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8/9/2019 Unattended Donation Boxes Regulations 2
1/13
C IT Y
O F O K L N D
ipf(CEOFTHECll
X
C( Pt^
2fll5J N29PM3:05
GEND REPORT
T O : J O H N
A .
F L O R E S
,
I N T E R I M
C I T Y
A D M I N I S T R A T O R
F R O M : Rachel
Flynn
S U B J E C T :
Supplemental Report - Unattended D A T E :January 28, 2015
Donation/CollectionBoxesRegulations
City
Administrator
Approval
Date
C O U N C I L
D I S T R I C T :
City-Wide
RECOMMENDATION
Staff
recommendsthatthe Councilconduct a
Public
Hearingand uponconclusionconsider:
Adopting An Ordinance 1)EstablishingOakland Municipal Code (OMC) Chapter 5.19
UnattendedDonation/Collection
Boxes
And 2) Amending The Master Fee
Schedule
(Ordinance No. 13171
C.M.S.
AsAmended)And
OMCSections
1.12.020AAnd
1 12 060
ToEstablish Application,
Inspection,
Appeal And OtherFees,Administrative Citations
And
Fines RelatedToUnattendedDonation/Collection
Boxes.
RE SONFOR
THE
SUPPLEMENT LREPORT
ExhibitAofthe ordinanceinthe
original
submittal to the
City
Administratorcontained proposed
text amendments to theOaklandM unicipalCode
( O M C ) . This
exhibit contained two parts: Part
1 was an entirely new Chapter (Chapter 5.19) intheO M C ;Part 2 contained changes to existing
Chapter 1.12ofthe
O M C .
Ingeneral, proposed new text intheO M Cis underlined(i.e.text) and deleted text is in strikeout
font(i.e.text) so it is clear to the
City
Councilthe exact amendments proposed to the O M C .
However,forpurposes ofclarity,it has been staffs practice to not underline text
that
is an
entirely new Chapter
of
the
O M C ;
therefore, Part
of
Exhibit
A
did
not contain underlined text.
Staff
didnotincludeunderlines or strikeoutsinPart 2of
ExhibitA ,
even though it contained
proposed amendments to an
existing
Chapter
of
the O M C . Attachment A
of
this supplemental
report containsa llthe appropriate underlines and strikeouts and replacesExhibitAofthe
original
ordinance.
Item:
City
Council
February 3, 2015
8/9/2019 Unattended Donation Boxes Regulations 2
2/13
John A .Flores, Interim
Ci ty
Administrator
Subject: Supplemental Report - UnattendedDonation/Collection
Box
Regulations
Date: January 28, 2015
Page 2
For
questionsregarding thisreport, pleasecontactNei lGray,Planner III at (510)238-3878.
Respectfully
submitted,
Attachments:
A . CorrectedExhibitA
4^
lachelFlynn
'ActingDirector,Department of
Economic
&
WorkforceDevelopment
Reviewedby ScottMiller ,
Zoning
Manager
Prepared by Neil
Gray,
Planner III
Item:
City Council
February 3, 2015
8/9/2019 Unattended Donation Boxes Regulations 2
3/13
CORRECTED
January28, 2015
EXHIBITA :TEXT AMENDMENTS
PART1
Chapter 5.19 is added to the
O . M . C .
as
follows:
CHAPTER5.19:
UNATTENDED
DONATION/COLLECTION
BOXES
A r t i c l e
I - General Provisions
5.19.010-Purpose.
5.19.020 -
Conflicting
Provisions.
5.19.030-Violation.
5.19.040 - Responsibility.
5.19.050-Definitions. ^
A r t i c l e
II -
U D C B
Permit Requirement and Process
5.19.060 - Permit required forU D C B s .
5.19.070 -
Application
Requirements.
5.19.080 - Requirements for the approval of a
U D C B
permit.
5.19.090 -
TimeL i m i t
for
F i n a lDecision.
5.19.110 - U D C BpermitExpirationand
Renewal.
A r t i cl eIII -
Standards
and Requirements
5.19.120 -
Location.
5.19.130 -
Physical
Attributes.
5.19.140 - Maintenance.
5.19.150 -
Liabil i tyInsurance.
A r t ic l e
IV - Code Enforcement
5.19.160 -
Compliance
Process.
A r t ic l e
I - General Provisions
5.19.010-Purpose.
