Chapter 19.40 — BERKELEY HOUSING CODE

Sections: 19.40.010 Scope and Administration. 19.40.020 Definitions. 19.40.030 Space and Occupancy Standards. 19.40.040 Structural Requirements. 19.40.050 Mechanical and Electrical Requirements. 19.40.060 Exits. 19.40.070 Fire Protection. 19.40.080 Rental Housing Safety. 19.40.090 Substandard Housing.

101--Title

This chapter shall be known as the "Berkeley Housing Code" and may be cited in this Chapter as "this Code".

The following provisions of the Uniform Housing Code (UHC), 1997 Edition, have been incorporated into this Code subject to the local modifications thereto which are set forth below: 1997 UHC Chapters 1 and 4-9, except Section 701.1.

In administering the substantive provisions of this Code, the City shall be guided by the regulations issued by the California Department of Housing and Community Development in Title 25 of the California Code of Regulations, Division 1, Chapter 1, Subchapter 1 State Housing Law Regulations, as well as applicable provisions of the California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Sections 17910 to 17998.3, and other housing related Codes adopted by the State of California.

102--Purpose

The purpose of this Code is to safeguard, remedy and prevent the decay and deterioration of residential buildings and property as defined herein by providing minimum housing and property maintenance standards for the protection of life, health, welfare, and the safety of the general public and the occupants and owners of such buildings within the City of Berkeley.

103--Scope and Applicability

1. The provisions of the Housing Code shall apply to all buildings or portions thereof used, or designed or
intended to be used, for human habitation. This Chapter is not an exclusive regulation of housing within the
City of Berkeley. It shall supplement, be accumulative with, and be in addition to any applicable regulatory
ordinances enacted by the City and listed in Title 19 of the Berkeley Municipal Code and any applicable State
or Federal laws enacted by the State or Federal government or any other legal entity that may have
jurisdiction.

2. Existing buildings and all portions thereof may have their existing use or occupancy continued, provided
the building or portion thereof met the code requirements in effect at the time of construction, addition or
alteration, and such continued use is not dangerous to life and is not substandard.

3. Existing buildings and all portions thereof shall be maintained in a safe and sanitary condition. All
devices, components or safeguards, which are required by this Code, shall be maintained in conformance with the Code edition under which installed, unless otherwise required by the Berkeley Building Code or
other adopted ordinance or state law applied retroactively.

4. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as the

new work is concerned, and in accordance with the adopted edition of the California Building Standards Code.

5. Any references to the provisions of former code editions shall be construed to apply to the corresponding provisions contained within the currently adopted edition of the California Building Standards Code.

   6. Notwithstanding anything set forth or provided for in this chapter, if there is a conflict or discrepancy between the provisions of this Code, the State Housing Law, or the California Building Standards Code the Building Official is authorized to apply building standards which provide for the most flexibility to maintain continuity of housing, provided a substandard condition is not created or continued.

   7. When a building permit record for a residential unit does not exist, the Building Official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards, whichever is the least restrictive, provided the building or portion thereof does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

   8. Notwithstanding any provisions contrary in this Chapter, any building or portion thereof constructed in compliance with the Berkeley Building or Residential Codes shall not be deemed to be in violation of the Berkeley Housing Code provisions that may conflict.

104--Authority

The City Manager is hereby authorized and directed to designate City departments and employees to administer and enforce all of the provisions of this code. City personnel designated to enforce this Code shall have the powers of a law enforcement officer.

The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The Building Official has the authority to delegate the implementation, administration and enforcement of the provisions of this code to housing inspectors, building inspectors, and other technical officers and employees. Such employees shall have powers as delegated by building official.

105--Right of Entry

When it is necessary to make an inspection to enforce the provisions of this Code, or when the Building Official has reasonable cause to believe there exists in a building or upon a premises a condition which is contrary to or in violation of this Code, which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

106--Responsibilities Defined

Owners remain liable for violations of duties imposed by this Code even though an obligation is also imposed on the occupants of the building, and even if the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code.

The owner or the owner’s designated agent shall be responsible for maintaining buildings and structures and parts thereof in a safe and sanitary condition. To determine compliance with this subsection, the building may be re-inspected.

Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.

Owners shall, when required by this Code, the Health Ordinance or the Health Officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.

Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the Health Ordinance and approved by the Health Officer.

Occupants shall, when required by this Code, the Health Ordinance or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary.

