APPROVED AS Tp-FORM AND LEGALITY

INTRODUCED BY COUNCILMEMBER

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ORDINANCE No. JllHC. M. S.

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ORDINANCE
AMENDING
THE
PROPERTY
BLIGHT
ORDINANCE PROVISIONS OF THE OAKLAND MUNICIPAL
CODE TO DELETE PROVISIONS ALLOWING PARKING AND
STORAGE OF INOPERATIVE VEHICLES IN SIDE AND
REAR YARDS IN EXCESS OF 72 HOURS

WHEREAS, the Property Blight Ordinance contained in the

Oakland Municipal Code Chapter 15, Article 1, section 15l.02(6)(c), currently permits the parking, keeping and storing of
wrecked, dismantled or disassembled vehicles, or parts thereof,
in side or rear yards of private property if done in accordance
with specified square footage and set back conditions; and
WHEREAS, the parking and storage of said inoperative
vehicles in the yards of private residences has resulted in
property blight which threatens the health, safety, and general
welfare of the citizens of Oakland and creates a public nuisance;
and
WHEREAS, prohibiting and abating the parking, keeping
and storing of these inoperative vehicles in the side or rear
yards of private property will promote the health, safety, and
general welfare of the citizens of Oakland; and
WHEREAS, the accumulation of abandoned, wrecked,
dismantled or inoperative vehicles on public or private property
tends to reduce the value of surrounding property, invites
plundering and creates fire hazards, obstructs access to property
in the event of emergencies, and constitutes an attractive
nuisance and thus poses a threat to the health and safety of
children; and
WHEREAS, in the interest of uniformity as regards the
enforcement of city of Oakland codes and ordinances, the Property
Blight Ordinance provisions of the Oakland Municipal Code should
be amended to reflect vehicle abatement procedures set forth in
the Oakland Traffic Code, section 301 et seq.; and
WHEREAS, the state mandated procedures for abatement of
illegally stored, kept or parked inoperative vehicles is set
forth in the Oakland Traffic Code, Article XXII; and

600-245-005 (7/83)

WHEREAS, the requirements of the California

Environmental Quality Act ("CEQA") of 1970 and the provisions of
the Statement of Objectives, Criteria and Procedure for
Implementation of CEQA, have been satisfied and the City Review
Officer has determined that this Ordinance is categorically
exempt from CEQA; now,
THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES
ORDAIN AS FOLLOWS:
Section 1. The Property Blight Ordinance of the Oakland
Municipal Code, Chapter 15, is amended as follows:
A.
Section 15-1.02(6)(c) is amended to delete subsections
(1), (2), and (3), said exceptions allowing storage of inoperable
vehicles in side and rear yards.
B.

Section 15-1.05, shall be amended as follows:

"SEC. 15-1.05 ENFORCEMENT RESPONSIBILITY
DELEGATION OF AUTHORITY.
The City Manager of the
City of Oakland delegates to the Housing Division
Official of the City the responsibility for the
administration of this Chapter. All City
employees designated by the Housing Division
Official are authorized to make such inspections
and to take any actions on behalf of the Housing
Division Official as may be required to enforce
the provisions of this Chapter. Only employees of
the Police Department shall be responsible for
removal, under the Traffic Code, of blight caused
by abandoned, wrecked, dismantled or inoperative
vehicles. Police Department employees are
authorized to make such inspections and to take
any actions as may be required to enforce the
provisions of this Chapter related to blight
caused by abandoned, wrecked, dismantled or
inoperative vehicles."

C.

Section 15-2.01, shall be amended as follows:

"SEC. 15-2.01

ABATEMENT

IMMINENT DANGER

(1) Any condition of property blight which is

reasonably believed to be imminently dangerous to the
life, limb, health or safety of the occupants of the
property or to the public may be abated in accordance
with the procedures of Chapter 3 of the OaKland Housing
Code; provided, however, that the Chief of Police of
the Oakland Police Department or his/her designee shall
be responsible for abatement of such imminently
dangerous conditions involving abandoned, wrecked,

dismantled or inoperative vehicles in accordance with

the procedures of the Oakland Traffic Code,11
Section 2.
The City Council makes the following findings in
support of adoption of this Ordinance:
A.
This Ordinance is necessary to protect the public
health, safety and welfare; and,
B.
The City council finds and determines that this
Ordinance complies with the California Environmental Quality Act
and all local CEQA implementing regulations. The City's Review
Officer is directed to file a Notice of Exemption with the
Alameda County Clerk.
Section 3.
This Ordinance shall take effect 30 days from the
date of passage.

h: \jpt\pscom\omcvehcl .ord

MAR 21993
IN COUNCIL, OAKUVNQ CALIFORNIA,

, 19

PASSED BY THE FOLLOWING VOTE:

AYESBAY7ON, DE LA FUENTE, JORDAN, MILEY, MOORE, OGAWA, SPEES, WOODS-JONES, and PRESIDENT
HARRIS , -9
NOES- NONE
ABSENT-

NONE

ABSTENTION

NONE

-3ATTEST: _

600-243 tu

erk and Clerk of thCouncil

of the City of Oakland, California