11 18-2201 Subject: Vacant Property Tax Implementation Ordinance & Administration
From: Finance Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Ordinance Amending Oakland Municipal Code Title 4, Chapter 4.56 To Clarify And Further Define Various Sections Of The Oakland Vacant Property Tax And Establish A Method For Identifying Vacant Property; And
The ordinance needs explicit language to authorize exemptions for open space parcels that can’t be developed due to fire hazard and financial considerations.
Upper Panoramic Hill is an extreme fire hazard area divided into 80+ small parcels that have been held as open space by their owners for decades. The parcels are of minimal frontage, situated on slopes, lacking utility access, and surrounded by park land. The area is currently enjoyed by hikers, visitors and wildlife.
Any development would require $ millions in new sewer, water, and utility lines. No one lot can be developed except as part of an extensive project involving many lots. In light of the fire hazard, an EIR and new emergency access road would be required. This is an unreasonable burden on individual owners. The ordinance should be modified so that lots in extreme fire risk open space areas that can’t be developed by their owners are not subject to the vacant property tax.
Dale Gieringer
No matter what amount you decide to tax “vacant undeveloped lots” the tax itself violates the rights of landowners. Allowing the general population, many who are not homeowners who pay property taxes, to decide to tax a small number of people to generate income for any reason is unconstitutional. Many of us who own vacant lots are not developing them due to financial concerns and the red tape involved dealing with the City of Oakland . Some of us are protecting an expensive view, a garden, a deer sanctuary, an extra place to entertain . Whatever the reason we are choosing to keep lot vacant, yet fire safe and maintained, is OUR business. We are not harming humans or animals, we are not using resources, we are providing green space for cleaner air. Instead of debating definitions (use, function) and forcing hearings to justify exemptions which will take time and money, gut this unfair ordinance and find another more equitable way of funding city problems.
Lucia and Scott Gilbertson
The ordinance needs explicit language to authorize exemptions for open space parcels that can’t be developed due to fire hazard and financial considerations.
Upper Panoramic Hill is an extreme fire hazard area divided into 80+ small parcels that have been held as open space by their owners for decades. The parcels are of minimal frontage, situated on slopes, lacking utility access, and surrounded by park land. The area is currently enjoyed by hikers, visitors and wildlife.
Any development would require $ millions in new sewer, water, and utility lines. No one lot can be developed except as part of an extensive project involving many lots. In light of the fire hazard, an EIR and new emergency access road would be required. This is an unreasonable burden on individual owners. The ordinance should be modified so that lots in extreme fire risk open space areas that can’t be developed by their owners are not subject to the vacant property tax.
Dale Gieringer
No matter what amount you decide to tax “vacant undeveloped lots” the tax itself violates the rights of landowners. Allowing the general population, many who are not homeowners who pay property taxes, to decide to tax a small number of people to generate income for any reason is unconstitutional. Many of us who own vacant lots are not developing them due to financial concerns and the red tape involved dealing with the City of Oakland . Some of us are protecting an expensive view, a garden, a deer sanctuary, an extra place to entertain . Whatever the reason we are choosing to keep lot vacant, yet fire safe and maintained, is OUR business. We are not harming humans or animals, we are not using resources, we are providing green space for cleaner air. Instead of debating definitions (use, function) and forcing hearings to justify exemptions which will take time and money, gut this unfair ordinance and find another more equitable way of funding city problems.
Lucia and Scott Gilbertson