15.24.210 - Purpose of article.

The purpose of this article is to provide for the abatement of the public nuisances created by earthquake-damaged buildings and to promote the health, safety, and general welfare of the community by requiring a level of maintenance of property which will protect and preserve the appearance, social and economic stability of the city and which will also protect the public from the health and safety hazards and the impairment of property values which result from the neglect and deterioration of property. The purpose is also to protect and preserve earthquake-damaged historic buildings which may be in a state of disrepair resulting in degradation of their historic fabric. As such, all proposals for abatement of earthquake-damaged historic structures shall be subject to all applicable city, state and federal approval processes and permitting requirements.

(Prior code § 18-5.01)

15.24.220 - Scope of article.

Subject to Section 15.24.230, the scope of this article shall include any building in Oakland which has been damaged by earthquake, has been designated by the city as an "Unsafe Building" or posted "Limited Entry" has been abandoned and is a public nuisance, as defined by this article.

(Prior code § 18-5.02)

15.24.230 - Application of article.

The provisions of this article shall apply to privately owned buildings that are public nuisances, as defined by Section 15.24.250, and that are located in the city's central business district, as described in Section 15.24.220, except this article shall not apply to the following:

A.

A detached Group R Division 3 Occupancy, single-family dwelling; or

B.

Accessory building serving Group R Division 3 Occupancy, single-family dwelling.

Notwithstanding any other provision of this chapter, or any provision of any other law or regulation, the provisions of this article shall apply only to the buildings described in this section and Section 15.24.220. For purposes of this article, the term "central business district" shall mean that geographical area of the city: commencing at the point of intersection of the Embarcadero Street with Castro Street; thence northerly along the Castro Street to the intersection of 22nd Street and San Pablo Avenue; thence southerly along San Pablo Avenue to the 21st Street; thence easterly along 21st Street to the extension of the rear lot line of the northwest corner lot of 21st Street and Telegraph Avenue; thence northerly along the rear lot lines of properties facing Telegraph Avenue from the west to West Grand Avenue; thence along West Grand Avenue to Harrison Street; thence southerly along the Harrison Street to the Lakeside Drive; thence southerly along Oak Street to the point of intersection extension of Oak Street to the city limits on the Oakland Estuary; thence westerly along the Oakland Inner Harbor to the intersection of Oakland Harbor and extension of Castro Street; thence northerly along the extension of Castro Street to the point of commencement.

(Prior code § 18-5.03)

15.24.240 - Inspections.

Inspection authority for the purposes of enforcing and implementing the provisions of this article shall be as set forth in Section 15.24.030 of this chapter, provided that the city may use any legal means, including inspection warrants, to gain access to buildings governed by this article.

(Prior code § 18-5.04)

15.24.250 - Definitions.

For the purpose of this article, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this article, but not specifically defined, shall have the meaning set forth in the applicable local, state, or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.

"Abandoned building" means any earthquake-damaged building which has been vacant for more than a year.

"Abatement" means action necessary to remove the conditions which cause an earthquake-damaged building to be a public nuisance. The term "abatement" shall include the words "abatement work" and "abate."

"Building," subject to the provisions of Sections 15.24.220 and 15.24.230, means any structure used or intended for supporting or sheltering any use or occupancy.

"City Planning Director" means the city of Oakland Director of City Planning Department or his or her designee.

"Conceptual abatement plan (CAP)" means a program of proposed actions to be undertaken for abatement of public nuisances in an earthquake-damaged building pursuant to the provisions of this article, including all required approval processes and permits. The CAP shall provide information on the extent of the damage, estimated cost of repair, proposed abatement work and schedule, present condition of the exterior and shall include building plans and/or recent photographs, Damage Assessment Report approved by the city and a maintenance program for any building proposed to be repaired for nonoccupancy. If the earthquake-damaged building is a historic structure, the CAP shall reflect the requirements of all applicable city, state and federal codes and statutes governing such structures.