107--Owner or Representative to Reside on Premises

1. The owner of every apartment house in which there are 16 or more apartments, and every hotel in
which there are 12 or more guest rooms, shall either reside on the premises or ensure that a manager
resides upon the premises.

2. Only one caretaker is required under this section for all structures under one ownership and on one
contiguous parcel of land.

3. If the owner does not reside upon the premises of any apartment house in which there are more than

four but less than 16 apartments, a notice stating his/her name and address, or the name and address of his/ her agent in charge of the apartment house, shall be posted in a conspicuous place on the premises.

108--Violations

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code. Violations of this Code may be charged as infractions or misdemeanors, at the discretion of the enforcing officer. Charging violations of this Code as public offenses does not in any way limit any other remedies that might be available.

109--Housing Advisory and Appeals Board

109.1 General. The Housing Advisory Commission ("Commission") as defined in this Code and Chapter 19.44 of the Berkeley Municipal Code shall serve as the "Board of Appeals" and "Housing Advisory and Appeals Board" referred to in this Code. The Commission shall hear and decide appeals of orders, decisions or determinations made by the Building Official under this Code.

109.2 Limitations of Authority. The Housing Advisory and Appeals Board shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of this Code. (Ord. 7840-NS § 2, 2022)

201--General

201.1 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the California Building Code, California Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code or California Fire Code, such terms shall have the meanings ascribed to them in those codes.

201.2 Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinary accepted meanings such as the context applies. Webster’s Third New California Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings.

202--Definitions

Unless otherwise expressly stated, the following words and terms shall, for the purpose of this Code, have the meanings shown in the section.

Alteration is any construction or renovation to an existing building other than repair or addition. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, and replacement of existing components.

Apartment is a dwelling unit as defined in this Code.

Apartment House is any building or portion thereof which contains three or more dwelling units and, which is rented, leased, let or hired out to be occupied for consideration, or which is occupied, as the home of three or more individuals, families or living groups, living independently of each other and doing their own cooking in said building.

Berkeley Housing Code is this Chapter and applicable provisions of the currently adopted editions of the California Building Code, California Existing Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code and the State Housing Law, and applicable regulatory ordinances enacted by the City and listed in Title 19 of the Berkeley Municipal Code.

Building Code is the California Building Code contained in Part 2, Title 24, California Code of Regulations, as adopted in Chapter 19.28 of the Berkeley Municipal Code.

Building Official is the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.

City means the City of Berkeley.

Complaint means notification by any person of a violation or a suspected violation of Berkeley Housing Code.

Congregate Residence is any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

Dwelling is a building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes, and includes any garages or other accessory buildings belonging thereto.

Dwelling Unit is a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Efficiency Dwelling Unit is a dwelling unit containing only one habitable room and constructed in accordance with Health and Safety Code Section 17958.1 or the California Building Code Section 1207.4.

Electrical Code is the California Electrical Code, contained in Part 3, Title 24, California Code of Regulations as adopted in Chapter 19.30 of the Berkeley Municipal Code.

Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this Code, "enforcement" includes inspections of existing buildings, subject to this Code, on which no complaint or permit application has been filed, in an effort to secure code compliance as to these existing buildings.

Fire Code is the California Fire Code contained in Part 9, Title 24, California Code of Regulations, as adopted in Chapter 19.48 of the Berkeley Municipal Code.

Hot Water is water supplied to plumbing fixtures at a temperature of not less than 110°F.

Hotel is any building containing six or more rooms, which are used, intended or designed to be used, rented or hired out to be occupied for sleeping purposes by guests.

Landlord means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

Lodging House is any building or portion thereof, containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.

Manager means the person who has charge of any premises and is responsible for its maintenance, upkeep and cleaning.

Mechanical Code is the California Mechanical Code, contained in Part 4, Title 24, California Code of Regulations as adopted in Chapter 19.32 of the Berkeley Municipal Code.

Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.

Nuisance. The following shall be defined as nuisances:

1. Any public nuisance known at common law or in equity jurisprudence.

2. Any attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.

   3. Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.

   4. Overcrowding a room with occupants.

   5. Insufficient ventilation or illumination.

   6. Inadequate or unsanitary sewage or plumbing facilities.

   7. Uncleanliness, as determined by the health officer.

   8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer.

   9. Fire hazard.

   10. Substandard building.

Occupant is any individual living, sleeping, cooking, or eating in or having possession of a dwelling unit or portion thereof.

Plumbing Code is the California Plumbing Code, contained in Part 5, Title 24, California Code of Regulations as adopted in Chapter 19.34 of the Berkeley Municipal Code.

