15.24.190 - Earthquake-damaged historic structures.

Notwithstanding any other law, procedure, regulation or provision of this chapter, it is unlawful for any person to alter, abate, repair, restore, rehabilitate, demolish, or make significant changes to any earthquake-damaged structure that is a historic structure, unless the procedures of this chapter have been followed and applicable permissions have been granted, including but not limited to applicable building or demolition permits.

The provisions of the State Historic Building Code, as contained in Part 8, Title 24 of the California Administrative Code and as amended from time to time, may be used for the alteration, abatement, repair, restoration and rehabilitation of historic earthquake-damaged structures.

A.

Damage Assessment Report Required. Prior to the start of any alterations, abatement works, repairs, restoration or rehabilitation works on, or the making of any significant changes to, an earthquake-damaged historic structure, the owner, or the owner's agent, shall obtain required permits and submit a damage assessment report to the city and have it approved by the Building Official and the Planning Director. The damage assessment report shall be submitted to the city within one hundred twenty (120) days of the date of the Building Official's notice to the applicant indicating that one is required. All damage assessment reports shall be prepared pursuant to and in conformance with the provisions of Section 15.24.080 of this chapter. Damage assessment reports shall be reviewed, approved or disapproved by the Building Official and the Planning Director within thirty (30) working days after the report is filed.

B.

Design Review. Unless otherwise expressly provided in this chapter, the owner or the owner's agent, prior to the start of any alterations, abatement works, repairs, restoration or rehabilitation works on, or the making of any significant changes to, an earthquake-damaged historic structure, shall submit a design review application to the city and have it approved by the Planning Director. The design review application shall be submitted at the same time the damage assessment report is filed.

Except as otherwise set forth herein, design review applications shall be reviewed and approved or disapproved by the Planning Director. To aid in his or her review of an application the Planning Director may obtain advice from the Building Official or outside professionals. Except as otherwise stated herein, the Planning Director's decision shall be made within thirty (30) working days of the date of the city's receipt of a completed design review application. Upon receipt of each design review application, the Planning Director shall notify the Landmarks Board of the receipt of said application. Any member of the Landmarks Board, within five working days of the date of said notice, may notify the Planning Director in writing that he or she wishes the application to be considered by the Landmarks Board. If such notice is given by a member of the Board, the Planning Director shall immediately forward the application to the Board and the subject application shall be considered and a recommendation, if any, shall be made to the Planning Director by the Landmarks Board within thirty (30) working days of the date of the application. In all such cases, the Planning Director's decision shall be made within forty-five (45) working days of the date of the city's receipt of the completed design review application. Applications for altering, abating, restoring or rehabilitating or demolishing historic structures which are contributory to an S-7 preservation combining zone shall be required to satisfy the criteria of Sections 17.84.010 through 17.84.070 and 17.136.070 of the city's zoning regulations. Applications for altering, abating, repairing, restoring or rehabilitating or demolishing any other historic structure shall be required to meet the criteria of Sections 17.102.030 and 17.136.070 of the city's zoning regulations.

Alteration, repair, restoration, rehabilitation, and demolition applications for structures that are on either the National Historic Register, the State Historic Record, either California Registered Historical Landmarks, California Points of Historical Interest, on the National Register of Historic Places, or that have been declared to be landmarks by the Oakland City Council shall be forwarded by the city to the State Office of Historic Preservation for consideration, after an interim approval has been made by the city pursuant to this chapter. Said referral shall be made within five working days of a final decision made by the city. Within five working days of receiving a determination from the state, the Planning Director shall notify the permit applicant of the state's approval or disapproval of his or her application. There shall be no referral to the state of the city's decisions on applications related to any potentially historic structures. As used herein, the term "potentially historic structure" shall mean structures described in subsection 5 of the "historic structure" definition in Section 15.24.040 of this chapter.

C.

Appeals. Unless otherwise stated in this chapter, any decision of the Planning Director or Building Official relating to the damage assessment report or the Planning Director's decisions relating to the design review application may be appealed by any interested person as follows:

1.