"Current Uniform Code for Building Conservation (current UCBC)" means the latest edition of the Uniform Code for Building Conservation, as adopted by the International Conference of Building Officials.

"Day" means a calendar day.

"Office of Economic Development and Employment Director" means the city of Oakland Director of the Office of Economic Development and Employment or his or her designee.

"Office of Public Works Director" means the city of Oakland Director of the Office of Public Works or his or her designee.

"Owner" means any individual, group of individuals, corporation, firm or any other entity holding a legal or equitable interest in a piece of real property, as recorded in the records of the Alameda County Recorder's Office. The term "legal owner" does not include those individuals of entities holding only an equitable interest.

"Public nuisance" means any building located in the city's central business district that has been damaged by earthquake and, because of facade and/or structural damage, poses a threat to adjacent properties or humans and has been designated either "limited entry" or "unsafe" by the city's Building Official.

In addition to the definitions set forth in this section, the definitions set forth in Section 15.24.040 of this chapter, where applicable, shall apply to this article. To the extent the definitions of this article conflict with definitions of any other section of this chapter or any other law or regulation, the definitions of this article shall govern and supersede all other definitions.

(Prior code § 18-5.05)

15.24.260 - Earthquake Damage Abatement Board (EDAB).

To provide for an efficient and equitable review of certain actions and requirements pursuant to the provisions of this article, there shall be and is created an Earthquake Damage Abatement Board (EDAB). The EDAB shall be composed of the Directors of the Office of Economic Development and Employment, City Planning and the Office of Public Works and two at-large community members. The two at-large community members shall be appointed by the Mayor and confirmed by the City Council. The at-large members shall serve, without compensation, at the pleasure of the Mayor and Council and may be removed pursuant to the procedures established by Section 501 of the Charter of the city of Oakland. One of the two at-large members shall have an architectural and preservation background and the other one shall have a real estate and business background. The Building Official shall act as secretary to said Board but shall have no vote upon any matter before the Board.

The EDAB shall adopt rules of procedure for conducting its business and shall render all decisions, which shall be supported by written findings, in writing.

The authority of the Board shall be limited to the following:

A.

General Authority. The general authority of the EDAB shall be as follows:

1.

Verifying that the CAP complies with this article;

2.

Establishing intermediate and ultimate time frames to commence and complete the abatement work;

3.

Granting extensions, if "good cause" is demonstrated. As set forth herein, the term "good cause" shall mean a factual showing by the applicant that he or she has made a good faith effort to comply with the provisions of this chapter and that, because of particular facts, the granting of an extension would be equitable;

4.

The EDAB shall have no authority to approve the CAP.

B.

Appellate Authority. The appellate authority of the EDAB shall be to determine whether:

1.

The Building Official abused his or her discretion in determining that a building is a public nuisance.

2.

The Building Official erred in determining and/or calculating the cost of abatement work to be or actually performed by the city or its contractors.

3.

The Building Official erred in providing notice pursuant to Sections 15.24.290 and 15.24.300

The EDAB shall have no authority to review any decision or finding of the Building Official, unless such decision or finding falls within one of the appellate categories established by subsection A or B of this section.

(Prior code § 18-5.06)

15.24.270 - Mandatory abatement required.

Every owner of each earthquake-damaged building that has been finally determined, pursuant to the provisions of this article, by the city to be a public nuisance shall abate, within the time established by the city, such public nuisance.

No owner shall refuse or fail to carry out the abatement orders of the city that are made pursuant to this article. Refusal or failure to comply with any such order shall be unlawful and shall be constituted as a violation of this article.

(Prior code § 18-5.07)

15.24.280 - Identification of buildings.

From time to time and whenever necessary, the Building Official shall compile a list which shall contain every earthquake-damaged building that is described in Sections 15.24.220 and 15.24.230. Each building of the list, until it is abated, shall be designated a public nuisance.