Rent means the consideration, including any deposit, bonus, benefit or gratuity, demanded or received for or in connection with the use or occupancy of rental unit and housing services. Such consideration shall include, but not be limited to, monies and fair market value of goods or services rendered to or for the benefit of the landlord under the terms of the rental agreement.

Rental Unit is any dwelling or sleeping unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy located in the City, together with all services connected with the use or occupancy of such property such as common areas held out for use by the tenant.

Repair is renewal of any part or component of an existing building for the purpose of its maintenance or to correct damage.

Safety Assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or human-caused disaster event.

Sleeping Unit is a single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

State Housing Law is the state law regulating residential occupancies. It consists of

• Health and Safety Code: Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation,
Sections 17910 to 17998.3.

• California Code of Regulations: Title 25, Division 1, Chapter 1, Subchapter 1 State Housing Law and
Regulations.

Substandard Building means any building or portion thereof used for habitation that substantially endangers the life, limb, health, property, safety or welfare of the public or its occupants due to one or more violations of Section 19.40.090 of this Code.

Tenant means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.

Voluntary Code Compliance means, for the purpose of this Code, actions voluntarily initiated by an owner to achieve compliance with applicable laws including, but not limited to, fumigation, mold abatement, lead abatement, seismically retrofitting, as well abatement work performed in response to a Notice of Violation under Sections 808 and 1002 of this Code. Work performed for the purpose of improvements is not considered voluntary code compliance. (Ord. 7840-NS § 2, 2022)

301--Location of Buildings on Property

All buildings shall be located with respect to property lines and to other buildings on the same property as required by the Building Code.

302--Yards and Courts

302.1 Scope. This section shall apply to yards and courts having required window openings therein.

302.2 Yards. Every yard shall not be less than 3 feet in width for one- and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of 1 foot for each additional story. Where yards completely surround the building, the required width may be reduced by 1 foot. For buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.

303.3 Courts. Every court shall not be less than 3 feet in width. Courts having windows opening on opposite sides shall not be less than 6 feet in width. Courts bounded on three or more sides by the walls of the building shall not be less than 10 feet in length unless bounded on one end by a public way or yard. For buildings more than two stories in height, the court shall be increased 1 foot in width and 2 feet in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.

Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet (0.93 m2) in area and leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire- resistive.

303--Room Dimensions

303.1 Ceiling Heights

A. Habitable spaces shall have a ceiling height of not less than 7 feet 6 inches except as otherwise
permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not
less than 7 feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members
are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these
members. Where exposed beam ceiling members are spaced at 48 inches or more on center, ceiling height
shall be measured to the bottom of the deck supported by these members provided that the bottom of the

members is not less than 7 feet above the floor.

Exceptions--In one- and two-family dwellings only:

a. habitable spaces shall have a ceiling height of not less than 7 feet

b. bathrooms, toilet compartments and laundry rooms shall have a ceiling height of not less than
6 feet 8 inches

c. beams, girders, ducts or other obstructions in basements containing habitable space shall be permitted to project to within 6 feet 4 inches of the finished floor

B. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in
only one-half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to
the finished ceiling shall be included in any computation of the minimum area thereof.

C. If any habitable room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area
thereof, but in no case shall the height of the furred ceiling be less than 7 feet.

303.2. Floor Area

Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.

Exceptions:

(1) Efficiency units: Nothing in this section shall prohibit the use of an efficiency living unit within an
apartment house meeting the following requirements:

a. The unit shall have a living room of not less than 220 square feet of superficial floor area. An
additional 100 square feet of superficial floor area shall be provided for each occupant of such unit
in excess of two.

b. The unit shall be provided with a separate closet.

c. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities,
each having a clear working space of not less than 30 inches in front. Light and ventilation
conforming to this Code shall be provided.

d. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and
bathtub or shower.

(2) In one- and two-family dwellings only, habitable rooms shall have a floor area of not less than 70
square feet.

303.2 Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension. Each water closet stool shall be located in a clear space not less than 30 inches in width, and a clear space in front of the water closet stool of not less than 24 inches shall be provided.

304--Light and Ventilation

304.1 General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater.

Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building.

Exceptions:

(1) Required windows may open into a roofed porch where the porch:

(2) Skylights.

304.2 Light. Habitable spaces shall be provided with natural light by means of exterior glazed openings with an area not less than one tenth of the floor area of such rooms with a minimum of 10 square feet or shall be provided with artificial light.