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The
purpose
ofthese
regulations is to promote the health, safety, and
welfareof
the
public
by
providing minimumstandardsforthe operationofUnattended
Donation Boxes( U D C B s )
This
includesestablishingcriteriato
ensure
thatmaterial is notallowedto accumulate outsideo fthe
U D C B s ,the
U D C B s
remain free of
graffiti
and
blight,U D C B s
are maintained in sanitary
conditions,and
users
are
fullyinformedofthose
who
operate
the U D C B s .
5 19 020
-Conflicting
Provisions.
Where
aconflictexists between the regulations or requirements inthis Chapter and applicable
regulations or requirements contained in other Chapters
of
theO M C ,theapplicableregulations or
requirements
of
this Chaptershall prevail.
5 19 030
- Violation.
Failure
to
complywith
any
of
theprovisions
o f
this Chapter is declared to be prima facie
evidence of an
existingviolation
and acontinuingblight andshallbe abated by the
Director
in
accordance
with
theprovisionsofthis Chapter.
15.19.040 -Responsibility.
The
parcel owner and the
U D C B
operator (operator) havejointand several
liability
for conditions
orregulations, fees, citations, and/orpublicblight relating to a
U D C B .
The parcel owner remains
liablefor any
violation
of duties imposed by this Chapter even ifthe parcel owner has, by
agreement,
imposed on the operator the duty of
complyingwith
the provisions
ofthis
Chapter.
5 19 050
-Definitions.
AccessoryA ctivi ty means
ari
activitythat
is
incidental
to, andcustomarilyassociated
with,a
specified
principal
activity. ^
Agent means
a person who is authorized by the parcel owner to act on theirbehalfto be the
applicant
foraU D C Bpermit. To be considered anagent,a person must begivenwritten
authorizationfromthe parcel owner on aform
provided
by the
City
to apply
specifically
fora
U D C B
permit
For
the purpose
of
this chapter, a person who isonly
given
general authorization
to act on the behalf of
a
parcel owner
for
various activities and transactions inregardsto
a
property is not considered an
agent.
Blight or nuisance
means
the conditions as setforthinOaklandM unicipalCode Section
8 24 020.
BuildingOff ic ia l
means
the
Directoro f
the Bureau
ofB uilding
and his or her successor
in
title
and his or her designees.
Bureau of
Building
and Bureau of
Planning
includes their successors
intitle, ifany
Director means
the
Directoro f
the Bureau of
Planning
andBuildingand his or her successor in
titleand his or her designees.
Donated/Collected
Material means
salvageable personal property, such asclothingand books
and household items
that
is collected
for
periodic
transport
off-site
for
processing or
redistributionor both
ParcelOwner
means
the owner ofrealproperty on
which
aU D C Bis or is proposed to be
placed
PrincipalA ctivity means
an
activitythatfulfills
aprimary
function
of an establishment,
institution,household, or other entity.
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Principal
B uilding means
a
main buildingthat
is occupied a
principal
activity.
U D C BOperator or Operator
means
a person or entity who
utilizes
or maintains aU D C Bto
solicit
donations of salvageable personal property.
U D C BPermit
means
the
City
ofOaklandpermit required to place,
operate,
maintain, or
allow
a U D C B
within
the
Oakland Citylimits.
Unattended
Donation/Collection Boxes
or
U D C B s
meansunstaffed
drop-off
boxes,
containers, receptacles, or
similarfacilitythat
accept
textiles,
shoes, books and/or other
salvageable personal property items to be used by the operator
for
distribution,resale, or
recycling.
UnpermittedU D C B
means
aU D C Bestablished either without aU D C Bpermit or
with
a
U D C Bpermit
that
was issued in error or on the basis ofincorrector incompleteinformation
supplied,orin
violation
of any law, ordinance, rule, or regulation.
Article II -
UDCBPermitRequirement
and
Process
5 19 060-
Permit
required forUDCBs.
A .
With
the exception
of UDCB s
described in Subsection
B ,
below, it is
unlawful
to place,
operate,
maintain or
allow
aU D C Bon any real property unless the parcel owner/agent and/or
operator first obtain aU D C Bpermit
from
the
City.
A
separate
U D C Bpermit is required for
eachU D C Bunless a secondU D C B is required for
overflow
items per Subsection 5.19 120
(G), in
whichcase
the permitforthe firstU D C Bcanincludethe secondU D C Bon a parcel.
B .
U D C B s
that
are either enclosed
within
aprincipal buildingor are accessory to aprincipal
activity
on a property owned or leased by thebin operatorshallnot require aU D C Bpermit.