(Prior code § 18-5.08)

15.24.290 - Notification of owner.

Upon determining that a particular earthquake-damaged building is a public nuisance, the Building Official shall send a notice of abatement to the building's owner(s). The content of the notice and the procedures relating to its issuance shall be as set forth in Section 15.24.300, subsections A and C.

(Prior code § 18-5.09)

15.24.300 - Notice content and procedures.

A.

Contents of Building Official's Notice of Abatement. The Building's Official Notice to the owner, as required by Section 15.24.290, shall contain:

1.

The street address and a legal description of the property sufficient for identification of the premises upon which the building is located;

2.

A statement that the Building Official has determined pursuant to this article, that the subject building is a public nuisance;

3.

A statement setting forth the reasons which support the Building Official's determinations;

4.

A statement ordering the owner to submit, within thirty (30) days of the date of the notice and order of abatement, seven copies of a conceptual abatement plan (CAP), as defined in Section 15.24.250, to the EDAB;

5.

A statement indicating that the EDAB's review of the CAP shall not constitute approval and the owner's repair or demolition plan must be approved by all applicable city, state and federal bodies;

6.

A statement ordering the owner to attend a public hearing on the CAP. The public hearing shall be conducted by the EDAB. The date of the hearing shall be included in the notice and order of abatement;

7.

A statement advising the owner that the owner, within the time set forth in this article and pursuant to the provisions of Section 15.24.320, may appeal the Building Official's public nuisance determination to the EDAB. The owner shall be advised further that failure to seek a timely appeal, shall constitute a waiver of his or her right to subsequently appeal the validity of the Building Official's determinations;

8.

A statement advising the owner that, if the owner fails to either make a timely appeal of the Building Official's public nuisance determination to the EDAB or fails to comply with the notice and order within the time specified, the Building Official, pursuant to this article, shall be authorized to record a notice of noncompliance and public nuisance against the owner's property. Also, the owner shall be advised that, in such case, the city shall be authorized, but not required, to proceed with the abatement work and shall charge the costs of such abatement, plus an amount equal to forty (40) percent of such cost, which shall compensate the city for administering the abatement contract and supervising the abatement work, to the property owner and that such amount, after confirmation and recordation, shall constitute a lien against the subject property;

9.

A statement advising the owner that the filing of an appeal, in and of itself, will not suspend the date by which the owner must submit the CAP or attend the public hearing on the CAP described in the notice and order of abatement;

10.

A statement indicating that the owner's repair or demolition plan shall be subject to all applicable city, state and federal permit requirements, including, but not limited to, environmental review and design review requirements, and that the governing city, state or federal body, not the EDAB, shall determine whether to issue the required permits;

11.

A statement indicating that the owner, at the time of applying for applicable city, state and federal permits and approvals, must submit a copy of the CAP, as reviewed and determined complete by the EDAB, to the approving and permitting agency.

B.

Contents of Notice of EDAB'S Determination. The Building Official shall notify the owner of the EDAB's review determination, as required in Section 15.24.340. The contents of the notice shall be as follows:

1.

A statement ordering the owner to abate the public nuisance and informing the owner what work has to be completed to cause the abatement of the public nuisance;

2.

A statement ordering the owner to commence and complete the abatement work within the intermediate and/or ultimate time frame(s) set by the EDAB;

3.

A statement indicating that the owner's repair or demolition plan must be approved by each city, state and federal board, commission, council, department and office with governing jurisdiction, and that all such approvals and permits must be obtained prior to the start of any demolition or repair work;

4.

A statement advising the owner that, if the owner fails to comply with the notice and order within the time specified, the Building Official, pursuant to this article, shall be authorized to record a notice of noncompliance and public nuisance against the owner's property. Also, the owner shall be advised that, in such case, the city shall be authorized, but not required, to proceed with the abatement work and shall charge the costs of such abatement, plus an amount equal to forty (40) percent of such cost, which shall compensate the city for administering the abatement contract and supervising the abatement work, to the property owner and that such amount, after confirmation and recordation, shall constitute a lien against the subject property.