If the appeal involves only structural or life safety issues, which if implemented will not affect the exterior or historic characteristics of the structure, the appeal shall be made and decided pursuant to the procedures and provisions of Section 15.24.070 of this chapter. Such appeals may only be made by the building permit applicant.

2.

If the appeal involves issues or proposals that may affect structural or life safety components and the exterior or historic characteristics of the structure, the appeal shall be made and decided pursuant to the procedures set forth in subsection D of this section.

3.

If the appeal involves only issues or proposals that may affect only the exterior or historic characteristics of the structure, with no implications for the structural or life safety portions of the structure, the appeal shall be made and decided pursuant to the procedures set forth in other applicable city codes and regulations.

D.

Board of Earthquake Appeals for Historic Structures Procedure. In order to provide for final interpretations of the provisions of Article IV of this chapter, there is established a Board of Earthquake Appeals for Historic Structures. The Board shall consist of seven members, including three members from the Board of Examiners and Appeals, three members from the Planning Commission and one member from the Landmarks Board. Board of Earthquake Appeals for Historic Structures members shall be appointed to and removed from the Board by their respective boards pursuant to procedures adopted by each board.

Appeals to the Board of Earthquake Appeals for Historic Structures shall be made within ten working days after the date of a decision by the Building Official or Planning Director. The Building Official's and Planning Director's decision shall be considered final, if no appeal is taken within the ten working days appeal period. Thereafter, no appeal shall be allowed.

Such appeal shall be made on a form prescribed by the Planning Director and shall be filed with the Planning Director. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Director or Building Official. Upon receipt of the appeal, the Planning Director shall place the matter on the agenda of the next available meeting of the Board of Earthquake Appeals for Historic Structures. Not less than ten working days prior to the hearing date, the Planning Director shall give notice to the appellant of the date, time and place of the hearing.

In considering the appeal, the Board shall determine whether, based upon the record, the Building Official or Planning Director erred or abused his or her discretion. Error or abuse of discretion is shown, if it is established that the Building Official or Planning Director failed to follow the provisions of this chapter.

The decision of the Board shall be made in writing, shall be nonappealable and shall be considered final on the date it is issued. A copy of the Board's decision shall be mailed or otherwise delivered to the appellant by the Planning Director within five working days of the date of the Board's decision.

(Prior code § 18-4.01)

15.24.200 - Securing earthquake-damaged historic structures.

Notwithstanding any other law, procedures, regulation or provision of this chapter, this article shall govern the duty of owners and other interested parties of record to secure earthquake-damaged historic structures. The procedures, including appellate procedures, set forth in this article shall govern over any conflicting procedures contained in any other law, procedure or regulation.

A.

Duty to Secure. It is unlawful for any owner or other interested party of record to maintain or to allow an earthquake-damaged historic structure to be maintained as an abandoned historic structure. It shall be the duty of the owner and other interested parties of record of each earthquake-damaged historic structure to secure each such structure to prevent unauthorized entry by members of the public and to prevent damage and deterioration caused by the effects of environmental elements. It is unlawful for the owner or interested party of record of any earthquake-damaged historic structure to fail to secure such structure pursuant to the requirements of this article.

B.

Order To Secure. The Building Official, upon determining that an earthquake-damaged historic structure is being maintained as an abandoned historic structure, shall provide the owner with an order to secure. The order to secure shall be in writing and shall be delivered personally or by certified mail to the property owner and any other party of record with an equitable or legal interest in said property. The order shall set forth those factors which, in the opinion of the Building Official, cause the structure to be an abandoned historic structure. The order shall provide that, within five days from the date set forth in the order, the owner shall begin and prosecute to completion the work of securing the structure pursuant to the terms of the order and of this article. The order shall include a date by which the work must be completed. The Building Official, in establishing such date, shall take into consideration the condition of the structure and the amount of work that must be done to secure it.

