§ 15.08.380. Order to vacate.

A.

Vacant Building.

1.

A building or structure declared Substandard and a Public Nuisance under this Code which by action of the record owner of the property or by Order of the Building Official has become unoccupied shall be secured and maintained against entry and shall not be re-occupied for any circumstance until the violations causing the Substandard conditions have been fully corrected and a renewal Certificate of Occupancy has been obtained by the record owner and all fees, costs, penalties, and interest have been paid.

2.

The Building Official shall prominently post at or upon each entrance of a building or structure declared Substandard and a Public Nuisance and at such other conspicuous locations on the premises as are deemed necessary, an Order which shall be in substantially the following form:

City of Oakland

DO NOT ENTER

UNSAFE TO OCCUPY

SUBSTANDARD PREMISES

The premises has been declared a Public Nuisance and shall remain vacant and shall not be entered or re-occupied for any circumstance without prior written approval from the Building Official

The Owner of Record of this property at the time of this posting is _______

It is a misdemeanor punishable by a fine of $100 to enter or to occupy this building or to remove or mark this notice without written authorization from the Building Official. Subsequent violations can result in punishment of up to six months in jail and/or fines of up to $1,000.

B.

Dangerous Building or Structure. Whenever a building or structure declared Substandard and a Public Nuisance under this Code is in such Unsafe condition as to make it dangerous either to life and limb of the occupants or to private or public property or to health or safety of the public, it shall be ordered to be vacated and secured and maintained against unauthorized entry.

C.

Imminent Hazard.

1.

Whenever a building, structure, portion thereof, or real property, whether declared Substandard and a Public Nuisance under this Code or otherwise, is in such immediately dangerous condition due to the existence of or to the perilous risk from natural gas explosion, or electrical shock, or chemical toxicity or asphyxiation, or structural collapse, or riparian inundation, or geotechnical instability, or sewage contamination, or potable water cross-contamination, or urban-wildland conflagration, or other immediately dangerous conditions as determined by the Building Official as to make it a clear and certain endangerment to property, or a manifestly unhealthy or unsafe environment for the public, or an imminent hazard to life and limb of the occupants or City employees in the performance of their official duties, the Building Official may cause the immediate vacation of the premises and all other endangered property similarly in perilous risk and the immediate abatement by the City or its contractors of all immediately dangerous and perilous conditions or defects.

2.

Whenever the Building Official will cause the immediate vacation of the premises and all other endangered property similarly in perilous risk or the immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, reasonable measures shall be taken to notify the record owner of the property of the pending abatement actions, including, but not limited to, visual communication by posting of the premises and oral communication by telephone or in person and written communication by personal delivery or electronic mail or facsimile, unless circumstances and time do not otherwise warrant and permit.

3.

Whenever the Building Official will cause or has caused the immediate vacation of the premises and all other endangered property similarly in perilous risk or the immediate abatement by the City or its contractors of all dangerous and perilous conditions or defects or both, an expedited administrative hearing as provided in Section 15.08.410 of this Code shall be scheduled within two days (excluding weekends and City observed holidays) of receipt by the Building Official of a written appeal and fees as established in the Master Fee Schedule from the record owner of the property.

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