C.

Notice Procedure. When issuing notices described in this section and Sections 15.24.290 and 15.24.340, the Building Official shall follow the procedures set forth below:

1.

Service of Notice and Order. The notice and order shall be served upon the owner, posted on the property, served on the owners of all properties lying within three hundred (300) feet, in any direction, of the property on which the public nuisance exists and on any other entity, organization or individual who, prior to the issuance of notice hereunder, requests in writing that notice be given under this subsection. The city's failure to provide any such requested notice shall not prohibit the city from taking actions under this article, nor shall it serve as a basis for invalidating any action already taken. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any other person duly served or relieve any duly served person from any duty or obligation imposed on him or her by the provisions of this article.

2.

Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

3.

Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official.

(Prior code § 18-5.10)

15.24.310 - Time of completion.

Every notice and order of abatement of the EDAB shall contain a time of completion date. The order also may contain intermediate completion dates for specific portions of the abatement work. The time of completion date(s) shall be the date(s), as determined by the EDAB, by which the owner must complete the abatement work required by this article. In determining the time of completion date(s), the EDAB shall consider the nature of the public nuisance, the time needed to acquire other required permits and approvals, the age and location of the building, the extent of the earthquake damage, historic building designation, the potential development of the site and the provisions of this article. The date(s) established by EDAB shall be reasonably related to these factors and the purposes established by Section 15.24.210. The owner's economic condition or the economic viability of the building shall not be considered in establishing intermediate and/or ultimate completion dates.

(Prior code § 18-5.11)

15.24.320 - Appeal of Building Official's determination.

Any person, or his or her representative, entitled to service under Section 15.24.300C may appeal any of the determinations of the Building Official that are described in Section 15.24.260B. No other determinations of the Building Official shall be appealable.

Any such appeal shall be made in writing, on a form approved by the Building Official, within five days of the date of the Building Official's notice of order and abatement. The written appeal shall include:

A.

A brief statement setting forth the legal or equitable interest, if any, of each of the appellants in the building and land involved in the appeal;

B.

A brief statement in ordinary and concise language which cites the specific subsection of Section 15.24.260 under which the appeal is brought, together with any facts claimed by the appellant to support his or her contentions that the Building Official erred or abused his or her discretion;

C.

A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action or an order should be reversed, modified or otherwise set aside;

D.

The signatures of all parties named as appellants and their official mailing address.

(Prior code § 18-5.12)

15.24.330 - Processing and hearing of appeal of Building Official's determination.

Appeals brought pursuant to Section 15.24.260B shall be heard and decided by the EDAB within fifteen (15) days of the date of receipt of the appeal by the city. Not less than ten days prior to the hearing date, the Building Official shall give written notice to the appellant, and any other party who has indicated that he or she wants notice of the appeal, of the date, time and place of the hearing. The EDAB shall be authorized to continue the appeal from time to time. The EDAB, upon request of the appellant, if good cause appears, may extend the period in which the appeal must be decided.

In considering the appeal, the EDAB's decision, depending upon the matter appealed, shall be based upon at least one of the subsections of Section 15.24.260B.

The decision of the EDAB shall be in writing, supported by findings and shall be final on the date it is issued. The decision of the EDAB, in response to owner's appeal of the Building Official's determination, shall be nonappealable. Within ten days of the date of the EDAB's decision, the Building Official shall mail, certified, or otherwise deliver a copy of the EDAB decision to the appellant and any other party who has requested a copy of the decision.

(Prior code § 18-5.13)

15.24.340 - Conceptual abatement plan public hearing.

In each case in which an owner is notified to submit a conceptual abatement plan, the Building Official, within sixty (60) days of the date of that notice, shall schedule a public hearing on the CAP before the EDAB. The Building Official shall provide at least seven days' prior notice of the subject hearing to all persons entitled to notice under Section 15.24.300C.