However,U D C B s
that
are accessory to aprincipal
activity
on a property owned or leased by
thebin operatorshallmeetal lother requirements ofthis Chapter except the separation
requirement contained in 5.19 120(A)
C . TheU D C Bpermit applicantshallbe theU D C Boperator and the permit may not be
transferred, conveyed or otherwise assigned to another person or entity
D .
Decisions
regarding
U D C B
permit applications
shall
be made by the
Director
and the
Director
shallbe considered the investigating
official
actingforthe
CityAdministrator
under
Section
502.060.
5 19 070- ApplicationRequirements.
The UDCB
permitapplication
shall
be made on a
form
provided by the Bureau
ofPlanning
and
Zoning A l l
applications
shall
be
filedwith
the Bureau
ofPlanning
and
Zoning
and
shall
include:
A .
A signed
agreement
stating
that
the parcel owner/agent and operator
wi l l
abide by
al l
the
processes and requirements describedinthis Chapter and an expedited code enforcement
process;
B .
A non-refundableapplicationfee in an amount set by the Master Fee Schedule.
C.
For permit applications
forexistingU D C B s ,
a signed
affidavit
stating
that
the
U D C B
existed
at the proposed
location prior
to the adoption
ofOrdinanceN o.
13225
C M S
on
A p r i l22, 2014;
D
A signed authorizationfromthe parcel owner/agent to
allow
placementoftheU D C B ;
E .
A signed acknowledgement ofresponsibilityfromthe parcel owner/agent and the
operator forjointand severalliability for
violations
of
conditions
or regulations, and/or
public
blight relating to theU D C B ;
F Proof
of generalliabilityinsurance of at least one
million
dollars ($1,000,000) covering
the applicant'sU D C Band naming the
City
of
Oakland
as anadditionalinsured.
page 3of11
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G . For operators
solicitingfor
charitable purposes, proof
sufficient
to establish
that
the
operator who
wi l lutilize
the unattended donation box isqualifiedto
solicit
donations of
salvageable personal property pursuant toCalifornia
Welfare
and histitutions Code
Section148 3, as amended,
For
for-profit
operators, proof of
an
active business tax
certificatewith
the
City
of
Oakland.
For
nonprofit
operators, evidence
that
the
nonprofit
has been registered
with
the
City
ofOakland,
I
The name, address,email,website
( if
available)and telephone number of the
U D C B
operator and parcel owner,including24-hour contactinformation;
J.
A
vicinity
map showing
1)
the proposed
location of
the
U D C B ;
and 2) the distance
between the site anda ll
existing
U D C B s
within
1,000 feetofthe proposed U D C B
location;
K Photographs ofthe
location
and adjacent properties;
L . A site plan containing:
1.
Location
and dimensionsof allparcel boundaries;
2.
Location
ofall
buildings;
3. ProposedU D C Blocation,
4. Distance between the proposedU D C Band parcel linesbuildings,and
5.
Location
and dimension ofall
existing
and proposeddriveways,
garages,
carports,
parking
spaces, maneuvering aisles, pavement and
striping/marking.
M .
Elevationsshowingthe appearance, materials, and dimensions
of the UDCB,including
the location ofinformationand disclosures requiredinthis Chapter;
N . A description and/or diagramofthe proposedlockingmechanismofthe U D C B ,
O A maintenance plan(including
graffiti
removal,
pick-up
schedule, and litter and trash
removalon and around theU D C B )thatis
sufficient
to prevent/eliminate blight-related
conditions;and
P . A n yother reasonableinformationregarding time, place, and mannero f UD Boperation,
placement, and/or maintenancethattheDirectorrequires to evaluate the proposal
consistent
with
the requirements of this Chapter
5 19 080
-
Requirements
for the approval of
a
UDCB
permit.
The Director shall
not issue a
U D C B
permit unless each
o f
the
following
is true'
A .
The applicant has submitted a complete and accurateapplicationaccompanied by the
applicable
fee,
B .
A ny
verified
blight on the subject property has been abated and any
case
of
a
complaint to the
City
regarding blighted conditions on the subject property has beenclosed;and
C .
The proposal is consistent
withal l
the requirements
of
this Chapter.
5 19 090- Time Limit for FinalDecision.
The Director shall
provide a written
decision
regarding the placement of
a U D C Bwithinsixty
(60) days
o f
the submission of
a
completeapplicationfor a
U D C B
permit.
5 19 100
-
Appeal and
Petition
Processes.
