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CITY OF OAKLAND
Regulations That May Affect You!

Provided below is a list of Oakland's major regulations that relate to property ownership. These regulations, as well as the taxes and fees that are based on the regulations, may not apply to your particular property, but are provided as a convenient reference. You may obtain copies of the codes and ordinances enacting these regulations from Oakland's Office of the City Clerk, 1 Frank H. Ogawa Plaza, 1st Floor, Oakland, CA 94612, (510) 238-3611, between 8:30 a.m. and 5:00 p.m., Monday through Friday.

BUSINESS TAX

Title 5, Chapter 5.04, of the Oakland Municipal Code (OMC) requires all persons conducting any business to first obtain a Business Tax Certificate and pay an annual Business Tax. The term business includes all commercial and residential rental activities, including single family residences that are rented. Failure to comply with the business tax requirements may result in the imposition of penalties and interest, as well as a lien and special assessment placed against your property.

For more information, contact the Business Tax Section in the Financial Services Agency , 250 Frank H. Ogawa Plaza, 1st Floor, Oakland, CA 94612; or call (510) 238-3704, Monday through Friday, between 8 a.m. and 4 p.m.

CREEK PROTECTION STORMWATER DISCHARGE CONTROL ORDINANCE

Chapter 13.16, of the Oakland Municipal Code (OMC) prohibits activities that will result in the discharge of pollutants to Oakland's waterways or the damaging of creeks, creek functions, or habitat . The ordinance requires the use of standard Best Management Practices to prevent pollution or erosion to creeks and/or stormdrains. Additionally, a creek protection permit is required for any construction work on creekside properties. Details on how to comply with the Ordinance is available at http://www.oaklandpw.com/creeks/comply.htm.

For more information, contact Planning/Zoning, 250 Frank H. Ogawa Plaza, 2nd Floor , Oakland, CA 94612; or call (510) 238-6600, Monday through Friday, between 8:30 a.m. and 5 pm.

GARBAGE COLLECTION

Title 8, Chapter 8.28 of the Oakland Municipal Code (OMC) requires all property owners to use only City-authorized trash collectors, and to pay City-established fees for that service. The City may record a lien with the County Recorder and/or impose a special property tax assessment if fees are not paid on a timely basis. A property owner may not shift this obligation to pay for trash collection by requiring a tenant to pay such fees directly to the City. Monthly rates for residential service are $12.72 for 20-gallon cart, $17.08 for a 35-gallon cart and $57.35 for a 96-gallon cart.

For more information, contact the Mandatory Garbage Unit Central Collections Section, in the Financial Services Agency, 150 Frank H. Ogawa Plaza, 5th Floor, Oakland, CA 94612; or call (510) 238-3287, Monday through Friday, between 9 a.m. and 4 p.m.

REAL PROPERTY TRANSFER TAX

Title 4,Chapter 4.20 of the Oakland Municipal Code (OMC) requires that whenever you change ownership of real property, and record that change with the County of Alameda, you must pay a City of Oakland Real Property Transfer Tax (RPTT). [Note: Alameda County has its own Transfer Tax.] The City's current tax rate is 1.50% of the consideration received (for example, money exchanged or debt forgiven).

Alameda County will collect this tax on the City's,behalf, but will still record the document if the recording party or its agent, e.g., a title company, fails to pay the tax. However, if the tax remains unpaid 24 hours after recordation, the tax becomes delinquent and subject to penalty and interest.

For more information, contact the Central Collections Section in the Financial Services Agency, 150 Frank H. Ogawa Plaza, 5th Floor, Oakland, CA 94612; or call (510)238-7317, Monday through Friday, between 9 a.m. and 4 p.m.

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT

Resolution 66354 C.M.S. created the Landscape and Lighting Assessment District (LLAD) to fund landscaping and lighting activities throughout the City. All real property in Oakland is subject to this assessment and currently ranges from $77.00 to $26,323.44 for residential and $113.00 to $23,000.00 for commercial.

MELLO-ROOS COMMUNITY FACILITIES DISTRICT

Resolution 67202 C.M.S. provides funding for the Rockridge Library, in part, by levying a special tax on real property within Rockridge Community Facilities District Number 1. The cost is $25 annually.

For more information, contact the Revenue Audit Section in the Financial Services Agency, 150 Frank H. Ogawa Plaza, 5th Floor, Oakland, CA 94612; or call (510)238-3084, Monday through Friday, between 9 a.m. and 4 p.m.

FIRE AREA UTILITY UNDERGROUND ASSESSMENT DISTRICT

Resolution 69877 C.M.S. created the Fire Area Utility Underground Assessment District to fund the installation of underground utilities in certain sections of the City known as the "Fire Area". All real property within the area is subject to this assessment. The cost for the owner of a single-family residence is approximately $290 per year.