Prior to submitting the CAP to the EDAB, the Building Official shall review the CAP and make recommendations to the EDAB. The EDAB shall not be bound by the Building Official's recommendations.

Upon receipt of the CAP, the EDAB shall hold a noticed public hearing and shall determine whether the CAP complies with the requirements of this article and whether if implemented, the CAP will cause the abatement of the public nuisance that is the subject of the CAP. If the EDAB finds that the CAP complies with this article, it shall issue a notice and order of abatement which shall indicate the commencement and completion dates for the abatement work. Also, the notice and order of abatement shall indicate any intermediate date(s) set by the EDAB. If the EDAB finds that the CAP does not comply with the minimum requirements of this article, the owner shall be in violation of this article and subject to penalties per Section 15.24.380 and city action per Section 15.24.360, unless the EDAB, for good cause, grants an extension. The determination of the EDAB shall be made in writing, supported by findings, and shall be final on the date it is made. Within five days of the date of the determination of the EDAB, the Building Official shall mail, certified, or personally deliver, a copy of the determination and shall issue a notice and order of abatement to the owner, all persons entitled to notice under Section 15.24.300C and to any other person who has requested special notice. The contents of the notice and the procedures relating to its issuance shall be as set forth in Section 15.24.300B and C. The determination of the EDAB shall be final and shall not be appealable to the City Council.

(Prior code § 18-5.14)

15.24.350 - Standards for repair and demolition.

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.

For abatement of an earthquake-damaged building, at least one of the following standards shall be used to comply with this article's abatement requirements:

A.

Repair for Occupancy. If the building is to be used for occupancy, it shall be repaired in accordance with Articles I, II, III, and IV of this chapter, whichever is applicable.

B.

Demolition. If the owner chooses to demolish the building, he or she shall follow the procedures set forth in Oakland Demolition Ordinance No. 10892 C.M.S. (Chapter 15.36), Oakland zoning regulations and other applicable laws and regulations, including, but not limited to, other applicable city, state and federal laws and regulations governing historic structures.

C.

Repair for Nonoccupancy. If the owner does not want to repair the building for occupancy, he or she shall abate the public nuisance by following the standards outlined below:

1.

Repair only damaged portion of structural systems in accordance with the current code, or any other lesser standard that will reasonably protect the public safety, as determined on a case-by-case basis by the Building Official. The public safety shall be considered reasonably protected if the facade and/or structural elements of the building, which were damaged by earthquake, will no longer constitute a public nuisance, as defined by this article.

2.

Repair exterior in accordance with the standards described below:

The exterior of the buildings shall be repaired such that it shall not substantially impair the visual, architectural, or historic value of the earthquake-damaged building. Consideration shall be given to design, form, scale, color, materials, texture, lighting, detailing, and ornamentation, landscaping, signs, and any other relevant design element or effect, and, where applicable, the relation of the above to the original design of the building. Subject to subsection (C)(5) of this section the exterior shall be repaired in accordance with the current code, or equivalent standard, as determined by the Building Official.

The damaged portion of the potential falling hazards, such as parapets, cornices, decorative statuary, veneer, awnings, and rooftop tanks or equipment near edges of buildings, shall be repaired in accordance with the current code, or equivalent standard, as determined by the Building Official.

Any existing scaffolds, fences and/or other temporary structures around the building shall be removed.

All the openings including, but not limited to, doorways and windows, shall be secured by one-half inch plywood, painted on the exterior side with paint matching the predominate color of the structure. Plywood shall be placed on the interior side of the opening 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. The design securing the openings shall be reviewed by the Building Official.

3.

Exterior repair of historic buildings which are contributory to a 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 and any other applicable code, regulation or law. Exterior repair of other historic buildings shall be required to meet the criteria of Sections 17.102.030 and 17.136.070 of the city's zoning regulations and any other applicable code, regulation or law. Exterior repair of all other buildings which are subject to design review under the zoning regulations shall be required to satisfy the criteria of Section 17.136.070 and any other applicable code, regulation or law.