A . Within
ten (10) calendar days after the
date
of
adecision
by the
Director
on anapplicationfor
a U D C B
permit or a renewal ofsuch,an appealfromsaid
decision
must be
filed
by the
applicant
or any other interested party. The appealshallbe submitted to the Bureau of
Planning
at
250 FrankH .Ogawa
Plaza,
2 ''Floor,Oakland,C A94612.hi the event the last
date
of appeal
falls
on a weekend or
holiday
when
Cityoffices
areclosed,the next
date
such
offices
are open for businessshallbe the last
date
of appeal. Such appealshallbe made on
a
formprescribed by the Bureau
ofPlanning
andshallbe
filedwith
such Department, along
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8/9/2019 Unattended Donation Boxes Regulations 2
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withthe appropriatefeesrequired by theCity'sMaster Fee Schedule. The appeal shall
state
specifically
wherein it isclaimedtherewas an error orabuseof discretion by the Director or
wherein his or her decision is not supported by the evidence in the record. The appealitself
must raise each and every issuethatis contested, alongwithalltheargumentsand evidence
inthe record,whichsupportsthe basisofthe appeal;failureto do sowillpreclude the
appellant
from
raising such issues during the appeal and/or in court. In considering the
appeal, the CityAdministratorshall determine whether the proposal conforms to the
requirements ofthis Chapter, and may
grant
or deny a permit or require such
changes
inthe
proposed use or impose such reasonable conditions of approval as are initsjudgment
necessary to
ensure
conformity
to saidcriteria.The written decisionofthe CityAdministrator
shall
befinaland shall bemadewithinsixty (60) days
of
the submission
of
the appeal.
B
The applicant seeking-placement of
a U D C B
which wouldbe affected by this ordinance and
who
contendsthat
the ordinance as applied to him or her
would
beunlawfulunder and/or
conflict
with
Federal,State,orlocallaw or regulation, must submit aPetitionto theCity
Administratorrequestingrelieffromthe ordinance. Petitions must be on the appeal form .
providedby the Bureau
of
thePlanningand submitted to the Bureau at 250 Frank H Ogawa
Plaza,Suite 2114. Failureto submit such aPetition
wi l l
preclude such person
from
challenging the ordinance as applied in court. The Petition shall
identify
the
name
and
addressofthe applicant and property owner, the affected application number, and shallstate
specifically
and completely how the ordinance as applied to him or her
would
be
unlawful
under and/or in
conflict
withFederal,State,orlocallaw or regulation, and shall include
payment offeesin accordancewiththeCity'sMaster Fee Schedule. Failureto raise each and
every issuethatis contested
in
the Petition and provide appropriate supporting evidence
will
be grounds to deny the Petition andwi l lalso preclude the Petitionerfromraising such issues
incourt.Withinsixty calendar days of receiptofthe completedPetition,theCity
Administrator,or designee, shallmailto the applicant a written determination accepting or
rejecting the Petition The written decision of theCityAdministratoris finalTheC ity
Administrator
wi l l
utilizereasonable time, place and mannercriteriato determine ifthe
Petitionshould be granted or denied consistent
with
this Chapter. Ifthe Petition is granted,
the Citymay impose reasonable time, place and manner-related conditions on the U D C B
consistentwiththischapter.
5 19 110- UDCB
permit
Expiration andRenewal.
A . Unless renewed as described in SubsectionB ,below, eachU D C Bpermitshallexpire and
become
null
andvoidannually on the anniversary ofitsdateof issuance.
B .
AU D C Boperator may apply for permit renewal by submitting to the Bureau ofPlanningat
least one month prior to the expirationofthe activeU D C Bpermit. Renewal requires an
applicationand a non-refundable renewal fee in an amount set by the Master Fee Schedule.
C . The Directorshalleither approve or deny the renewal ofa U D C Bpermit
within
thirty (60)
days of receiptofthe complete renewal application and payment ofthe renewal fee. The
failureofthe Bureau ofPlanningto actwithinthis timeframe shall constitute approval of the
U D C B
permit renewal.
D . The Directorshallapprove the renewal ofa U D C Bpermitif heor she findsthatno
circumstances existed during the termoftheU D C Bpermit or existed at any time during the
review
ofthe applicationforrenewalthatare inconsistentwithanycriteriarequired for
approval
of
a
new
U D C B
permit asspecifiedin Section 5.19.080 orthatwouldjustifythe
revocationof
the
U D C B
permit asspecifiedin Section 5.19.160(E)
E.
See Section 5.19.100 forthe appeal and petition
processes
fo r UD CBpermit decisions,
includingdecisions regarding renewal.
A r t i c l eIII - Standards and Requirements ^
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5 19 120- Location.