Habitable spaces constructed, converted, or altered after January 1, 2008, are permitted to have the minimum net glazed area of not less than 8 percent of the floor area of the room served.

When artificial lighting is provided, it shall be capable to provide an average illumination of 10 footcandles (107 lux) over the area of the room at a height of 30 inches above the floor level.

304.3 Ventilation.

A. Habitable spaces shall be provided with natural ventilation by means of openable exterior openings with
an area of not less than 1/20 of the floor area of such rooms with a minimum of 5 square feet.

Habitable spaces constructed, converted, or altered after January 1, 2008, are permitted to have the minimum
openable area of the openings to the outdoors of not less than 4 percent of the floor area being ventilated.

In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided.
Such system shall be capable of providing two air changes per hour. Habitable spaces constructed, converted,
or altered after January 1, 2008, are permitted to provide a mechanical ventilation Outdoor Air Rate (Qtot)
calculated in accordance with the following:

Outdoor Air Rate (Qtot) equals 3% of the floor area plus 7.5 cfm for each occupant assumed to be equal to the
number of bedrooms plus 1.

Qtot = 0.03Afloor + 7.5 (Nbr + 1)

Where:

Qtot = Total required ventilation outdoor air rate (cfm)

Afloor = Floor Area (ft2)

Nbr = Number of bedrooms

B. Bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural
ventilation by means of openable exterior openings with an area not less than 1/20th of the floor area of such
rooms with a minimum of 1-½ square feet. In lieu of required exterior openings for natural ventilation in
bathrooms containing a bathtub, shower or combination thereof; laundry rooms; and similar rooms, a
mechanical ventilation system connected directly to the outside capable of providing five air changes per
hour shall be provided. The point of discharge of exhaust air shall be at least 3 feet from any opening into the
building. Bathrooms that contain only a water closet, lavatory or combination thereof, and similar rooms, may
be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from
the air.

Bathrooms, water closet compartments, laundry rooms and similar spaces constructed, converted, or altered
after January 1, 2008 are permitted to be mechanically ventilated at an exhaust rate not less than 50 cubic
feet per minute for intermittent operation and 20 cubic feet per minute for continuous operation.

C. Kitchens constructed, converted, or altered after January 1, 2008 are permitted to be intermittently
mechanically ventilated at an exhaust rate not less than 100 cubic feet per minute for range hoods or 300
cubic feet per minute for mechanical exhaust fans including downdraft appliances. Enclosed kitchens are
permitted to be provided with continuous mechanical ventilation at an exhaust rate not less than 5 air
changes per hour based on kitchen volume.

D. Each kitchen range or cooktop shall be provided with a vented hood ducted to terminate outside the
building, with a minimum air flow of 100 cubic feet per minute.

A local mechanical exhaust system installed in accordance with ASHRAE 62.2 and Subsection 304.3.C above
shall be permitted in lieu of a vented range hood.

304.4 Hallways. All public and common hallways, corridors, stairs and other exitways shall be adequately lighted and illuminated at all times in accordance with Chapter 10 of the Building Code.

305--Sanitation

A. Dwelling Units, Lodging Houses and Congregate Residences. Dwelling units, lodging houses and congregate
residences shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory,
and either a bathtub or shower.

B. Hotels. Where private water closets, lavatories and baths are not provided, there shall be provided on
each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway.
Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess of ten. As an equivalent alternative,
adequate genderless facilities may be provided.

C. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen
sink. A wooden sink or sink of similarly absorbent material shall not be permitted.

D. Fixtures. All plumbing fixtures shall:

(1) Be connected to a sanitary sewer or an approved private sewage disposal system;

(2) Be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation; and

(3) Be of an approved glazed earthenware type or of a similarly nonabsorbent material.

(4) All piping and plumbing fixtures shall be installed and maintained in working order, and shall be
kept free from obstructions, leaks and defects.

E. Water Closet Compartments. Walls and floors of water closet compartments in common use and public
areas, shall be finished in accordance with applicable provisions of the Building Code.

F. Room Separations. Every water closet, bathtub or shower required by this Code shall be installed in a
room, which will afford privacy to the occupant.

G. Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary
condition and in accordance with applicable requirements of the Plumbing Code and other applicable laws.

306--Building Interior

306.1 Interior Surfaces--Interior surfaces, including wall, floor and ceiling surfaces, windows and doors, shall be maintained in good, clean and sanitary condition. Any interior finishes that have a fire-resistance rated classification must maintain their fire rating and when repairs or replacement are performed, shall be repaired or replaced with similar or compatible materials of the same fire-resistance rating.