4.

Maintenance. All buildings repaired for nonoccupancy standards, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this article shall be maintained in conformance with the applicable standards under which repaired. Exterior of the buildings shall be kept free of graffiti, bills, posters and litter. The owner shall be responsible for maintenance of the buildings. To determine compliance with this subsection, the Building Official may cause any building to be reinspected. Failure to comply with the provisions of this subsection shall constitute a violation of this article and shall resubject the owner to all of the mandatory abatement provisions of this article.

5.

As an exception, the Building Official may allow the ground floor of a building to be occupied in accordance with Section 15.24.390

(Prior code § 18-5.15)

15.24.360 - Damage abatement work performed by city.

A.

Damage Abatement Work. When any building owner fails to submit the CAP, or to accomplish the abatement work in compliance with the notice of the Building Official, the EDAB shall recommend that the city prepare the abatement plan. The city may, but shall not be required to, perform the inspection and prepare the damage abatement plan and submit to EDAB for its review. If the city elects to prepare the plan, EDAB shall hold a public hearing to determine the appropriate abatement action on the building. The owner and other parties described in Section 15.24.300c of this article shall be given seven days' prior notice of the hearing. The EDAB shall inform the owner and the Building Official of its decision in writing.

If the EDAB recommends and the city elects to perform the abatement work, the Building Official may issue an order to have the work accomplished by personnel of the city or by private contract under his or her direction. Plans and specifications thereof may be prepared by the Building Official or his or her staff or he or she may employ such architectural and engineering assistance on a contract basis as he or she may deem reasonably necessary.

B.

Costs. The cost of preparing the abatement plan and performing such work, plus an administrative fee of forty (40) percent of such cost, to cover the cost for the city administering and supervising the contract against the property involved, shall be made a personal obligation of the property owner and shall constitute a lien against the property. The cost of repair or demolition performed by the city shall be recovered from the owner in accordance with the lien procedures of Section 15.24.410

C.

The city shall be authorized to accept or reject any EDAB recommendation that the city perform the abatement work. The city's decision, which shall be based upon whether available resources exist, shall be entirely discretionary and nonappealable.

(Prior code § 18-5.16)

15.24.370 - Design review.

The owner or the owner's agent or the city, prior to start of any repair or demolition work under this article, shall submit a design review application to the City Planning Department and have it approved.

The procedures for design review for each nonhistoric building and each historic building shall be in accordance with Sections 15.24.180 and 15.24.190B, respectively, of this chapter.

(Prior code § 18-5.17)

15.24.380 - Penalties.

It is unlawful for the owner of any earthquake-damaged building subject to this article to fail to provide the city, within the required period, with an acceptable CAP or not to proceed and complete the abatement work within the time specified by the EDAB. After written notice from the city to the owner, the following penalties shall be imposed upon owners who fail to comply with the requirements of this article:

Except as otherwise provided herein, a ten-thousand-dollar ($10,000.00) penalty shall be imposed upon the owner of the earthquake-damaged building, if an acceptable CAP is not filed with the city within the period described in this article. Beginning at the end of the specified period, a fine of ten thousand dollars ($10,000.00) per month, for each month the owner fails to comply with the requirements of this article, shall be imposed upon said owner. However, the maximum fine imposed upon such owner for each building shall not exceed sixty thousand dollars ($60,000.00).

The penalties imposed pursuant to this chapter shall be assessed against the real property to which the penalties relate and shall, in addition, be a personal obligation of the owner of the subject real property. For purposes of this section, this personal obligation requirement shall apply to individuals and entities. The Building Official shall give the owner of such premises a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the Building Official within five days after the date of such notice, the Building Official shall forward a report of the penalty to the EDAB for confirmation.

