.
Public Nuisance. For the purposes of this chapter, a public nuisance shall exist whenever a condition on a property is maintained in violation of codes and ordinances identified in this chapter or in violation of California Civil Code Sections 3479 and 3480, or at common law or in equity jurisprudence. A public nuisance shall also exist whenever a condition so identified is corrected but recurs, and continues as a recurrent problem.
C.
Responsible Department. The responsible department shall be the city department, its Director or Deputy Director, or other person so designated either by the City Manager or code or ordinance as responsible for enforcement of the provisions of the codes and ordinances identified in this chapter.
D.
Responsible Person. The responsible person shall be a natural person, heirs, executors, administrators, or assigns, firm, partnership, or corporation, its heirs or their successors or assigns, or the agent of any of the aforesaid, responsible for the creation, existence, commission, and/or maintenance of a violation of the codes and ordinances identified in this chapter.
(Ord. 12550 § 2 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-7.03)
A.
Whenever any provision of the codes and ordinances identified in this chapter has been violated, administrative citations may be assessed to affect abatement
B.
The City Manager, or his or her designee, is authorized to assess citations administratively, In accordance with the procedures established in this chapter.
C.
The responsible person(s) creating, committing, condoning, or maintaining a violation of any provision of the codes and ordinances identified in this chapter shall be subject to administrative citations as established in this chapter.
D.
Each and every day a violation of any provision of the codes and ordinances identified in this chapter exists shall constitute a separate and distinct offense.
E.
Separate administrative citations may be issued for separate violations or separate dates of occurrence.
F.
Full or partial reimbursement or recovery of administrative citations and administrative expenses shall not excuse the failure to correct violations wholly and permanently nor shall it preclude the assessment of additional administrative citations or other abatament actions by the city.
G.
Administrative citations and related administrative expenses, inciuding attorneys' fees, shall accrue to the account of the responsible department and may be recovered by all appropriate legal means, inciuding but not limited to nuisance abatement lien and special assessmentlpdodty lien of the general tax levy, or civil and small ciaims action brought by the city, or both
(Ord. 12623 § 3, 2004: Ord. 12550 § 2 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-7.04)
A.
Whenever administrative citations are issued, notification shall be served on the responsible person and, as applicable, to any other party revealed by public records to have record title or similar legal interest in the property. Such notification may be served in conjunction with notification of other actions by the city to abate the violation.
B.
The notification shall be served by one or more of the following methods:
1.
Personal delivery with acknowledged receipt; or
2.
Certified mail with return receipt requested to the last known mailing address; or
3.
Constructive public notification, including but not limited to the following:
a.
Publication in a newspaper of general circulation, or
b.
Filing of an affidavit with the Office of the City Clerk certifying to the time and manner in which such notification was sent by regular mail, or
c.
Conspicuous posting on or in the vicinity of the property.
C.
Failure to serve such person(s) or failure of such person(s) to receive timely notification shall not affect in any manner the validity of any abatement actions taken or procedures conducted as established in this chapter.
D.
The notification shall minimally identify the following factors:
1.
The provisions of the code or ordinance violated and the descriptive nature of the violations; and
2.
The locations of the violations and the dates of occurrence; and
3.
The remedial actions required to correct the violations wholly and permanently and the time constraints for commencing and completing the corrections; and
4.
The dollar amount and rate of recurrence and duration of administrative citations; and
5.
The dates when administrative citations will begin to accrue and will cease; and
6.
Other consequences, as applicable, should the violations not be wholly and permanently corrected in accordance with the terms and conditions and time constraints identified; and
7.
The procedures for obtaining an administrative hearing regarding the assessment of administrative citations.
(Ord. 12550 § 2 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-7.05)
A.
The City Manager, or his or her designee, is authorized to establish a schedule of violations and assessments or similar guidelines for issuing administrative citations.
B.
Except as otherwise provided herein, administrative citations, excluding accruing interest, shall not be assessed at more than five thousand dollars ($5,000.00) cumulatively per calendar year for an individual parcel or separate structure thereon for any related series of violations. The citation amount shall not exceed one hundred dollars ($100.00) for the first issuance, two hundred fifty dollars ($250.00) for the second issuance, and five hundred dollars ($500.00) for all subsequent issuances for any related series of violations occurring within a calendar year. For offenses involving violations of Oakland Municipal Code Sections 8.28.060, 8.28.070, 8.28.150, 8.28.160, 13.16.100 and 13.16.110, administrative citations shall not exceed seven hundred fifty dollars ($750.00) for the first issuance, one thousand dollars ($1000.00) for the second issuance, and one thousand five hundred dollars ($1500.00) for all subsequent issuances for any related series of violations occurring within a calendar year.
C.
The issuance of administrative citations may begin to accrue on the date of initial occurrence of the violation, as identified by the city.
D.
The issuance of administrative citations shall cease when all violations are wholly and permanently corrected.
E.
Administrative citations shall be issued in accordance with the following factors:
1.
The duration and frequency of recurrence of the violation;
2.
The detrimental effects of the violation on the occupants of the property and the surrounding neighborhood and the community at large;
3.
The history of compliance efforts by the responsible person to correct the violation wholly and permanently;
4.
The viability of the administrative citation to effect abatement of the violation wholly and permanently;
5.
Other factors that serve justice.
(Ord. 12550 § 2 (part), 2003: Ord. 12509 (part), 2003: Ord. 12401 § 1 (part), 2002; Ord. 11805 § 1 (part), 1995: prior code § 1-7.06)
1.12.070 - Administrative expenses.
Administrative costs, charges, fees, and interest shall be as established in the master fee schedule of the city.
(Ord. 12550 § 2 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-7.07)
1.12.080 - Administrative appeal.
A.
The responsible person(s) may request an administrative hearing to adjudicate the issuance of administrative citations by filing such request in writing with the City Manager, or his or her designee, pursuant to standards and procedures established in the Oakland Housing Code, Section 15.08.350C, except that alternate or additional standards and procedures may be promulgated by the City Manager, or his or her designee, for requesting an administrative hearing regarding the issuance of administrative citations for violations of codes and ordinances other than the Oakland Housing Code.
B.
The City Manager, or his or her designee, is authorized to establish standards and procedures for conducting an administrative hearing and evaluating evidentiary testimony and either affirming the issuance of administrative citations or remanding for further consideration, pursuant to standards and procedures established in the Oakland Housing Code, except that alternate or additional standards and procedures for conducting an administrative hearing and evaluating evidentiary testimony may be promulgated by the City Manager, or his or her designee, for codes and ordinances other than the Oakland Housing Code.
C.
In all instances, the determination regarding administrative citations resulting from the administrative hearing shall be final and conclusive.
D.
The City Manager, or his or her designee, is authorized to establish standards and procedures for adjustment of administrative citations previously issued for extraordinary circumstances which are expressly demonstrated to serve the best interests of the residents of the city.
(Ord. 12550 § 2 (part), 2003: Ord. 11805 § 1 (part), 1995: prior code § 1-7.08)
1.12.090 - 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.
(Ord. 12550 § 2 (part), 2003)