tA~ ~0(JAN

INTROOUCEO BY COUNCILMEMBER

VATTOFlNEY

1204-6
REVISED
AN ORDINANCE AMENDING
SECTIONS 8.24.010, 8.24.020, 8.24.050, 8.24.060, 8.24.070, AND 8.24.080
OF THE OAKLAND MUNICIPAL CODE
PERTAINING TO PROPERTY BLIGHT
WHEREAS, the City of Oakland wishes to preserve the livability, appearance,
and social and economic stability of the City; and
WHEREAS, the City of Oakland also wishes to protect the public from heallh and
safety hazards and the impairment of property values which result from neglect and
deterioration of property; and
WHEREAS, the City of Oakland also wishes to enhance the efficiency of
government functions by reducing the disproportionate expenditure of public funds for
public safety, fire protection, and other public services attributable to the detrimental
effects of blighting conditions on residential, commercial, and industrial properties; and
NOW THEREFORE, the Council of the City of Oakland does ordain as follows:
SECTION 1.
Section 8.24.010 of Chapter 8.24, Property Blight, of the
Oakland Municipal Code is amended to read as follows:

8.24.010
The purpose of this chapter is to promote the health, safety,
and general welfare of the citizens by requiring a level of maintenance of residential,
commercial, and industrial property which will protect and preserve the livability,
appearance, and 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
results from the neglect and deterioration of property.
SECTION 2.
Section 8.24.020 of Chapter 8.24, Property Blight, of thEl
Oakland Municipal Code is amended to read as follows:

8.24.020(C)(4)
Buildings or structures including, but not limited to, walls,
Windows, fences, signs, retaining walls, driveways, or walkways which are obsolete,
broken, deteriorated, or substantially defaced to the extent that the disrepair visually
impacts on neighboring property or presents a risk to publlc safety. For purposes of this
chapter "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches,
or other markings commonly referred to as "graffiti" and peeling, flaking, blistering, or
otherwise deteriorated paint.
<12
3-10-98

60(l-2.\:'-Q(:5 (7-83)

ALITY

limited to, selling, manufacturing, processing, packaging, fabricating, treating,

dismantling, processing, transferring, handling, transporting, storing, compoundinq, or
assembling which are inadequately maintained and pose a risk of harm to public health
or safety including, but not limited to, unpaved surfaces which generate fugitive dust
and paved surfaces with cracks, potholes, or other breaks.
8.24.020(F)(1)
Any construction or commercial equipment, machinery,
material, truck or tractor or trailer or other vehicle having a weight exceeding seven
thousand (7,000) pounds, or recyclable materials, as defined in this chapter, except that
such items may be temporarily kept within or upon residential property for the time
required for the construction of installation of improvements or facilities on the property.
8.24.020(F)(6)
No item covered by this section shall be parked, stored, or
kept between the front lot line and the front wall of the facility, including the projection of
the front wall across the residential property lot line, except where such item is located
in an approved driveway or approved parking space.
8.24.020(G)(1)(a) Any owner, lessee or occupant of residential property may
repair, wash, clean or service any personal property which is owned, leased, or rented
by such owner, lessee or occupant of said property. Any such repairing or servicing
performed in any such area shall be completed within a seventy-two (72) consecutive
hour period. The provisions of this section shall apply to any truck, tractor, trailer, or
other commercial vehicle weighing more than seven thousand (7,000) pounds.
SECTION 3.
Section 8.24.050 of Chapter 8.24, Property Blight, of the
Oakland Municipal Code is amended to read as follows:
8.24.050

Enforcement Responsibility -- Delegation of Authority

The Building Official and his or her designees shall be responsible for the enforcement
of this chapter and shall make such inspections and take such actions as may be
required to enforce the provisions of this chapter. The Building Official is authorized to
establish guidelines and interpretations to enforce the provisions of this chapter.
SECTION 4.
Section 8.24.060 of Chapter 8.24, Property Blight, of the
Oakland Municipal Code is amended to read as follows:
8.24.060

Abatement.

A.
Any condition set forth in this chapter may be abated by the BUilding
Official, or his or her designee, in accordance with the procedures set forth in Chapter
15.08 (the Oakland Housing Code) of this code.

B.
Actions taken to abate conditions set forth in this chapter may include, but
are not limited to, assessment of fees, charges, penalties, and interest; and/or repair or
removal of the condition; and/or installation and maintenance of physical barriers to
deter the recurrence of or illegal access to the condition; and/or any other abatement
action determined by the Building Official, or his or her designee, to be necessary.

SECTION 5.
Section 8.24.070 of Chapter 8.24, Property Blight, of the
Oakland Municipal Code is amended to read as follows:

8.24.070

Restriction of Use or Occupancy -- Dangerous Condition.

Whenever any condition set forth in this chapter is determined by the Building
Official, or his or her designee, to be dangerous and imminently hazardous to public
health and safety, the use or occupancy of the blighted property may be restricted in
accordance with the procedures set forth in Chapter 15.08 (the Oakland Housing Code)
of this Code. In addition to restricting the use or occupancy, the Building Official may
require other abatement actions to be taken including, but not limited to, lrnrnediate
repair or removal of the condition.

