My experience as a tenant in Oakland, CA with the City of Oakland Building Services Department and City of Oakland Building Inspectors, when speculators purchased my apartment building and launched into numerous construction projects without permits, proper notification, or lead-safe work practices.
Tenants repeatedly reached out to the City of Oakland Building Services for assistance with building code violations, habitability issues, fire code violations, and serious health/safety issues, but found that many inspectors refused to acknowledge issues until they were forced to do so by other agencies (Alameda Healthy Homes, Fire Inspectors, etc)
It's beyond time for an investigation of the City of Oakland's Building Services department. They have no regard for the health/safety of the residents of Oakland.
Subject: What it's like to be a tenant in Oakland when the speculators show up.
To:
mhunt [at] oaklandnet.com Cc: "Crosby, David, CDA" , "Brooks, Larry, CDA" , "
dbrooks [at] oaklandnet.com" , "
lmcelhaney [at] oaklandnet.com" , "
lreid [at] oaklandnet.com" , "Kalb, Dan" , "Schaaf, Libby" , "Minor, Gregory" , "Morris, William@CSLB" , "Landreth, Sabrina" , "Flynn, Rachel" , "Weintraub, Max" , Brian Geiser , "Hom, Donna"
Hi Michael,
Libby told me to send you an email regarding my housing issues.
Since I am no longer an occupant of 374 41st Street Oakland, due to the fact that it was red-tagged on May 4th, instead I'm going to give you a run down on what it's like to be a tenant in Oakland.
A tenant who was simply trying to get the long-overdue maintenance on her property performed both legally and safely.
I do not think many people are going to regard Oakland as a 'first class city' when you treat your residents so terribly.
My experiences are not that unique. I'm just not willing to let this happen to more tenants.
The owners of my property are in the process of renovating numerous other properties all over Oakland.
I know where to find some of them, and others I find randomly online.. advertised a 'recently renovated', but zero permit history.
Oakland is allowing these speculators to loot and pillage our community, and it's time you did something about it.
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My building was purchased by an investment company on August 29, 2014
Owner:
TP Partners LLC (Martin Higgins - Agent of Service)
1565 Madison Street Ste B
Oakland, CA
Property Management Company #1
The Apartment Group Inc (Martin Higgins - Agent of Service)
1565 Madison Street Ste B
Oakland, CA
Property Management Company #2
Bay Apartment Advisors (Martin Higgins - Real Estate Agent)
September 04, 2014
Less than 10 days after purchasing the property, the new owners launched into a demolition/renovation project of the one vacant unit in the building (Unit 2)
No permits were pulled, no notice was given to the occupants of this 1920s building.
I contacted the City of Oakland Building Services on September 11, and reported 3 things:
Unsafe Stairs
Unsafe Balcony
Unit 2 Demolition without a permit.
The Building Inspector (Dennis Foster) came out on September 12, 2014, confirmed the Unit 2 Demo
I asked Dennis about the unsafe stairs and balcony, and he informed me that it was NOT HIS JOB
A Stop Work Order was hung on September 15, 2014 for Unit 2
Dennis Foster then allowed permits to be pulled for this site, however the information on the permit was completely wrong
The work took place in Unit 2, not Unit 1.
The work being done was a full demo/remodel. He listed 'minor bath remodel' on the permits.
The owner's name was incorrect
The licensed contractor information was not listed on the permit.
The City of Oakland was unable to confirm that permits were issued until September 17th. Dennis lists September 16th on the permit.
October 10, 2014, 374 41st Street Oakland was on it's 3rd Stop Work Order, and a tenant had been injured on the back stairs.
Balcony Demo - no permit
Back Stairs replace/repair - no permit
Gas Furnace replaced - no permit (this was never acknowledged by Building Inspectors)
Back Stairs were yellow tagged as 'unsafe/restricted use'
I had repeatedly begged for someone to inspect those back stairs, but numerous inspectors refused to even look at them until I injured my tailbone.
March 31, 2015, 374 41st Street Oakland was on it's 4th Stop Work Order, and a second tenant had been to the emergency room.
April 28, 2015, A Fire Inspector comes to 374 41st Street (at my insistence). He is SHOCKED. City of Oakland Building Inspectors has yet to acknowledge that my building is unsafe.
Tenants in 2 apartments had all of their windows covered in plastic sheeting for over 30 days.