306.2 Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks. Any hardware that provides privacy must be maintained in operational condition. (Ord. 7840-NS § 2, 2022)

401--General

Buildings or structures may be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code.

402--Protection from Weather and Dampness

Every building shall be weather-protected so as to provide shelter for the occupants against the elements and to exclude dampness.

403--Protection of Materials

All wood shall be protected against termite damage and decay as provided in the Building Code.

404--Structural Maintenance

A. Pursuant to the requirements of Health and Safety Code Section 17973 (inspection deadlines in
subsection (d) notwithstanding) projecting exterior elevated wood and metal decks, balconies, landings,
stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of Group R-1 and R-2
Occupancies, as defined in the most recent edition of the California Building Code, shall be inspected within
six months of adoption of this section, and every six years thereafter by a licensed general contractor,
licensed architect, licensed civil or structural engineer, or certified building inspector or building official who
are not employees of the City of Berkeley to verify that the elements are in general safe condition, adequate
working order, and do not exhibit signs of deterioration, decay, corrosion or similar damage that could pose a
safety concern and there is no evidence of active water intrusion in concealed spaces of the inspected
elements. The inspection schedule set forth above shall apply retroactively to the original enactment of the
City’s Exterior Elevated Elements inspection program on July 14, 2015; cyclical inspections shall be completed
by March 31, 2022 and every six years thereafter.

B. Pursuant to the requirements of Code of Civil Procedure Section 5551, projecting exterior elevated wood
and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-
exposed areas of condominium projects containing 3 or more dwelling units shall be inspected by January 1,
2025, and then at least once every nine years. The inspection shall be conducted by a licensed structural
engineer or architect of a random and statistically significant sample of exterior elevated elements for which
the association has maintenance or repair responsibility.

The inspection reports shall comply with the requirements of Health and Safety Code Section 17973 Subsections (c) and (d). The property owner shall be responsible for complying with the repair requirements set forth in Health and Safety Code Section 17973 Subsections (g), (h) and (i). Property owners shall provide proof of compliance with this section by submitting an affidavit form provided by the City. The affidavit shall be signed by the responsible inspecting party and submitted to the Housing Code Enforcement Office. If the inspector indicates corrective work is required, a second affidavit form shall be submitted once the work is completed. For the purpose of this section, elevated "weather-exposed areas" mean those areas which are not interior building areas, extend beyond exterior walls and are located more than six feet above adjacent grade. For newly constructed residential buildings, inspections shall occur no later than six years following issuance of the Certificate of Occupancy for such buildings. (Ord. 7840-NS § 2, 2022)

501--Heating

Habitable spaces shall be provided with heating facilities capable of maintaining a room temperature of 68° F at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe working condition and in accordance with Chapter 12 of the Building Code, the Mechanical Code, and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type. Hot water provided to plumbing fixtures shall be supplied at a temperature of not less than 110°F.

502--Electrical Equipment

All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with the Electrical Code and all applicable laws.

503--Ventilation

Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the Mechanical Code and in this Code. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 304.3 of this Code, such mechanical ventilating systems shall be maintained in operational condition during the occupancy of any building or portion thereof. (Ord. 7840-NS § 2, 2022)

601--Requirements Designated

All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by Chapter 10 of the Building Code or the Codes in effect at the time of construction, alteration or conversion.

A. Dwelling units or guestrooms shall have access directly to the outside or to a common or public corridor, passageway, or egress balcony.

B. Exit doors shall meet the minimum security requirements set forth in BMC Chapter 19.80. For sliding doors used as required exit doors, the manufacturer’s locking device shall be maintained in operational condition.

C. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. Such windows shall be operable from the inside to provide a full clear opening without the use of separate tools.

D. All escape or rescue windows from sleeping rooms shall have the required minimum net clear openings and finished sill heights. Escape or rescue windows shall not be obstructed from the outside of the building.

E. Security bars, grills, screens and covers placed over sleeping room windows or bedroom exterior doors, which provide the required emergency escape or rescue, shall comply with the Building Code and shall be openable or removable from within the room without the use of a key, tool, special knowledge or effort. Any release mechanism shall be readily accessible and operable at all times. Window bars, grills, screens and covers shall not reduce the net clear opening of the emergency escape and rescue opening.

F. The installation of replacement glazing, or replacement windows shall be as required for new installations, when practical.