For more information, contact the Treasury Division in the Financial Services Agency, 150 Frank H. Ogawa Plaza, 5th Floor, Oakland, CA 94612; or call (510)238-3201, Monday through Friday, between 9 a.m. and 4 p.m.

RESIDENTIAL RENT ADJUSTMENT AND EVICTION CONTROLS

Oakland municipal Code Chapter 8.22 establishes a Residential Rent Adjustment Program to limit rent increases. This ordinance applies to all residential rental units, except the following:
1) units owned by a governmental entity;
2) certain care facilities;
3) religious homes;
4) dormitories owned and operated by educational institutions;
5) transient accommodations;
6) non-profit cooperatives;
7) buildings that were constructed after January 1, 1983; and
8) buildings in which the owner has incurred substantial rehabilitation costs.
9) most simple family dwellings and condominiums

Landlords must notify all tenants in writing of the existence of the Residential Rent Adjustment Program, both at the beginning of the tenancy and together with every notice of rent increase.

For more information, contact the Residential Rent Adjustment Program in the Community & Economic Development Agency, 250 Frank Ogawa Plaza, 5th Floor, Oakland, CA 94612; or call (510)238-3721, Monday through Friday, between 9 a.m. and 4:30p.m.

TREE ORDINANCE

Title 12, Chapter 12.36 of the Oakland Municipal Code (OMC) requires that property owners obtain a permit prior to removing Protected Trees from their property. Protected Trees are defined within the code. Removing or damaging any Protected Tree without the proper permit constitutes an infraction. In addition to the cost of the infraction, violators are liable for damages for an amount up to the value of the removed tree. The City may place a lien on the property if the infraction is not paid on a timely basis. That lien may subsequently be added to the County Property Tax bill.

HAZARDOUS TREE ORDINANCE

Title 12, Chapter 12.40 of the Oakland Municipal Code (OMC) defines hazardous tree conditions and addresses ways of mitigating those conditions on both private and public property. There are stringent time frames for responding to hazardous tree claims. If hazardous tree claims are not resolved privately, a claimant may, as a last resort, take the claim through the court system.

VIEW ORDINANCE

Title 15, Chapter 15.52 of the Oakland Municipal Code (OMC) provides a claim procedure to compel the removal of trees that may obstruct private views and which existed at the time the claimant acquired his or her property. Certain trees that are part of the natural habitat are exempt from this code. The City does not take an active role in these issues; rather, it encourages the private resolution of such disputes. If a view dispute cannot be resolved privately, and if a claimant prevails through court trial or judicial arbitration, a civil penalty of $1,000 may be imposed on the defendant. The claimant generally bears the cost of tree removal, but splits the cost with the tree owner if the tree was planted after August 5, 1980. The tree owner bears all costs if he or she fails to cooperate in a nonjudicial resolution of the view dispute and if he or she receives an adverse judicial decision.

For more information, contact the Tree Services Section in the Parks, Recreation & Cultural Arts Division of the Life Enrichment Agency, 7101 Edgewater Drive, Room 405, Oakland, CA 94621; or call (510)615-5850, Monday through Friday, between 7 a.m.- 9 a.m. and 2 p.m.- 3 p.m.

EARTHQUAKE SAFETY

Title 15,Chapter 15.20 of the Oakland Municipal Code (OMC) requires that a geologic report be submitted to the City where a new structure (or remodeling in excess of 50% of the replacement value of the building) is proposed to be constructed wholly or partly within a Special Studies Zone. The California Public Resources Code §2621-2630 defines a Special Studies Zone, which contains active earthquake fault traces. The City may require an additional geologic report where geologic conditions or proposed site usage change, or in certain other instances. The code describes in detail the items required to be shown, both in the text of the geologic report and in the accompanying maps.

For more information, contact the Engineering Information Services in the Community & Economic Development Agency, 250 Frank H. Ogawa Plaza 4th Floor, Oakland, CA 94612; or call (510)238-4777, Monday through Friday, between 8 a.m. and 4 p.m.

Burglar Alarm Ordinance

To respond to emergencies more efficiently and ensure your safety, the City of Oakland adopted a new Burglar Alarm Ordinance. Oakland's new ordinance requires that you obtain a permit for your burglar alarm system. This will allow the Oakland Police Department to monitor closely your alarm activity and identify alarm users. It also will enable us to contact the appropriate individual in response to the alarm call. Alarm users are responsible for preventing and responding to malfunctioning alarms.

The Burglar Alarm Ordinance:

• Authorizes permit fees (waived for alarm users age 65 and older)
• Authorizes fines and penalties for defective or misused alarm systems
• Requires alarm companies play a greater role in how customers use and maintain their alarm systems.

The cost of annual Alarm Permits are:

• $25 for residents
• $35 for businesses

For more information please visit Burglar Alarm Ordinance

 

JUST CAUSE FOR EVICTION ORDINANCE

Policy and regulations relating to residential evictions within the City of Oakland