A . N oU D C Bshall be located
within
one thousand (1,000) feetfromanother
U D C B ,
except
thosedescribed in Subsection519.060 (B).
1.
U D C B s
are onlyallowedto be located in thefollowingzones,whichare designated in
thezoningmaps described in Chapter 17 of the OaklandM unicipalCode:
a. RU-5;
b C C - l a n d C C - 2 ,
c CN-4;
d. CR-1;
e. D - B V - 2 a n d D - B V - 3 ;
f C-40 andC-45,
g. S-1 and S-2;
h.
D - K P - 1 , D-KP -2 ,
andD- KP- 3 ;
i
D - C E - 1 ,
D-CE-2 , D-CE-4 , D-CE-5 ,
and
D-C E -6 ,
j
D - B V- . l ,
D - B V - 3 ,andD - B V - 4 ,and
k.
A l lindustrial zones.
B .
AU D C Bis only permitted on a lot
that
also contains both aprincipal buildingand aprincipal
activity,
not
including
a surface
Auto
Fee
Parking Commercial
A ctivity
as defined in Section
17.10 of theOaklandM unicipalCode.
C . U D C B sare prohibitedi fthey are
within
any of thefollowinglocations 1)fifteenfeetfrom
lotsthatlie in aHillsideResidential,DetachedUnitResidential,orM ixedHousingType
Residentialzone as designated
in
theCity'szoningmaps; 2) 20 feetofthe rightof
way;
or 3)
fivefeetfromany property line
D . U D C B s
are not permitted
in
the
right-of-way
E .
U D C B scannot block or impede access to required parking or driveways, pedestrian routes,
emergency
vehicles,
buildingingress and
egress,
handicappedaccessibility,or required
easements.
F . U D C B s
cannot impede thefunctioningof exhaust, ventilation,or fire extinguishing systems.
G . No more than oneU D C Bis permitted per parcel unless documented evidence is submitted to
the
Director
that
a second bin is required due to the volume of items delivered to the site A
U D C Bmust be operating at a site for at least 90 days in order to establish
that
a second bin is
required. BothU D C B sshall have the
same
operator No fee is required to submit an
application forthis second bin
H . The donation area must bevisiblefromtheprincipal
building
and be no more than ten (10)
feet
from
acontinuallyoperating light source of at least one foot candle.
5 19 130-Physical Attributes.
A
U D C B s
shall-
1. Be fabricated of durable and waterproof materials;
2. Be placed on groundthatis paved
with
durable cement.
3 Have acollectionopeningthathas a tamper-resistant lockingmechanism;
4. Have the
following
informationclearly displayed:
a. Ownership and operatoridentification;
b. Address and parcel number of the site;
c. U D C Bpermit
information
andU D C Bidentificationnumber on aCityissued sticker,
d. Statement regarding theIRSstatusofthe operator;
e. Astatement thatreads, This
collection
box is owned and operated by afor-profit
company ifthe operator is afor-profitbusiness or
This collection
box is owned and
operated by a non-profit organization ifthe operator is a nonprofit organization.
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f. Instructions on process to registeracomplaint regarding the U D C Bto the CityCode
EnforcementD ivision;
g. Contact information (24-hour phone number, address, email)forthe operator and the
parcel owner/owner'sagent;
h. AstatementfromBureau ofPlanning indicatingstandardsand conditions for
maintenance; and
1. A description of accepted and prohibited donation materials.
B
U D C B s shall not:
1 Be more than eighty-two (82) incheshigh, fifity-six(60) inches wide andfifty(50) inches
deep,
2.
Beelectricallyorhydraulicallypowered or otherwise mechanized, or
3. Be a fixtureofthe site or considered an improvement to real property
5 19 140-Maintenance.
A
No blight shall bewithintwenty (20) feeto fthe U D C Bincluding,but notlimitedto donation
overflow,litter, debris, and dumped material.
B .
U D C B s shall be maintained and in goodworkingorder. Itemsto be repaired, removed,
and/or abated include, but are notlimitedtograffiti,removed or damaged signs and
notifications, peeling paint, rust, and brokencollectionoperating mechanisms.
C . U D C B s shall be serviced not less than weekly between 7:00 am.and 7:00p.m. on weekdays-
and 10:00 a.m. and 6:00 pm.on weekends. Thisservicingincludes the removal of
donated/collected material and
abatement
of the blight described this section.
D . The operator shall maintain an active emailaddressand a 24-hour telephone servicewith
recordingcapability
for
thepublicto register complaints.
E U D C B scannot be used forthecollectionofsolidwaste recyclables or any hazardous
materials.