G. Means of egress including but not limited to stairs, ramps, walking surfaces, shall be maintained in safe working condition, shall not be obstructed in any manner and shall remain free of any material, matter or defect where its presence would obstruct or render the means of egress hazardous.

H. All handrails and guards shall be firmly fastened and capable of supporting code specified loads and shall be maintained in safe working condition. (Ord. 7840-NS § 2, 2022)

701--General

All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Building Code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire-extinguishing systems or equipment required by Chapter 9 of the Building Code.

702--Smoke Alarms

Smoke Alarms shall be installed per the manufacturer’s installation instructions in all residential occupancies and at the required locations as prescribed in the Building Code:

(1) In each room used for sleeping purposes.

(2) Outside each separate sleeping area in the immediate vicinity of the sleeping room.

(3) On each story within a dwelling unit, including basements and habitable attic spaces. In units with split levels without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice provided that the lower level is less than one full story below the upper level.

703--Carbon Monoxide Alarms

Carbon Monoxide Alarms are required in all dwelling and sleeping units where one of the following exist:

(1) The unit contains a fuel-fired appliance or fireplace.

(2) The unit has an attached garage with an opening that communicates with the unit.

Carbon Monoxide Alarms shall be installed per manufacturer’s installation instructions and at the required locations as prescribed in the Building Code:

(1) Outside of each separate sleeping area in the immediate vicinity of the sleeping rooms.

(2) On every occupiable level of a dwelling unit including basements and habitable attic spaces.

(3) Inside each sleeping room where a fuel-burning appliance is located within the sleeping room or its attached bathroom.

Combination Alarms--Combination carbon monoxide/smoke alarms shall be an acceptable alternative to carbon monoxide alarms and smoke alarms. (Ord. 7840-NS § 2, 2022)

801--Findings

A. Berkeley has an aging rental housing stock where the majority of rental units are over 50 years old and,
thus, are more likely to violate housing safety codes and endanger the health and safety of occupants and
others. According to the 2020 census, 76% of all housing units, owner-occupied or rental units, are more than
50 years old.

B. There is a crisis in Berkeley’s rental housing market reflected in a reduced vacancy rate which increases
the likelihood that tenants may not complain about unsafe conditions for fear of losing their homes.

C. Berkeley has a large number of tenants who are immigrants or who have special needs which makes it
more difficult for them to be aware of and enforce their rights to safe accommodations.

D. There have been several tragic deaths that may have been avoided had there been a regular residential
rental inspection program, an exterior elevated elements inspection program, and a safety education
program.

E. An inspection made by a property owner in order to submit a certification pursuant to Subsection 803A
is a necessary service pursuant to California Civil Code Section 1954(b) where the tenant/occupant has
refused entry to a City inspector acting pursuant to this chapter.

802--Purpose

The purpose of the Rental Housing Safety Program (RHSP) is to increase the number of rental units in the City that meet housing safety standards established by the City in order to ensure the occupants’ health and safety.

803--Residential Rental Housing Safety Certification--City Inspection in lieu of Self-Certifications-- Exemptions

A. All owners of residential real property containing rental units and not otherwise exempt pursuant to
Subsection 803.C shall annually certify that their rental unit(s) meet housing safety standards established by
the City or seek an inspection by the City pursuant to Subsection 803.B. Self-certification shall be made in the
manner set forth below:

(1) Owners shall inspect each rental unit owned using the Rental Housing Safety Program Certification
Checklist form required by the City.

(2) Owners shall provide a copy of the completed Rental Housing Safety Program Certification Checklist to each tenant whose rental unit has been inspected. If the owner is unable to certify compliance with all applicable provisions of the checklist, including by reason of refusal of entry by the tenant, in addition to providing the completed form to the tenant, the owner shall submit a copy of the completed checklist to the City by email, mail or personal delivery. Owners shall provide the copy of the checklist to the tenant and, if applicable, a copy to the City within five days of completing the inspection and no later than July 1st of each year beginning with July 1, 2004.

(3) Any tenant may request that the City verify the accuracy of the representations made by the owner in the checklist. Further, all checklists submitted to the City shall be considered public information.

B. An owner or tenant may request that their residential rental unit(s) be inspected by the City to ascertain compliance with the housing safety standards. If the City is unable to conduct such inspection, the owner is nonetheless required to complete a checklist pursuant to Subsection 803.A. Such inspection may also determine compliance with all other applicable requirements relating to building safety.

C. Newly constructed residential rental units shall be exempt from the requirements of Section 803 for a period of five years following issuance of the Certificate of Occupancy for such units.

