Oakland Sidewalk Ordinance, Inspection, Certificate of Compliance

Oakland Sidewalk Ordinance, Inspection, Certificate of Compliance

I’m gonna talk to you about how to

sell your house in Oakland California

one of the things that makes it a little

more complicated out here to sell your

house is the side rock repair order my

name is Tanja Odzak-Goppold, top producing realtor

with Keller Williams and I work Oakland

and the greater East Bay

so the Sidewalk ordinance came out

in the last half of 2019 it was rolled

out pretty quickly and there were a lot

of complaints and challenges to it so

then they modified the process and they

wrote out this document to explain it

which was actually pretty convoluted so

um my suggestion is save yourself one to

two hours of frustration and watch my

short video so in this video I’m going

to tell you what it is when it’s

triggered the possible exemptions the

process for getting your certificate

appliance and also make sure you watch

until the end to hear about how that

factors into when you’re selling your

house and also when you’re a buyer

buying house so as of july 2019 the city

of oakland started requiring that all

sidewalks meet the guidelines set forth

by the American with Disabilities Act

this means that any crack depression or

vertical offset of more than a quarter

inch in the sidewalk is considered a

defect and your sidewalk requires repair

this means that if your property is

within the City of Oakland then you have

to have the sidewalk inspected and if

they are not in compliance to bring them

into compliance and have a formal

certificate of compliance issues the

certificate of compliance is good for

five years from the data was issued and

since this is a new thing it basically

means that no houses have this already

and everybody regardless of the

condition of their sidewalk is gonna

have to go get so just like the private

sewer lateral this is only required if a

trigger is activated so what are the

triggers the first one is

the Salem property the second one is if

you build or remodel in excess of

$100,000.00 and those are basically the

two triggers otherwise you can just

choose you know of just because to bring

the sidewalks into compliance if you

would like so there are some properties

that are exempt this can be transferred

between co-owners transfers to a trust

transfers to a spouse or a registered

domestic partner that kind of thing also

properties with no improved sidewalk are

also excluded since I’m a realtor I’m

going to focus on what happens when a

house is sold also please be aware that

this process is still really new so it’s

likely that than you really bumpy if you

ever have any questions call or visit

the oak do two permanent office they’re

down at 250 Frank H ohkawa Plaza on the

fourth floor of the building the process

always starts with hiring an inspector

to come out and take a look at the site

line it’s important to mention that not

all contractors can certify a sidewalk

you need to get a contract that means a

specific criteria set forth by the City

of Oakland it has to be a licensed

contractor or a professional engineer or

a licensed architect that holds a

specific a B C 8 or D 6 license and a

current valid open business line they

will then issue an inspection report and

if the report says that you’re set off

does not require repair and that it

meets the ABA guidelines and then you’re

good either you or the contractor can go

apply for the certificate of compliance

you bring your documentation you go

prepared and you go downtown to 250

Frank H Ogawa Plaza it costs about $80

so make sure that you’re being an

acceptable form of payment I’ve been

down to HUD office plenty of times and

it can really be sometimes a source of

frustration to go so go online

double-check their hours call them up

double-check it again just verify

because sometimes

you know the office is closed for

whatever reason sometimes there’s a

two-hour lunch so just make sure that

you come prepared and you don’t have to

wait for in a city inspection to get

your certificate of complaint if your

sidewalk requires repair then you’re

gonna have to hire a licensed contractor

to do the work if the work is gonna

require a permit then you’re also going

to need to pay extra for the permit so

you have the work done and then after

the repairs are done your contractor

will certify that the work has been done

according to code and then can get the

certificate appliance I have heard that

the owner can also get the certificate

of compliance too so again if you do go

down there and get it make sure you go

prepared bring your documentation to

prove that the work has been done you

know this can be the inspection report

itself the contractors invoice and

photographs so for what it’s worth again

you don’t need to wait for a city

inspection to get your certificate of

them so how much do the repairs cost

well the nature of the work is variable

but you’re gonna have a quote on the

inspection report so you can look at

that and then you’ll know also every

house is different to the extent of the

work is different and you just need to

get quotes I always recommend getting at

least three bids on the work because

even people who do the same kind of work

or can have widely variable prices and

don’t forget to think about the cost of

the firm and make sure that that is on

the estimate that you get so a side note

about trees there’s a thing about damage

being done by city trees and if you

believe that a tree is a city tree the

city will need to verify it that it is

actually a city tree and if it’s not

then you will need to take care of the

sidewalk regardless and if it is a city

tree then there’s a whole process that

you’re gonna need to go through and work

it out with a city and I’m not going to

go into that with this video if you’re

part of an HOA though the governing

documents are going to say whether or

not the HOA is responsible for bringing

the sidewalks in to comply

you can ask for a copy of the

certificate of compliance to use in the

sale and if the HOA doesn’t cover the

sidewalks then the individual unit

owners like as a group are responsible

for getting the sidewalk certain so what

does this mean if you’re selling a house

or buying a house well if you’re working

with a realtor then these are all things

that your Realtor can help you find the

right answer for so essentially when

you’re a seller you need to know if

you’re required to comply or if you’re

exempt and if you have a sidewalk that

needs to be brought into compliance you

need to get a contractor that meets a

specific criteria set forth by the city

to come out and inspect your sidewalks

and you should also be aware that they

are going to spray-paint your sidewalk

and that’s just gonna highlight where

any of the repairs need to be made if

you’re in compliance you’re good you go

get the certificate and it’s not that

you need to have a plan for what you’re

gonna do and if you’re gonna bring it

into compliance and you’re gonna need to

know how much is that gonna be and how

that fits into your overall budget and

then of course when are you gonna do the

work and how does that work to do the

sidewalks be coordinated with any of the

other working may possibly be doing on

your house or is this going to be

something that you’re gonna try to

negotiate with a buyer and you should

have a plan on how you’re gonna do that

and when you’re a buyer you need to know

how much of the sidewalk or what is the

area of the sidewalk they needs to be

brought into compliance and you’ll need

to know if there has been an inspection

and how much is it gonna cost to bring

it into compliance or if it’s already in

compliance you also need to know what

your plan is to negotiate complaints as

part of your overall offer so there are

no hard and fast rules about who brings

a sidewalk into compliance other than

the sale triggers the requirement to

comply and

so what happens if the sidewalks are not

brought into compliance before the

transfer of title from the seller to the

buyer so a provisional sidewalk

compliance certificate can be applied

for by giving the city $80 it’s gonna

give you 90 days to bring the sidewalk

into compliance but the thing is you

have to get that before the title

transfer occurs then the money that went

towards the provisional certificate can

then be applied towards the final

certificate of compliance if you want to

check on the status of a compliant

certificate for a particular property

just call the oak d-o-t permit counter

at five ten two three eight three one

nine nine so you should check out my

series on how to sell your house in

Oakland California especially the one on

private sewer lateral compliant because

if you love this one about the sidewalks

you’re really gonna love that one about

the sewers and if you like this one

please give me a like below and

subscribe to my channel!

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