§ 8.54.450. Alternative monetary penalties for violations of California Civil Code Section 2929.3.

A.

This section is intended to carry out the provisions of California Civil Code Section 2929.3. Nothing in this section shall be interpreted or implemented in a manner that is inconsistent with State law. If there is a conflict between the provisions of State law and this section, State law shall control.

B.

The City may elect to impose monetary penalties on a legal owner, pursuant to California Civil Code Section 2929.3, if that legal owner fails to maintain vacant residential property that is either purchased at a foreclosure sale or acquired through foreclosure under a mortgage or deed of trust.

1.

For purposes of this section, "fails to maintain" means failing to care for the exterior of the property, including, but not limited to, permitting excess foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers, squatters or other unauthorized persons from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water, or other conditions that create a public nuisance.

C.

The City may impose a fine of up to $1,000.00 per day for each day that the legal owner fails to maintain the property as required by this section, commencing on the day following the expiration of the period to remedy the violation, as established by the City in Subsection D.

1.

In determining the amount of the fine, the City shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation.

2.

Fines and penalties collected pursuant to this section shall be directed toward local nuisance abatement programs.

3.

Pursuant to Section 2929.3 of the California Civil Code, the City may not impose fines on a legal owner under both this section and any other local ordinance. However, Section 2929.3 of the California Civil Code shall not preempt any local ordinance.

4.

Notwithstanding Subsection C.3. above, the rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.

D.

If the City imposes a fine pursuant to this section, the City shall give notice of the alleged violation to the owner of record. The notice shall include a description of the conditions that gave rise to the alleged violations, and state the City's intent to assess a civil fine if action to correct that violation is not corrected within a period of not less than 30 days.

1.

The notice shall be mailed to the address provided in the deed of trust or other instrument as specified in subdivision (a) of Section 27321.5 of the Government Code, or if none to the return address provided on the deed or other instrument.

2.

If the violation(s) are not corrected after the City has mailed the notice of violation pursuant to Subsection 8.54.340.D.1., the responsible party or the beneficiary and/or trustee as appropriate shall remedy the violations contained in the notice. All measures to remedy the violations contained in the notice shall comply with the Oakland Municipal Code.

3.

The City may provide less than 30 days' notice to remedy a condition, if the City determines that a specific condition of the property threatens public health or safety and the notice of violation states that there is a threat to public health or safety and lists the required time to correct the violation.

(Ord. No. 13126, § 2, 6-19-2012)