The decision of the Building Official determining that an earthquake-damaged historic structure is an abandoned historic structure may be appealed to the Director of Public Works or his or her designee by the property owner or any other interested party of record. Any such appeal shall be in writing and shall indicate the basis of error by the Building Official and shall be hand-delivered to the Building Official within five days of the date set forth in the Building Official's order. Failure to appeal within the required five-day period shall constitute a waiver of the right to appeal to the Director of Public Works and the Building Official's determination and order shall stand as final. An appeal that is properly and timely filed shall cause the Building Official's determination and order to be suspended until such time as the matter is heard and resolved by the Director of Public Works.

C.

Hearing. At the time of receiving a valid appeal, the Building Official shall schedule an appeal hearing before the Director of Public Works. The appellant shall be notified of the date, time and place of the hearing at the time the appeal is filed. The hearing shall be held as soon as practicable.

At the hearing, the appellant shall have the right to call witnesses, submit evidence and to cross-examine the witnesses of the city. All witnesses shall be sworn. A record of the entire proceeding shall be made by tape recording. Any relevant evidence may be admitted regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this state.

At the close of the hearing, the Director of Public Works or his or her designee shall act to either uphold, overrule or modify the determination and order of the Building Official. The determination and order of the Building Official shall be upheld, unless the Director or his or her designee finds, based upon submitted evidence in the record, that the Building Official erred in determining that the subject structure is an abandoned historic structure. The decision of the Director or his or her designee must be made within two days and may be given orally or in writing. If given orally, the decision shall be memorialized in writing and served upon the appellant within five days of the date of the oral decision.

If the Director or his or her designee upholds the decision of the Building Official, the property owner or other interested party of record shall be ordered to secure the structure within the time set forth in the decision by the Director or his or her designee. If the Building Official is determined to have erred, his or her determination and order shall be vacated. The decision of the Director or his or her designee shall be final on the date it is rendered.

D.

Specifications for Securing Earthquake-Damaged Historic Structures. All openings, including, but not limited to, doorways, windows, cracks, gaps, holes and other apertures, shall be secured to meet the following minimum standards so as to prevent unauthorized entry by members of the public and to prevent damage and deterioration caused by the effects of environmental elements:

1.

Securing of earthquake-damaged historic structures shall consist of emplacement of one-half inch exterior grade plywood, on the exterior side with paint matching the predominate color of the structure, across all openings on the ground level floor and floor immediately accessible to entry, other than those where mechanical assistance would be required to effect entry. Plywood shall be cut to the size of the opening and fastened by means of two-inch by four-inch strongback placed on the inside of the building and attached with metal bolts. There shall be no nailing of the plywood to the window frame or sash. At least one door providing entry to each unit of the structure shall be secured by means of one-half inch exterior grade plywood cut to the door opening size and fastened by means of hinges and secured with a hasp and padlock. The lock shall be a MASTER-3NKA or equivalent. Broken windows on upper floors shall be secured by one-half inch exterior grade plywood, painted on the exterior side with paint matching the predominate color of the structure. Plywood shall be cut to the size of the opening and placed on the interior side of the window and shall be fastened by means of two-inch by four-inch strongback placed on the inside of the structure and attached with metal bolts.

2.

All doors and windows not secured as set forth in subsection (D)(1) of this section, shall be kept closed and locked.

3.

All other openings, including cracks, gaps, holes and other apertures, which either may be used to gain unauthorized entry or may allow environmental elements to invade the interior portions of the structure shall be secured with appropriate building materials, with the exterior portions of the materials, being painted the color matching the predominate color of the structure that surrounds the secured opening.

4.

All secured areas, in compliance with applicable codes and regulations, shall be kept free of graffiti, bills, posters and litter.

E.

Penalties. It is unlawful for the owner or any other interested party of record to maintain, or cause to be maintained, an abandoned historic structure, or to fail to comply with an order to secure imposed by the Building Official, the Director of Public Works or his or her designee. After written notice from the city to the owner or other interested party of record, the following penalties shall be imposed upon owners who fail to comply with the provisions of this article:

1.