D. For those units where the City has determined that the tenant has refused entry to the owner to conduct the inspection necessary for completing the checklist, the City may seek a warrant for entry pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52

804--Unlawful Alteration of Premises by Tenant/Occupant

It shall be a violation of this chapter for any tenant/occupant to modify, damage, destroy or otherwise alter their premises in a manner which renders the premises in a condition which the City has determined violates applicable laws enforced by the City to such an extent as to endanger the safety of the public or the occupants thereof and the tenant/occupant has failed to correct the violation after receiving written notice and being given a reasonable opportunity to do so.

805--Proactive Inspection of Rental Units

The City Manager or their designee may periodically inspect every residential rental unit in any real property in the City provided that no residential rental unit shall be subject to a Rental Housing Safety Program inspection on more than a triennial basis where such unit complies with the annual self-certification requirement, unless an inspection is required in response to a request for service or the City reasonably believes that the property may be in violation of applicable laws or ordinances. Nothing contained herein affects the ability of the Berkeley Fire Department to conduct annual inspections pursuant to Berkeley Municipal Code Chapter 19.48. Entry for inspection shall be as a result of either consent or execution of a warrant secured pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52.

806--Reactive / Complaint Inspections

The City Manager or their designee may inspect those portions of residential rental properties, buildings, units or structures in response to a complaint. Any residential rental unit shall be inspected for code violations whenever information from the following sources indicates that a pertinent code violation may exist therein:

A. Complaint from a tenant that a code violation may exist;

B. Direct referrals for inspection from other City officials with code enforcement responsibilities or from
officials of a federal, state, or local agency, or from officials with a public or private utility; or

C. Reports that the exterior condition of a residential real property containing rental housing reflects the
existence of code violations.

807--Certificate of Compliance Issued When

If, upon the proactive or reactive inspection by the City of a residential rental unit within any real property, no violations of applicable laws or ordinances are determined to exist, a Certificate of Compliance shall be issued. Said certificate shall be given to the owner, manager (if requested) and affected resident(s) and shall state that the determination may be subject to an informal review by the Building Official if any affected party seeks such review within ten (10) days of the date of issuance of the Certificate of Compliance.

808--Correction of Violations Required

A. Whenever any proactive or reactive inspection results in a determination that a rental unit is in violation
of applicable laws or ordinances, the inspector shall promptly give the owner, manager (if any) and affected
resident(s) written Notice of Violation as set forth on Section 1002 of this Code. Said notice shall specify a
reasonable time to correct the violation, and shall state that the determination may be subject to an informal
review by the Building Official if any affected party seeks such review within ten (10) days of the date of
issuance of the Notice of Violation.

B. If the violation is corrected within the time specified, the owner, manager (if any) and resident(s) shall be
so notified in writing, and a Certificate of Compliance shall be issued.

C. If the violations have not been corrected, enforcement, including reinspections, will continue until all
violations are corrected.

809--Violations

Any person who fails to comply with any provisions of Section 19.40.080 after receiving written Notice of Violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of the Chapter and shall be subject to criminal sanctions and civil remedies pursuant to Subsection 810.

810--Penalties

A. Any person violating any provision or failing to comply with any of the requirements of Section 19.40.080 shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.

B. The City Attorney may bring a civil action to seek redress for a violation(s) under Section 19.40.080 on behalf of the City. In any such action, the City shall recover civil penalties in an amount not to exceed $500 for each violation and any other relief the court deems proper.

In any civil action filed pursuant to this subsection where the violation of Section 19.40.080 is declared to be a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided that, pursuant to Government Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

C. Any tenant may bring a civil action to establish that the owner of the property from which the tenant rents a dwelling unit has failed to provide the tenant with a copy of the Rental Housing Safety Program Certification Checklist or submit a copy of the Checklist to the City pursuant to Subsection 803.A.2. Such action may not be maintained where the City Attorney has commenced or is prosecuting an action against such violation. In any such action, the tenant shall recover civil penalties in an amount not to exceed $500 for each violation.

In any action brought under this subsection, the court shall award reasonable attorneys’ fees to any prevailing plaintiff. Any aggrieved person who initiates a civil action under this subsection shall file a copy of his or her complaint against the property owner and a copy of the court’s decision with the City. (Ord. 7840-NS § 2, 2022)

901--Substandard Housing--Defined

Pursuant to Health and Safety Code Section 17920.3 or its successor, any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:

a. Inadequate Sanitation shall include, but not be limited to, the following:

(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a
hotel.

