Unattended Donation Boxes Regulations 2

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


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


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.

page

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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.

page2of11


5/13

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

page4

of

11


7/13

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 ^

page5

of

11


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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.

page6of11


9/13

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.

page7of11


10/13

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.

page8

of

11


11/13

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

page

9

of11


12/13

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


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

page

10 of 11


13/13

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


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

page11 of 11

Unattended Donation Boxes Regulations 2

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Transcript of Unattended Donation Boxes Regulations 2