Progressive Enforcement
Code Enforcement Services follows a step-by-step process to handle complaints. Property owners are notified by mail through the U.S. Postal Service. Please note: All notices include 5 mailing days plus additional business days (Monday – Friday), depending on the type of notice (e.g., 5 days mailing + 30-day notice).
Courtesy Notice
When a minor property violation is first reported, we send a Courtesy Notice. No inspection is done at this stage. The property owner has 21 days to respond by sending back a Property Owner Certification form with photos showing that the violations are either incorrect or fixed. By signing the form, the owner also agrees to keep the property in good condition. If another complaint comes in for the same violation, and it is confirmed by a Building Inspector, the owner will be charged a fee, and a Notice of Violation will be issued. Additional fees will be charged if the violation isn't fixed after 30 days (see Notice of Violation).
Stop Work Order
A Stop Work Order is issued when a project is found to be working without permits, going beyond the approved work, or not keeping the site safe as required per "Best Management Practices" or is out of compliance with Planning Conditions of Approval Penalties will depend on the seriousness of the violation. For more details, visit: Stop Work Order Procedure
Notice of Violation
When a violation is confirmed by a Building Inspector, a Notice of Violation is issued. This lists the violations and what needs to be fixed. The property owner has 30 days to correct the violation.
- If a Property Owner Certification was sent within the past year for the same violation, an immediate fee will be charged.
- If the violation isn’t corrected after re-inspection, more fees will apply.
- For blight complaints, a Blight Posting will be displayed on the property, instructing the owner to contact the Code Enforcement Inspector. If there’s no response, or the violation is not corrected, the City may hire a contractor to clean and secure the property. (may require an Inspection Warrant). Additional fees will apply for notices, warrants, contracts, etc.
- If the City cleans the property, a "Cleaned by City" sign will be posted, with contact info to report further issues.
Notice of Repeat Violation
If the same violation occurs again within 24 months, the property owner will be charged a fee and given 10 days to fix it. If it’s not fixed, a Re-inspection notice will be issued, or in cases of blight, the City will clean up the property, and additional fees will apply.
Notice of Violation Graffiti
If a complaint about graffiti is confirmed, a Notice of Violation is sent. The property owner has 10 days to fix the issue for "occupied" buildings, 15 days for "unoccupied" buildings, and 3 days for places where alcohol is sold. If the issue isn’t fixed, fees will be charged.
Notice of Violation Garbage/Recycling Receptacles
If garbage or recycling bins are left out in public view, a Courtesy Notice is sent, giving the owner 21 days to fix the problem. If more complaints are received, an inspection will be scheduled. If violations are confirmed, the owner will receive a Notice of Violation and have 10 days to fix it. If not, fees will be charged.
Order to Abate - Habitability
If habitable violations are still not fixed after re-inspections, the property owner will receive an Order to Abate. This sets deadlines for permits and inspections. The owner is given 10 days to respond before further action is taken. A Compliance Plan may be required. Fees will be charged for non-compliance.
Substandard Public Nuisance
If there are dangerous conditions on the property, such as landslides, or serious electrical, plumbing, or structural damage, the City may declare the property a Substandard Public Nuisance. Penalties and citations will be issued. If conditions remain unsafe, the Certificate of Occupancy may be revoked, and citations issued. The owner is given 10 days to respond before further action is taken. A Compliance Plan may be required, and fees will be charged for non-compliance.
Imminent Hazard
When a property has life-threatening conditions that pose a risk to tenants, owners, or the community, the City may take immediate action. This could include vacating the premises and hiring contractors to fix the issues. Fees and penalties will be charged for non-compliance.
Cleanup Board-up Program
If blight violations are not fixed by the owner, the City may hire contractors to clean the property. The City will try to contact the owner first. Costs for cleanup and enforcement will apply.
Waiver of Time
This agreement allows the City to clean up or secure blighted properties with the owner agreeing to pay for the cleanup costs. This may be beneficial to the property owner and may result in less cost.
Inspection Warrant
If the City needs access to private property for an inspection, an Inspection Warrant will be required. This is an order signed by a judge to allow the City to enter the property and ensure compliance with regulations.
Compliance Plan
A Compliance Plan is an agreement between the property owner and the City to fix violations, pay fees, and follow a set timeline.
Foreclosed and Vacant Registration Program
Banks and lenders must maintain properties during foreclosure. The property must be kept clean, and secure, and display management contact information. If not registered within 30 days of foreclosure, citations may be issued.
Investor-Owned Property
New owners of foreclosed properties of up to 4 residential units must register and have the property inspected by the City. The inspector will check if the property meets local building codes or needs work. Properties must meet the following requirements to qualify for registration.
- The property was purchased after March 1, 2013.
- The new owner does not intend to live in the property within six months and up to one year from the purchase date.
- The new owner is not the government, or a non-profit or charitable entity regulated by federal tax law.
- The new owner has not applied for building permits within 90 days of purchase. If the owner has applied for permits to fix the property within 90 days of purchase, it may be exempt from registration.
- A Notice of Default was filed on this property against a former owner with the Alameda County Recorder’s Office at any point after November 13, 2006.
Extension to Comply
If you need more time to comply, you may apply for a Code Enforcement Compliance Extension Request.
Violation Appeal
Property owners who receive a Notice of Violation can fill out a Violation Appeal form to challenge the City's allegations at a hearing with an independent officer. The property owner has to pay out of pocket for the appeal and can be reimbursed if the appeal is in their favor.
Administrative Appeal
If a property owner doesn’t correct a violation and misses the Violation Appeal deadline, they may still appeal certain notices, such as an Order to Abate or Substandard Public Nuisance.
Billing Appeal
Owners can also appeal fees and liens at a hearing with an independent officer.