ROVED AStO FORM AND LEGALITY

INTRODUCED BY COUNCILMEMBER.

. M. S.

ORDINANCE No

ORDINANCE AMENDING OAKLAND MUNICIPAL CODE SECTION 3-1.06

TO PERMIT THE BUILDING OFFICIAL TO DESIGNATE AUTHORITY TO
INSPECT ANY PREMISES FROM WHICH SMOKE, SOOT, ASHES OR
CINDERS ARE DISCHARGED

WHEREAS, Section 3-1.06 of the Oakland Municipal Code (OMC), was originally
enacted in 1971 and has not been amended since the date of enactment; and
WHEREAS, the original provision delegates the authority for inspecting properties that
emit excessive soot, smoke, ashes or cinders to the City of Oakland "Health Department"; and
WHEREAS, there is currently no City of Oakland Health Department, most of the: duties
once performed by said department now subsumed by other state and county agencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND HEREBY
ORDAINS AS FOLLOWS:
Oakland Municipal Code section 3-1.06 is hereby amended to read as follows:
"SEC. 3-1.06 SMOKE AND SOOT. ENFORCEMENT. The Building Official or
his or her designee shall have the authority to enter, during reasonable hours, upon
any premises upon which is located any flue, chimney, smokestack, or any other
structure or appliance from which any smoke, soot, ashes or cinders shall be
discharged, for the purpose of making an investigation as to the cause of the
discharge and for the purpose of ascertaining the kind or character of fuel used,
and the manner of using the same, and any other fact or facts showing compliance
with or violation of Section 3-1.04 of this Article."

NOV \ 1
IN COUNCIL, OAKLAND, CALIFORNIA

.,19

PASSED BY THE FOLLOWING VOTE:

AYES- SMYIUN, CHANG. OC Lrt FUOHTE, JORDAN, MILEY, RUSSO,
HARRIS

', WOODS-JONES, and PRESIDENT

ATTEST;

85621-1
600-241 (1/95)

CEDA FLOYD
sy
City Clerk and Clerk of the Codnpir
of the City of Oakland, California