§ 15.08.150. Certificate of occupancy.  


Latest version.
  • A.

    General. It shall be unlawful to occupy or otherwise use or let to another for occupancy or other use any building or structure or portion thereof for which a Certificate of Occupancy has not been issued where such Certificate is required by the Oakland Building Construction Code.

    A Certificate of Occupancy shall limit the use and occupancy of a building or structure and shall continue as valid until such Certificate is revoked or expires, or until such time as a change in the occupancy or use of the building or structure or a Substandard condition as defined in Article X of this Code shall occur, or until the building or structure is demolished.

    A Certificate of Occupancy shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions or requirement of any laws or ordinances of the City of Oakland nor shall such issuance thereafter prevent requiring corrections of errors or of violations of any applicable law or ordinance of the City of Oakland.

    B.

    Issuance. The record owner of a property or the owner's designated agent may request the re-issuance of a Certificate of Occupancy. At the time of filing of such request, a fee shall be paid as established in the Master Fee Schedule.

    The re-issuance of a Certificate of Occupancy or the renewal of a revoked or expired Certificate of Occupancy shall be approved by the Building Official only after all of the following have been completed:

    1.

    Application by the record owner of the property or the owner's designated agent for a Report of Permit Record; and

    2.

    Application by the record owner of the property or the owner's designated agent for a Certificate of Occupancy; and

    3.

    Application for and issuance of all approvals, valid house numbers and street names, and permits required by the Oakland Building Construction Code and the Oakland Planning Code and Oakland Municipal Code; and

    4.

    Execution by the record owner of the property or the owner's designated agent and a prospective purchaser of the property of a Conditions of Compliance agreement, as applicable; and

    5.

    Approval of permit final inspections; and

    6.

    Approval of Certificate of Occupancy final inspections; and

    7.

    Payment of all associated fees, assessments, securities and deposits, penalties, and accrued interest.

    A temporary Certificate of Occupancy may be issued for re-occupation or re-use of a building, structure, portion thereof, or real property prior to the completion of the rehabilitation of the building or structure or repair of the real property if the Building Official finds that no substantial hazard will result from the re-occupation or re-use, but such temporary Certificate shall expire at the conclusion of the time limitation set forth therein and thereafter shall be no longer valid.

    C.

    Revocation. An existing or temporary Certificate of Occupancy may be revoked for one or more of the following causes and thereafter no longer be valid:

    1.

    Any occupancy or use not specifically authorized by or any violation of or failure to comply with a condition of the issuance of an existing or temporary the Certificate of Occupancy; or

    2.

    Continued existence of Substandard and Public Nuisance conditions as defined in Article X of this Code; or

    3.

    Discovery of any false statement or misrepresentation made by the applicant; or

    4.

    Any condition which jeopardizes the health or safety of the occupants or the public.

    Any building or structure for which a Certificate of Occupancy or temporary Certificate of Occupancy has expired or has been revoked may be ordered vacated in accordance with Article XI of this Code.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)