The property owner shall be given at least ten days' notice of the confirmation hearing before the EDAB. Said notice shall be in writing. The amount of the penalty shall be confirmed by the EDAB, unless the EDAB finds, based upon evidence in the record, that the Building Official erred in imposing or computing the amount of the penalty. If such error is found, the EDAB may modify the amount of the penalty, as warranted.

Upon confirmation of the penalty, the EDAB shall direct that the Building Official shall record in the Office of the County Recorder of the county of Alameda, state of California, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to Chapter 15.24, Article V of the Oakland Municipal Code, a penalty in the amount of $;#rule; was assessed by the Building Official, and confirmed by the Earthquake Damage Abatement Board (EDAB), against the herein described real property and said amount has not been paid, nor any part thereof, and the City of Oakland does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon said real property until said sum has been paid in full. The real property herein above-mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California and particularly described as follows, to wit:

(insert description of property)

Dated this ;yrrule; day of ;#rule;, 19;yrrule;.

_____

Building Official

City of Oakland

Such lien attaches upon recordation of the notice of lien. The description of the parcel in the notice of lien shall be that used for the same parcel as the County Assessor's map book for the current year. The County Assessor shall enter each assessment on the county tax roll opposite the affected parcel of land. The amount of the assessment shall be 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 § 18-5.18)

15.24.390 - Ground floor occupancy.

After abatement work of earthquake damage on a building has been completed, the Building Official, without allowing full occupancy of a building, may issue a certificate of occupancy for use of the ground floor of a building, if he or she determines, based upon substantial evidence, that the public nuisance has been abated and that no substantial hazard will result from occupancy of the ground floor area of the building. In all cases where the Building Official issues a certificate of occupancy for use of the ground floor in a building, all abatement work done on the ground floor must meet current code.

(Prior code § 18-5.19)

15.24.400 - Fees.

The owner shall pay the fee as established by the master fee schedule to the Development Services Department to recover the cost for implementation of this article.

(Prior code § 18-5.20)

15.24.410 - Abatement liens.

The City Council shall in each instance determine whether the city shall elect to prepare a CAP and/or perform abatement work as recommended by the EDAB. The Building Official shall provide the owner and any other party entitled to notice pursuant to Section 15.24.300C with at least seven days' prior notice of the meeting at which the City Council will be asked to determine whether the city should elect to prepare the CAP and/or perform the abatement work. The notice shall include a description of the proposed abatement work and the Building Official's estimate of the costs. Such owner and other party shall have the right to appear before the City Council to contest or oppose the EDAB's recommendation that the city prepare the CAP and/or perform the abatement work.

In those instances where the city elects to prepare the CAP and/or perform the abatement work, the costs incurred by the city, in addition to being a personal obligation of the owner, shall constitute a special assessment against the property on which the public nuisance existed.

At the time the city elects to prepare the CAP or perform the abatement work, the Building Official shall record a notice of prospective lien against the subject property. Such notice shall include a description of the prepared abatement work and an estimate of its costs. The notice shall indicate that the actual costs may exceed the city's estimate.

Immediately upon completion of preparation of any CAP or performance of any abatement work by the city and/or the city's contractor, the Building Official shall prepare a report of assessment. Said report shall describe the work performed, the date(s) on which it was performed and the costs incurred by the city. The Building Official shall cause a copy of said report to be served on the subject property owner. 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 with at least five 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 completed 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, in addition to being a personal obligation of the owner, it shall be a lien on the 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 attaches 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, or on 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 § 18-5.21)

15.24.420 - Access to private property.

In each case in which the city, in implementing the provisions of this article, requires access to private property to enable the city to either perform an inspection, prepare a CAP and/or perform abatement work, the city shall seek prior approval for entry from the legal owner. If the legal owner fails or refuses to grant rights of entry to the city, the city shall obtain entry by any legal means, including, but not limited to, court order.

(Prior code § 18-5.22)