May 01, 2015 - Kevin Taylor (Fire Inspector) sent an email with a list of Fire Code Violations to the owner of the building.
May 04, 2015 - City of Oakland Red-tags the property as 'unsafe', but when I ask if the certificate of occupancy has been revoked, David Miles and Marie Taylor tell me, "it's not substandard"
I don't know if you're familiar with the numerous State and Federal laws that govern RRP Rules (Rachel Flynn does not appear to be)
The initial demolition had many other issues: This is a 1920s building.
California Civil Code 1941.1;
California Health & Safety Code 17961, 17980, 124130, 17920.10, 105251 to 105257
Title 17, CCR, Div 1, Ch 8,
Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards
SB 460, the Cal/OSHA Lead in Construction Standard
Lead-Safe Housing and Lead Hazards
EPA RRP Rules
http://www2.epa.gov/lead/renovation-repair-and-painting-program http://www2.epa.gov/lead/enforcing-lead-laws-and-regulations Per California Laws: You must presume that any untested surface coating in all pre-1978 structures is Lead-based paint.
This applies to everyone in the state - not just contractors - and covers all structures - not just Target Housing and Child-Occupied Facilities.
So, any time you work in a pre-78 structure in CA that has not been tested, you must presume all surfaces are covered with lead-based paint.(HSI)
If you disturb ANY AMOUNT of known lead-based paint or presumed lead-based paint in a structure in California, you must:
·contain the work area
·use lead safe work practices
·make sure there is no visible dust or debris at the end of your project
·demonstrate compliance with containment and lead safe work practices if asked by the California Department of Public Health or a local enforcement agency
This applies to all structures, no matter how small the job. It also applies even if there is no compensation involved
Rachel Flynn of City of Oakland Building Services has informed me that it is not her department's job to enforce the lead laws, however from my personal experience with the Housing Department -
Considering her ignorance of what has been happening at this property, and the repeated lack of enforcement, I'm not fully sure which laws they ARE in fact enforcing.
Mission & Goals
The Building Services Division provides services for building-related activities, including Code Enforcement, Inspections, Permits, Plan Reviews and Records.
The Building Services Division:
Assures compliance with the California Building, Electrical, Plumbing Mechanical Codes and the Oakland Municipal Code to ensure the construction of safe buildings in Oakland
Enforces the California Housing Law and the Oakland Municipal Code to ensure that existing buildings used for human occupancy and the surrounding property are maintained in a safe and healthy manner
Assists builders, property owners, architects, engineers and realtors in understanding and processing appropriate construction permits
Assists the development community to understand the state health and safety codes, regional environmental regulations, and city development and land subdivision ordinances
Provides record cataloging and archive retrieval.
Building Services operates a walk-in Permit Center located at 250 Frank H Ogawa Plaza, Suite 2114. For hours of operation and contact information, please visit our Contact Us page.
Title 15 – Buildings and Construction
Article X - Substandard and Public Nuisance Buildings
15.08.340 - Definitions.
A. General. Any residential or non-residential building, structure, or portion thereof which is determined to be an Unsafe in accordance with the Oakland Building Construction Code; or any residential or non-residential building, structure or portion thereof, including but not limited to any dwelling unit, guest room or suite of rooms, commercial office or retail sales space, classroom or associated locker room or toilet room, assembly space, or any real property in which there exists any of the conditions referenced in this Section to an extent that is Unsafe to the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be Substandard and a Public Nuisance.
B. Inadequate Sanitation. Residential and non-residential buildings, structures, or portions thereof shall be deemed Substandard and a Public Nuisance when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following:
1. Lack of, or improper water closets, lavatory, bathtub, or shower receptor in a dwelling unit, congregate residence, or lodging house.
2. Lack of, or improper water closets, lavatories, and bathtubs or shower receptors per number of guests in a hotel (motel).
3. Lack of, or improper kitchen sink in a dwelling unit.
4. Lack of, or inadequate hot and cold running potable water to plumbing fixtures in a hotel residential occupancy.
5. Lack of or inadequate running potable water to plumbing fixtures in a non-residential occupancy.
6. Lack of, or inadequate, or improper operation of heating system required by this Code or the Oakland Building Construction Code.
7. Lack of, or inadequate, or improper operation of ventilating system required by this Code or the Oakland Building Construction Code.