5 19 150
-LiabilityInsurance.
Applicantsand/or owner/ownersagentshall maintain aminimumgeneral
liability
insurance of
one
million
dollars ($1,000,000) forthe durationofthe operation ofa U D C B
at
each site, to cover
any claims or losses due to the placement, operation, or maintenance oftheU D C Band naming
'the
City
of
Oakland
as additional insured.
Article IV- CodeEnforcement
5 19 160-
Compliance
Process.
A . Whenever theBuilding OfficialdeterminesthataU D C B
with
avalidpermit
does
not
conform
to any requirement inthis Chapterhe/sheshall promptlynotifythe parcel owner and
U D C B
operator through electronicmail
of
theviolation. Theviolationmust be abated
within
ten (10) days after receipt of suchnotification.
B .
Ifanunpermitted U D C Biswithinone thousand (1,000) feet ofan existingpermittedU D C B ,
then both the
U D C B
and any blightwithintwenty (20) feet
o f
the
U D C B
shall be removed
within
ten (10) days after the parcel owner/agent isnotifiedofthe
violation
orfifteen
(15)
days
if
the notice is mailed.
C.
If
an
unpermitted
U D C B
is notwithinone thousand (1,000) feet of
an
existingpermitted
U D C B ,then any blight
within
twenty (20) feeto fthe site shall be removed and the parcel
owner/agent or operator shall either: 1) apply foral l UD CBpermits required by this Chapter
withinten (10) days after the parcel owner/agent isnotified
of
theviolationor
fifteen
(15)
days ifthe notice ismailed;or 2) remove the
U D C B
as described in Subsection B.
D . TheCityshallassessadministration citations pursuant toO . M C .Chapter 1.12 against a
parcel owner who
fails
totimelyresolve aviolationrelating to a
U D C B
after notice.
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1. For permittedU D C B s ,the
City
shallissue administrative citations pursuant to O
M . C .
Chapter 1.12:
a. Not more than $150
for
the 1 day after the 10 day
abatement
period;
b.
Not more than $250
for
the
2 *
day after the 10 dayabatementperiod;and
c. Not more than $500
for
the3 ''and each
subsequent
day. Totalfines resulting
from
.
administrative
citationsshallnot be more than $5,000
within
one year.
2. For unpermitted UDCBs the City shall issue administrative citations pursuant to O.M.C.
Chapter 1.12:
i
a. Not more than $300
for
the 1 day after the 10 day
abatement
period;
b.
Not more than $500
for
the
2 ^
day after the 10 dayabatementperiod;and
c. Not more than $1,000
for
the3 *and each
subsequent
day. Total
fines
resulting
fromadministrative citationsshallnot be more than $10,000
within
one year.
E .
The administrative citations described in Subsection Dshallcontinue
until,
after 72 hour
notice,
the bin is removed by the
City
and any
U D C B
permit
for
the binshallbe revoked at
the expense ofthe parcel owner and/or operator The binswil lbe removed after one week or
more ofadministrativecitations.
F .
Administrative
citations
for
unpermitted U D C B smay be appealedadministrativelypursuant
to appeals
ofadministrative
actions setforthinthe
Oakland
M unicipalCode or as developed
bythe
CityAdministrator. Administrative
citationsforpermittedU D C B sare not appealable
G .
A party aggrieved by a
final
administrative
decision
ofthe Citymay seek
judicial
review of
the administrative
decision
pursuant to
California
Codeof
Civi l
Procedure Sections 1094.5
and 1094.6
within
the time frame pursuant tothosecode sections.
H . A l l
notices
for
unpermittedU D C B sshallbein
writing
and personallydeliveredto the parcel
owner/agent and
U D C B
operator or by depositing such noticeinthe
United
Statesmail,
postage
paid,and addressed to the parcel owner/agent at the owner(s) last
known
addressas it
appearson the lastAlameda
County
equalizedassessments
roll.
A l lnotices regarding
permitted
U D C B sshall
be through electronic
mail.
PART2
Thefollowing
text
amendmentsto the OMCareshowninunderline/strikeout format
(additionsare inunderlineand
deletions
are in
strikeout).
I.12.060-Assessment.
A .
The
CityManager,
or his or her designee, is authorized to establish a schedule
o fviolations
andassessmentsorsimilarguidelines for
issuing
administrative citations.
B .