SECTION 6.
Section 8.24.080 of Chapter 8.24, Property Blight, of the
Oakland Municipal Code is amended to read as follows:

8.24.080

Abatement procedures.

The Building Official, or his or her designee, may institute procedures for
abatement of any conditions set forth in this chapter, except where such conditions are
otherwise authorized or permitted by law. The provisions as set forth in Chapter Hi.08
(the Oakland Housing Code) including, but not limited to, Conditions of Compliance
which assure expeditious abatement of conditions by the property owner and Chapter
1.28 of this Code shall apply to any such abatement. Fees, charges, penalties, and
interest assessed for any abatement action performed by, or on behalf of, the City
including, but not limited to, costs incurred in relocating occupants of the blighted
property shall be recovered by the City in accordance with the provisions set forth in
Chapter 15.0B (the Oakland Housing Code) of this Code. The Building Official may
establish time durations for abating blighting conditions which serve the best interests
of the City of Oakland and may subsequently limit or extend or otherwise adjust such
durations for good cause.

SECTION 7.
Section 8.24.090 of Chapter 8.24, Property Blight, of the
Oakland Municipal Code is amended to read as follows:

8.24.020(0)(1)
Property which is not kept clean and sanitary and free from
all accumulations of offensive matter or odor including, but not limited to, overgrown or
dead or decayed trees, weeds or other vegetation, rank growth, dead organic matter,
rubbish, junk, garbage, animal intestinal waste and urine, and toxic or otherwise
hazardous liquids and substances and material. For the purposes of this section the
term "rubbish" shall include combustible and non-combustible waste materials, except
garbage; and the term shall also include the residue from the burning of wood, coal,
coke, and other combustible material; and the term shall also include paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, hay,
straw, tin cans, metal, mineral matter, glass, crockery, and dust; and the term shall also
include animal feed and the products of and residue from animal quarters. For the
purposes of this section, the terms "animal" and "animal quarters" shall be as set forth
in Chapter 6.04, Animal Control Regulations Generally, of this Code.
8.24.020(0)(3)
Property which is likely to or does harbor rats or other
vectors, vermin, feral pets, or other non-domesticated animal nuisances.
8.24.020(0)(4)
Property which substantially detracts from the aesthetic and
economic values of neighboring properties including, but not limited to, personal
property and wares and food stuffs, premises garbage and refuse receptacles, ancl
commercial and industrial business activities which are inadequately buffered from any
street, sidewalk, or other publicly trafficked area or such buffering which is inadequately
maintained. For the purposes of this section, "buffered" shall apply to the provisions set
forth in Title 17 (the Oakland Planning Code), Chapter 17.110 of this code.
8.24.020(0)(5)
Landscaping which is inadequately maintained or which is
not installed as required by City codes or any permit issued in accordance with said
codes.
8.24.020(0)(6)
Matter including, but not limited to, smoke, odors, dust, dirt,
debris, fumes, and sprays which is permitted to be transported by wind or otherwise
upon any street, course, alley, sidewalk, yard, park, or other public or private property
and which is determined to be a violation of federal, state, regional, or local air quality
regulations.
8.24.020(0)(7)
Property including, but not limited to, building facade,
window, doorway, driveway, walkway, fence, wall, landscaped planter or area,
sidewalk, curb and gutter, and edge of street pavement on which dirt, litter, vegetaltion,
garbage, refuse, debris, flyers, or circulars have accumulated.
8.24.020(0)(9)
Parking lots, driveways, paths, and other areas used or
intended to be used for commercial and industrial business activities including, but 110t

8.24.090

Procedures of this Chapter -- Cumulative

Procedures used and actions taken for the abatement of property blight are not
limited by this chapter. Procedures and actions under this Code may be utilized in
conjunction with, or in addition to, any other procedure applicable to the regulation of
buildings, structures, or property, including, but not limited to, injunctive or other judicial
relief, and the impositions of administrative penalties pursuant to the provisions of
Chapter 1.28 of this Code.
All property blight conditions which are required to be abated pursuant to the
provisions and permit requirements of this chapter shall be subject to all provisions of
this Code mcludinq, but not limited to, building construction, repair or demolition and to
all housing, zoning, traffic and fire code provisions, except that the provisions set forth
in Title 12, Streets, Sidewalks, and Public Improvements, Chapter 12, Improvements
Generally, Section 12.16.030 of this Code shall not apply.

~dlLrtd: 3-ID-4b

IN COUNCIL, OAKLAND, CALIFORNIA,

MAR 2"

1998

, 19

PASSED BY THE FOLLOWING VOTE:

AYES- BRUNNER, CHANG, DE L~UENTE, MILEY, NADEL, REID, RUSSO, SPEES AND
PRESIDENT HARRIS - ~
NOES-

/J{fI"l.Q--

tJ~
ABSTENTION- N~
ABSENT-

ATIE:

600-243 (2197)

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oj the City at Oakland, Calif

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