8. Lack of minimum amounts of natural light and ventilation required by this Code.
9. Room and space dimension less than required by this Code or the Oakland Building Construction Code.
10. Lack of, or improper, electrical lighting required by this Code or the Oakland Building Construction Code.
11. Dampness of habitable rooms or classrooms and associated locker rooms, toilet rooms, and assembly areas.
12. Infestation of insects, vermin, rodents, or other vector.
13. General dilapidation or improper maintenance.
14. Lack of, or improper connection to approved sanitary sewer system.
15. Lack of, or inadequate, or improper operation of garbage and rubbish storage and removal facilities.
C. Structural Hazards. Residential and non-residential buildings or structures or portions thereof shall be deemed Substandard and a Public Nuisance when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following:
1. Deteriorated, damaged, or inadequate foundations.
2. Defective, damaged, or deteriorated flooring, floor supports, stairs and landings, or balconies and
their load-bearing connections.
3. Flooring, floor supports, stairs and landings, or balconies and their load-bearing connections of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions, posts and columns, moment-resisting frame, or other vertical supports and their load bearing connections that split, lean, list, fracture, or buckle due to defective material, damage, or deterioration.
5. Members of walls, partitions, posts and columns, moment-resisting frame, or other vertical supports and their load bearing connections that are of insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members and their load bearing connections which sag, split, fracture, or buckle due to defective material, damage, or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members and their load bearing connections that are of insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys which list, bulge or settle due to defective material, damage, or deterioration.
9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
D. Nuisance. Buildings, structures, portions thereof, or real property in which there exists any nuisance as defined in this Code are deemed Substandard and a Public Nuisance.
E. Hazardous Electrical Wiring and Equipment. Electrical wiring and equipment which was installed in violation of code requirements in effect at the time of installation or electrical wiring and equipment not installed in accordance with generally accepted construction practices in area where no codes were in effect or which has not been maintained in good conditions or which is not being used in a safe manner shall be considered Substandard and a Public Nuisance.
F. Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross-connections or siphonage between fixtures shall be considered Substandard and a Public Nuisance.
G. Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered Substandard and a Public Nuisance.
H. Faulty Weather Protection. Residential and non-residential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when they have faulty weather protection which shall include, but not be limited to, the following:
1. Deteriorated, crumbling or loose plaster or gypsum wallboard.
2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
I. Fire Hazard. Any residential or non-residential building, structure, or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a Substandard and a Public Nuisance.
J. Faulty Materials of Construction. The use of materials of construction, except those which are specifically allowed or approved by this Code and the Oakland Building Construction Code, and which have been adequately maintained in good and safe condition, shall cause a residential or non-residential building or structure to be Substandard and a Public Nuisance.
K. Hazardous or Unsanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, surface or subsurface toxic substances, storage or use of chemicals, gas, oil or toxic or flammable liquids, and similar materials or conditions on a premises constitutes fire, health or safety hazards which shall be abated in accordance with the procedure specified in Section 15.08.350 of this Code.
L. Inadequate Exits. Except for those buildings or structures or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this Code, residential and non-residential buildings or structures or portions thereof whose existing facilities where installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered Substandard and a Public Nuisance.
Notwithstanding compliance with code requirements in effect a the time their construction, residential and non-residential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when the Building Official finds that an unsafe condition exists through an improper location of or length of travel to required exits, or a lack of an adequate number or width of required exits, or when other conditions exist which are dangerous to human life including, but not limited to, lack of or unapproved or improperly installed or improperly maintained illumination of required exits, directional signage to required exits, door and window release and security devises, and other obstructions to or within the exiting path of travel or emergency escape.
M. Inadequate Fire-Protection or Firefighting Equipment. Residential and non-residential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or structures or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
N. Improper Occupancy. All residential and non-residential buildings or structures or portions thereof which were not designed or intended to be used or approved for their current occupancies shall be considered Substandard and a Public Nuisance.
O. Lateral Stability (HSC Section 17920.3). Inadequate structural resistance to horizontal forces.
P. Geotechnical Instability. In-situ geology or changes or improvements to the in-situ topography which causes subsidence or a landslide and which becomes a hazard to adjacent properties or the public right-of-way or public easement.
(Ord. No. 13199, § 3(Exh. A), 11-19-2013)
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