Except as otherwise
provided
herein, administrative citations,
excluding
accruinginterest,
shallnot be assessed at more than
five
thousand dollars ($5,000.00)
cumulatively
per
calendar year for an
individual
parcel or
separate
structure thereon for any related series of
violations
The citation amountshallnot exceed one hundred dollars ($100.00)forthe first
issuance, two hundred
fifty
dollars ($250.00)
for
the second issuance, and
five
hundred
dollars
($500.00) forall
subsequent
issuances for any related series
ofviolations
occurring
within
a calendar year. These amounts mav double
for
the administrative citations described
in5.19.160(D)(1). For offenses
involvingviolations
of
Oakland
M unicipalCode Sections
8.28.060, 8.28.070, 8.28.150, 8.28.160, 13.16.100 and 13.16.110, administrative citations
shall
not exceed seven hundred
fifty
dollars ($750 00)
for
the first issuance, one thousand
dollars
($1000 00)
for
the second issuance, and one thousand
five
hundred dollars ($1500.00)
for
a ll
subsequent
issuances
for
any related series
ofviolations occurringwithin
a calendar
year.
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C .
The issuance of administrativecitatioiismay begin to accrue on thedateof
initial
occurrence
oftheviolation,asidentifiedby thecity.
D . The issuance of
administrative
citations shallceasewhen all violations arewhollyand
permanently corrected.
E . Administrativecitations
shall
be issued in accordancewiththefollowingfactors:
1 The duration and frequency of recurrence of the
violation;
2. The detrimental effectsofthe
violation
on the occupants of the property and the
surrounding neighborhood and the community at large,
3. The history of complianceeffortsby the responsible person to correct the
violation
whollyand permanently;
4. Theviabilityofthe administrative citation to
effect
abatementofthe
violation
whollyand
permanently;
5. Other factorsthatserve justice.
5 02 020- AppHcation.
Withthe exception of UnattendedDonation/Collection
B ox
permits required in Chapter 5.19, A ^
an application for any permit referred to in Section 5.02.010 shall be
filed
withtheCityClerkin
triplicate,
theoriginalofwhichshall be duly acknowledged before some personlaw fully
authorized to administer oaths, and uponformsto be furnished by said
CityClerk,
and shall set
forth thefollowing
information:
A A ful l identification of the applicant and all persons to be directly or indirectly-
interested in the permit
if
granted;
B . The residence and business addressand the citizenship of the applicant, including all
members of any
firm
or partnership, or all officers and directors of any corporation
applying;
C .
The location of the proposed business, establishment, place, thing, etc., forwhich the
permit is requested, and the name of the owner and thepresentuse of such premises;
D . The exactnatureof the proposed business, establishment, place, thing, etc., for
which
the permit is requested, and the name underwhichit is to be operated;
E . The past experience of the applicant in the
matter
to
which
the requested permit
appertains; and the name, address, andpastexperience in such business ormatterof the
person to be in charge ofthe premises or business;
F .
Whether or not any permit has been revoked, and if so, the circumstances of such
revocation,
G .
Such further
information
as the CityManager, or such officialof thecityto whom the
application
may be referred,-may require.
5 02 030-Procedureon
application.
With
the exception of UnattendedDonation/CollectionB oxpermits required in Chapter 5.19,
limmediately on the filingofanyapplication for a permit as provided in Sections 5.02.010 and
5.02 020, the CityClerkshall place the acknowledged copy in the permanent records of his
office,refer one copy to the CityAdministratorand one copy to suchofficial ofthecitythe
administtative functionsofwhomare
thoseprimarily
concernedwiththe granting or denying of
such permit,
which
latterofficial,hereinafter in this chapter referred to as the investigating
official, shall make such investigation of the applicant ando fthe facts set
forth
in such
application
as he or she shall deem advisable, and shall make a written report of such
investigations,
togetherwith
his or her recommendations relative to disposalofthe application, to
theCity
Administrator,
who shall proceed to act upon said application after a hearing set by the
CityClerkfor a day certain, not more thanforty-five(45) daysfromthedateoffilingcompleted
said
application.
At such hearing
all
persons interested shall be entitled tofileobjections,
protests
or recommendations inthe premises. Such hearing may, by theCityAdministrator, be continued
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overfromtime to time as circumstances may require; provided, however,thati fhereinafter in
this chapterspecifically
provided,
the investigatingofficialmay grant the permit applied for
without
referring
thesameto the CityAdministrator,andwithor without a hearing thereon, as
may be provided.
5 02 060- Action on
application.
