15.08.080 - General.

A.

Authority. The Building Official and his or her designees are hereby authorized and directed to enforce all of the provisions of this Code and Chapter 8.24 (Property Blight) of the Oakland Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer.

B.

Alternative Compliance. Where there are practical difficulties involved in complying fully with the technical requirements of Articles V, VI, VII, VIII, and IX of this Code, the Building Official may grant modifications for individual cases. The Building Official shall find that a special individual reason makes the strict application of this Code impractical and that the modification does not lessen health and safety requirements and is equivalent in suitability, strength, effectiveness, fire resistivity, durability, and ampacity. The details of actions granting modifications shall be retained by the Building Official for the period required for retention of public records.

Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code or in order to substantiate claims for alternate materials or methods, the Building Official may require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in the Oakland Building Construction Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall specify the testing procedures. All tests shall be performed by an approved agency. Reports of tests shall be retained by the Building Official for the period required for retention of public records.

C.

Right of Entry (HSC Sections 17971 and 17972). When it is necessary to make an inspection to enforce the provisions of this Code, or when the Building Official has reasonable cause to believe that there exists in a building or structure or upon a premises a condition that is contrary to or in violation of this Code that makes the building or structure or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, 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 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 shall have recourse to the remedies provide by law to secure entry.

No person authorized by this Code 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.

D.

Unsecured Premises. Whenever an unoccupied building or structure or accessory structure or lot or parcel or portion thereof is or has become unsecured and open to unauthorized entry and as a result is unsafe and constitutes an attractive nuisance and danger to the public health and welfare, the Building Official may clean and secure the premises and install perimeter fencing and gates and terminate the serving utilities and maintain the premises against unsafe or unpermitted re-use or re-occupation. All charges therefore shall become an assessment against the property and the record owner.

Whenever such unsecured premises or portion thereof or condition therein is or has been determined to be a Nuisance as defined in Section 15.08.170 of this Code, the Building Official may immediately re-secure breached points of entry or construct suitable barriers to entry or otherwise temporarily abate the nuisance condition.

E.

Responsibilities Defined. Owners remain liable for violation of duties imposed by this Code even though an obligation is also imposed on the occupants of the building, and even though owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code.

Building and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be re-inspected.

Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.

Owners shall, when required by this Code or the Health Officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has take place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.

Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the Oakland Municipal Code, Chapter 8.24 (Property Blight) and Chapter 8.28 (Solid Waste Collection and Disposal and Recycling), and approved by the Health Officer.

Occupants shall, when required by this Code, the Oakland Municipal Code, Chapters 8.24 and 8.28, or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.090 - Substandard and Public Nuisance Buildings and Real Property.

Buildings, structures, portions thereof, and real property that are determined to be Substandard as defined in Article X of this Code are hereby declared to Public Nuisances and shall have the Certificate of Occupancy revoked and shall be abated either by repair and rehabilitation or demolition and may be ordered vacated in accordance with the procedure specified in Article XI of this Code.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.100 - Appeals.

A.

Deteriorated Conditions. The record owner may appeal the initial issuance of an order, decision, or determination made relative to the applications and interpretations of Articles V, VI, VII, VII, and IX of this Code by filing a written request which shall contain the following information:

1.

A brief statement in ordinary and concise language of that specific action protested, together with any material facts claimed to support the contentions of the appellant.

2.

A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action was a result of error or abuse of discretion and therefore should be reversed, modified, or otherwise set aside.

Such written request (appeal) together with fees as established in the Master Fee Schedule shall be received by the Building Official within twenty-one (21) calendar days from the date of the service, as set forth in Section 15.08.110.B of this Code, of the initial issuance of such order, decision, or determination. Failure by the record owner to file such written request along with full payment of fees within the period of time prescribed herein shall constitute a waiver of his or her right to an administrative adjudication of such action or to any portion thereof.

B.

Hazardous Conditions. The record owner may appeal from orders, decisions, or determinations made relative to the applications and interpretations of Article X of this Code, to a Hearing Examiner, who shall be a person who is qualified by experience and training to pass on matters pertaining to health and safety and welfare of the public, and who may not be an employee of the City of Oakland.

The Hearing Examiner shall have no authority relative to interpretations of the administrative (non-technical) provisions of this Code. The Hearing Examiner shall not be empowered to waive non-administrative (technical) requirements of Article X of this Code, but may grant reasonable alternatives in exceptional cases where it is demonstratively impractical or physically impossible to comply strictly with such requirements.

C.

Review of Administrative Actions. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petitions filed seeking judicial review of administrative actions made by the Building Official or Hearing Examiner.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.110 - Abatement of Violations.

A.

General. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building, or structure, portion thereof, or real property or cause or allow the same to be done in violation of this Code.

In addition to the penalties provided by law and ordinance, a violator shall be liable for such costs, expenses, accruing interest, and disbursements paid or incurred by the City or any of its contractors in correction, abatement, and prosecution of the violation.

Pursuant to Section 836.5 of the California Penal Code, the Building Official and his or her designees are hereby authorized to enforce this Code and cause the arrest of violators thereof.

The City Administrator, or his or her designee, 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 herein. Officers or employees so designated shall have the authority to cause the arrest of persons who violate any of such provisions.

Conviction of an infraction and any subsequent convictions under the provisions of this Code shall be punishable by the maximum fines prescribed by law. Any violations 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 the maximum fines and sentence of imprisonment in the County Jail prescribed by law.

A certified copy of each judgment imposing fine or cost or both upon any owner of any real property for a violation of this Code pertaining to the building, structure, portion thereof, or the real property shall, upon the entry of judgment, be filed forthwith with the Alameda County Clerk-Recorder.

Pursuant to Section 409.5 of the California Penal Code, failure to vacate immediately or to impede in any way whatsoever the vacation of any building, structure, portion thereof, or real property which has been determined by the Building Official to be an Imminent Hazard as provided in Section 15.08.380.C of this Code shall constitute a misdemeanor offense and shall be cause for arrest and removal from the premises in addition to all other penalties provided by law.

B.

Notification. The initial Notice or Order shall be served to the record owner of the property by one or more of the following methods of service:

1.

Personal delivery with acknowledged receipt; or

2.

Mailing with certified postage to the record owner's address as it appears on the last equalized assessment roll of the Alameda County Tax Assessor or as otherwise may be known to the Building Official; or

3.

Constructive public notification, including but not limited to the following:

a.

Publication in a newspaper of general circulation; or

b.

Conspicuous posting on or in the vicinity of the property.

Failure to serve any person required by this Code to be served or failure of such person to receive such notification shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by this Code.

(Ord. No. 13046, § 3, 11-9-2010)