Except as otherwise provided herein, a five-hundred-dollar ($500.00) penalty shall be imposed upon the owner or other interested party of record of each abandoned historic structure for each day, or partial day, such structure is maintained as an abandoned historic structure. For purposes of this article, each day, or partial day, that a structure remains an abandoned historic structure shall be considered a separate violation of this article.

2.

If the work of securing the structure is completed by the city or its contractors, the penalty imposed upon the owner or other interested party of record shall be a penalty which either equals the amount required by subsection (E)(1) of this section or ten percent of the actual costs incurred by the city in securing or having the structure secured pursuant to the provisions of this article, whichever is greater.

3.

The penalties imposed pursuant to this article shall be assessed in the manner and pursuant to the procedures set forth in Section 15.24.090B of this chapter. In addition, the penalties shall be a personal obligation of the owner of the subject real property.

F.

Occupancy Permit Revocation. In addition to imposing the penalties set forth in subsection E of this section, the Building Official, following the procedures set forth in Section 15.24.090C of this chapter, may revoke the occupancy permit for any abandoned historic structure for which an owner fails to satisfy the requirements of this article. The procedures and regulations governing appellate review of the Building Official's revocation decision shall be as set forth in Section 15.24.090C of this chapter.

G.

Right of Entry. Whenever an order to secure of the Building Official, Director of Public Works or his or her designee is not complied with within the time set forth in the order, the Building Official, Director of Public Works or his or her designee, whichever is applicable, shall be authorized to enter the structure and to secure it pursuant to the requirements set forth in subsection D of this section. Instead of using city forces to perform the work, the Building Official, Director of Public Works or his or her designee, subject to the city's contracting regulations, may order the work to be performed by contractors. Contractors hired by the city, in prosecuting the work authorized by this article, shall have the same rights of entry accorded the Building Official, Director of Public Works or his or her designee.

H.

Costs of Securing. All costs and expenses incurred by the city, including staff costs resulting from the contracting process, shall become a personal obligation of the owner of the related real property and, in addition, shall become a special assessment against the property.

At the time the Building Official, Director of Public Works or his or her designee, orders security work to be done by the city or the city's contractors, the Building Official shall record a notice of prospective lien against the subject property. Such notice shall include a description of the proposed security work and an estimate of its costs.

Immediately upon the completion of any work of securing an abandoned historic structure by city forces or city contractors, the Building Official shall prepare a report of assessment. Said report shall describe the work performed, the dates on which it was performed and the costs incurred by the city. The Building Official shall cause a copy of the report to be served on the subject property owner and all other interested parties of record. Said report shall be accompanied by a notice of the date, time and place of the confirmation hearing before the Oakland City Council. Said notice shall provide the owner or other interested party with at least five working days' prior notice of said confirmation hearing.

The notice and report shall be placed in a sealed envelope, postage prepaid, addressed to the owner or other interested party at his or her last known address as the same appears on the last equalized assessment rolls of the city, and deposited, registered or certified mail, return receipt requested in the United States mail. Service shall be deemed complete at the time of deposit in the United States mail.

A copy of the report of the assessment shall be posted in the Office of the City Clerk at least three days prior to the time when the report will be submitted to the City Council.

At the time set forth in the notice, the City Council shall hear the matter and either modify or confirm the assessment report. The Council shall confirm the report as presented by the Building Official, unless the Council, after a review of the evidence in the record, finds that either the work assessed was not performed or that there was an error made in calculating the amount owed. After the assessment is made and confirmed, it shall be a lien on said property, until said sum, with interest at the maximum legal rate per annum, has been paid in full. Interest shall begin to run on the date the amount is confirmed.

Such lien shall attach upon recordation in the Office of the County Recorder, Alameda County, by certified copy of the resolution of confirmation. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10th. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment 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 procedures for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

(Prior code § 18-4.02)