§ 8.54.320. Maintenance requirements.

A.

It is declared a public nuisance for any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls, or manages any property subject to the registration requirement of this Chapter, to cause, permit, or maintain any property condition contrary to any provision of this Chapter. Consequently, the following maintenance requirements as to any property subject to the registration requirement of this Chapter.

B.

Properties registered pursuant to this Chapter, including a property that has been issued a notice of default and deemed abandoned, shall be maintained according to the following standards:

1.

Any property subject to this Chapter must comply with the requirements of Chapter 8.24 of this Code entitled, "Property Blight."

2.

The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building material, any accumulation of newspaper, circulars, flyers, notices (except those required by Federal, State or local law), discarded personal items including, but not limited to, furniture, mattresses, automobile tires, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

3.

The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting over of graffiti shall be with an exterior grade paint that matches the color of the exterior structure. Removal shall occur within 48 hours of placement on property.

4.

Landscaping includes, but is not limited to, grass, turf stain, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf/sod designed specifically for residential installation.

5.

Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch (unless applied in conjunction with reseeding of turf areas), indoor-outdoor carpet or any similar material.

6.

Maintenance includes, but is not limited to, regular watering, irrigation, staining, restaining, cutting, pruning and mowing of required landscape and removal of all trimmings.

7.

Pools and spas shall be kept in working order so that water remains clear and free of pollutants and debris, or alternatively shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirement of State or other law.

8.

Adherence to this section does not relieve the responsible party of any obligations set forth in any portion of the Oakland Municipal Code or in any covenants, conditions, and restrictions and/or homeowners' association rules and regulations which may apply to the property.

9.

Utility services to residential property subject to registration shall not be terminated if the property is lawfully occupied by tenants who are currently under a valid rental agreement with the trustor. Nothing in this section precludes an owner from recovering such costs from a tenant who is obligated to pay utility costs pursuant to a valid rental agreement.

10.

Nothing in this Chapter relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by the Oakland Municipal Code or other governmental entities.

(Ord. No. 13126, § 2, 6-19-2012)