A.
General. Any residential or non-residential building, structure, or portion thereof which is determined to be an Unsafe in accordance with the Oakland Building Construction Code; or any residential or non-residential building, structure or portion thereof, including but not limited to any dwelling unit, guest room or suite of rooms, commercial office or retail sales space, classroom or associated locker room or toilet room, assembly space, or any real property in which there exists any of the conditions referenced in this Section to an extent that is Unsafe to the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be Substandard and a Public Nuisance.
B.
Inadequate Sanitation. Residential and non-residential buildings, structures, or portions thereof shall be deemed Substandard and a Public Nuisance when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following:
1.
Lack of, or improper water closets, lavatory, bathtub, or shower receptor in a dwelling unit, congregate residence, or lodging house.
2.
Lack of, or improper water closets, lavatories, and bathtubs or shower receptors per number of guests in a hotel (motel).
3.
Lack of, or improper kitchen sink in a dwelling unit.
4.
Lack of, or inadequate hot and cold running potable water to plumbing fixtures in a residential occupancy.
5.
Lack of or inadequate running potable water to plumbing fixtures in a non-residential occupancy.
6.
Lack of, or inadequate, or improper operation of heating system required by this Code or the Oakland Building Construction Code.
7.
Lack of, or inadequate, or improper operation of ventilating system required by this Code or the Oakland Building Construction Code.
8.
Lack of minimum amounts of natural light and ventilation required by this Code.
9.
Room and space dimension less than required by this Code or the Oakland Building Construction Code.
10.
Lack of or improper electrical lighting required by this Code or the Oakland Building Construction Code.
11.
Dampness of habitable rooms or classrooms and associated locker rooms, toilet rooms, and assembly areas.
12.
Infestation of insects, vermin, rodents, or other vector.
13.
General dilapidation or improper maintenance.
14.
Lack of, or improper, connection to approved sanitary sewer system.
15.
Lack of, or inadequate, or improper operation of garbage and rubbish storage and removal facilities.
C.
Structural Hazards. Residential and non-residential buildings or structures or portions thereof shall be deemed Substandard and a Public Nuisance when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following:
1.
Deteriorated, damaged, or inadequate foundations.
2.
Defective, damaged, or deteriorated flooring, floor supports, stairs and landings, or balconies and their load-bearing connections.
3.
Flooring, floor supports, stairs and landings, or balconies and their load-bearing connections of insufficient size to carry imposed loads with safety.
4.
Members of walls, partitions, posts and columns, moment-resisting frame, or other vertical supports and their load bearing connections that split, lean, list, fracture, or buckle due to defective material, damage, or deterioration.
5.
Members of walls, partitions, posts and columns, moment-resisting frame, or other vertical supports and their load bearing connections that are of insufficient size to carry imposed loads with safety.
6.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members and their load bearing connections which sag, split, fracture, or buckle due to defective material, damage, or deterioration.
7.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members and their load bearing connections that are of insufficient size to carry imposed loads with safety.
8.
Fireplaces or chimneys which list, bulge or settle due to defective material, damage, or deterioration.
9.
Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
D.
Nuisance. Buildings, structures, portions thereof, or real property in which there exists any nuisance as defined in this Code are deemed Substandard and a Public Nuisance.
E.
Hazardous Electrical Wiring and Equipment. Electrical wiring and equipment which was installed in violation of code requirements in effect at the time of installation or electrical wiring and equipment not installed in accordance with generally accepted construction practices in area where no codes were in effect or which has not been maintained in good conditions or which is not being used in a safe manner shall be considered Substandard and a Public Nuisance.
F.
Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross-connections or siphonage between fixtures shall be considered Substandard and a Public Nuisance.
G.
Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered Substandard and a Public Nuisance.
H.
Faulty Weather Protection. Residential and non-residential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when they have faulty weather protection which shall include, but not be limited to, the following:
1.
Deteriorated, crumbling or loose plaster or gypsum wallboard.
2.
Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
3.
Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
4.
Broken, rotted, split or buckled exterior wall coverings or roof coverings.
I.
Fire Hazard. Any residential or non-residential building, structure, or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered Substandard and a Public Nuisance.
J.
Faulty Materials of Construction. The use of materials of construction, except those which are specifically allowed or approved by this Code and the Oakland Building Construction Code, and which have been adequately maintained in good and safe condition, shall cause a residential or non-residential building or structure to be Substandard and a Public Nuisance.
K.
Hazardous or Unsanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, surface or subsurface toxic substances, storage or use of chemicals, gas, oil or toxic or flammable liquids, and similar materials or conditions on a premises constitutes fire, health or safety hazards which shall be abated in accordance with the procedure specified in Section 15.08.350 of this Code.
L.
Inadequate Exits. Except for those buildings or structures or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this Code, residential and non-residential buildings or structures or portions thereof whose existing facilities where installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered Substandard and a Public Nuisance.
Notwithstanding compliance with code requirements in effect a the time their construction, residential and non-residential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when the Building Official finds that an unsafe condition exists through an improper location of or length of travel to required exits, or a lack of an adequate number or width of required exits, or when other conditions exist which are dangerous to human life including, but not limited to, lack of or unapproved or improperly installed or improperly maintained illumination of required exits, directional signage to required exits, door and window release and security devises, and other obstructions to or within the exiting path of travel or emergency escape.
M.
Inadequate Fire-Protection or Firefighting Equipment. Residential and non-residential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or structures or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
N.
Improper Occupancy. All residential and non-residential buildings or structures or portions thereof which were not designed or intended to be used or approved for their current occupancies shall be considered Substandard and a Public Nuisance.
O.
Lateral Stability (HSC Section 17920.3). Inadequate structural resistance to horizontal forces.
P.
Geotechnical Instability. Subsidence or lateral displacement of real property which is a hazard to buildings, structures, or portions thereof, to adjacent properties, to the public right-of-way, to a public easement, or to publicly maintained infrastructure.
(Ord. No. 13046, ยง 3, 11-9-2010)