With
the exception of UnattendedDonation/Collection
B ox
permits required in Chapter 5.19,
Tthe
City
Administrator
or the investigating
official
acting thereon, shall deny the granting of
any
permit applied forifitshallappearto his or her satisfactionthatthe applicant is not a fit and
proper person, either forfinancial,moral, or other reasons, to conduct or maintain the business,
establishment, place, or other
thing,
to
which
the application appertains;
that
the applicant has not
compliedwiththe provisionsofthis code
which
directly appertain to the maintenance or conduct
ofthe business, establishment, place, or other thing in question orfortheviolationof
any
law
appertainingthereto;orforany other reason hereinafter
in
this chapter morespecificallyset
forth.
Ingranting or denying such permit, and inspecifyingthe conditions,ifany,upon
which
it is
granted, the CityAdministrator,other officialacting thereon, shall consider the character ofthe
applicant asrespectsmorality,honesty and integrity, and all pertinentactswhichmay concern the
health, safety, and general welfareofthe
public,
and shall exercise a reasonable and sound
discretion
in
the premises. The
City
Administrator,
or other
official
acting thereon, in acting upon
an application for a permit, shallnotifythe investigating
official
to whom such
application
was
referred, of such action
5 02 080
Revocationandsuspensionofpermit.
With
the exception of UnattendedDonation/Collection
B ox
permits required in Chapter 5.19,
Aanypermit granted pursuant to the provisionsofthischapter may be revoked or suspended by
theCityManager as in his or her discretion may seemmeet
and
just, for any reasonfor
which
a
granting of such permit might be lawfullydenied, or for any other reason hereinafter inthis
chapter
specifically
provided. Such revocation or suspension shall be made only upon a hearing
granted to the holdero fthe permit so revoked or suspended, held before the
City
Manager after
five
days' notice to such permit holder, stating generally the grounds of complaint against
him
or
her and stating the time and place where such hearing
wil l
be
held.
In the event of such
revocation or suspension, any certificate issued in connection
with
the granting of such permit
shall,by the holder thereof, beforthwithsurrendered to theCityManager.
Suchrevocation or suspension of
any
permit shall be in addition to any other penalties more
specificallyprovided
in
this chapter.
5.02.100-Appeals.
Withthe
exception-of
UnattendedDonation/CollectionB oxpermits required in Chapter 5.19, A
any person excepting to anydenial,suspension or revocation of
a
permit applied for or held by
him
or her pursuant to the provisionsofthis chapter, or pursuant to the provisionsofthis code
where the application for said permit is made to, or the issuance thereofisby theCityManager,
or'any person excepting to the granting of, or to the
refiisal
to suspend or revoke, a permit issued
to another pursuant to the provisions of
this
chapter, or issued to another by the CityManager
pursuant to the provisions of
this
Code,may appeal inwritingto the City
Council
by filingwith
the
City
Clerka written notice of such appeal setting forth thespecificgrounds thereof Such
notice must be
filedwithin
fourteen (14) days after notice of such action appealedfromis posted
in
the
United
Statesmail.Uponreceipt of such notice of appeal theC ouncilshall set the time for
consideration thereof. TheCityClerkshallcausenotice thereoftobe given(A )to the appellant
and (B) to the adverse party or parties, or to the attorney, spokesman, or representative of such
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party or parties, not less thanfivedays prior to such hearing
A t
such hearing the appellant shall
showcauseon the groundsspecifiedin the notice of appeal why the action excepted to should not
be approved. Such hearing may, by the
Council,
be continued over
from
time to time and its
findings
on the appeal shall be
final
and conclusive
in
thematter.
5 02 140- City Clerk to be
notified
of
actions
onpermits.
Withthe exception of UnattendedDonation/Collection
B ox
permits required in Chapter 5.19,
Aany
official
of the
city
taking any action upon any application for a permit or upon any permit to
operateor maintain any business, establishment or placewithinthecityas
in
thischapter'
provided
for,shall
notify
the CityClerkof
such
action, andshall,so far as possible, supply the
CityClerk
with
copies ofallcommunications,findingsand records pertaining to such
applications and permits, and the CityClerkshall place the
same
onfilewiththe applications and
permits towhichthey pertain.
5 02 150- Expiration of
permit.
With
the exception of Unattended
Donation/Collection
B oxpermits required in Chapter519,
Aanypermit granted
pursuant
to the provisions ofthischapter but under
which
the thing herein
permitted has not been done, carried on or maintainedwithinsix monthsfromthe time of the
issuance of
such
permit, shall expire by
limitation
andceaseto be
valid
for any purpose.
Provided,
however,
that
the
City
Manager or other
official
originallv
granting such permit may
renew such permit upon written application beingmadeprior to its expiration
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