(3) Lack of, or improper kitchen sink.

(4) Lack of hot and cold running water to plumbing fixtures in a hotel.

(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(6) Lack of adequate heating.

(7) Lack of, or improper operation of required ventilating equipment.

(8) Lack of minimum amounts of natural light and ventilation required by this code.

(9) Room and space dimensions less than required by this code.

(10) Lack of required electrical lighting.

(11) Dampness of habitable rooms.

(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement
does not exist with an agency that has a health officer, the infestation can be determined by a code
enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a
course of study in the appropriate subject matter as determined by the local jurisdiction.

(13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in
Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces
that can accumulate moisture as part of their properly functioning and intended use.

(14) General dilapidation or improper maintenance.

(15) Lack of connection to required sewage disposal system.

(16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health
officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate
garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in
Section 829.5 of the Penal Code.

b. Structural Hazards shall include, but not be limited to, the following:

(1) Deteriorated or inadequate foundations.

(2) Defective or deteriorated flooring or floor supports.

(3) Flooring or floor supports of insufficient size to carry imposed loads with safety

(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to
defective material or deterioration.

(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed
loads with safety.

(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split,
or buckle due to defective material or deterioration.

(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of
insufficient size to carry imposed loads with safety.

(8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

c. Any Nuisance.

d. Hazardous Wiring. All wiring, except that which conformed with all applicable laws in effect at the time
of installation if it is currently in good and safe condition and working properly.

e. Hazardous Plumbing. All plumbing, except plumbing that conformed with all applicable laws in effect at
the time of installation and has been maintained in good condition, or that may not have conformed with all
applicable laws in effect at the time of installation but is currently in good and safe condition and working
properly, and that is free of cross connections and siphonage between fixtures.

f. Hazardous Mechanical Equipment. All mechanical equipment, including vents, except equipment that
conformed with all applicable laws in effect at the time of installation and that has been maintained in good
and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation
but is currently in good and safe condition and working properly.

g. Faulty Weather Protection, which shall include, but not be limited to, the following:

(1) Deteriorated, crumbling, or loose plaster.

(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, 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.

h. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, 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.

i. Faulty Materials of Construction. All materials of construction, except those that are specifically
allowed or approved by this code, and that have been adequately maintained in good and safe condition.

j. Hazardous or Insanitary Premises. Those premises on which an accumulation of weeds, vegetation,
junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials,
and similar materials or conditions constitute fire, health, or safety hazards.

k. Inadequate Maintenance. Any building or portion thereof that is determined to be an unsafe building
due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.

l. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required
by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable
laws at the time of their construction and that have been adequately maintained and increased in relation to
any increase in occupant load, alteration or addition, or any change in occupancy.

When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

m. Inadequate Fire Protection. All buildings or portions thereof that are not provided with the fire- resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that 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 buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.

o. Inadequate Structural Resistance to horizontal forces.

"Substandard building" includes a building not in compliance with Health and Safety Code Section 13143.2.

However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.

The list of conditions, hazards and uses of property determined to be substandard is not intended to be exclusive. The Building Official is authorized to declare other and additional conditions, hazards and uses of property to be substandard if they endanger the health and safety of the residents or the public pursuant to this Code.

902--Substandard Building--Nuisance

Buildings or portions thereof which are determined to be substandard, which substantially endanger the health and safety of residents or the public, as defined in Health & Safety Code §17920.3 or its successor are hereby declared to be public nuisances, which shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this Code and Chapters 1 and 19.44 of the Berkeley Municipal Code. (Ord. 7840-NS § 2, 2022)

1001--Commencement of Proceedings

When the Building Official or an authorized representative has inspected or caused to be inspected any building subject to this Code and has found and determined that such building either has substandard conditions or is a substandard building which substantially endangers the health and safety of residents or the public, the Building Official may commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. Depending on the severity of conditions, the Building Official may begin enforcement efforts by issuing one or more Notices of Violation as set forth in Sections 1002 or may proceed immediately to issuing a Notice and Order including a declaration of substandard building as set forth in Section 1003.

If substandard conditions are not abated following issuance of one or more Notices of Violation or if conditions deteriorate to the point they substantially endanger the health and safety of residents or the public, the Building Official may proceed to issuing a Notice and Order.

1002--Notice of Violation

Whenever an inspector appointed by the Building Official inspected a

building or portion thereof and determined that a violation of this Code exists, the inspector shall issue a written Notice of Violation directed to the owner of record of the property. For the purpose of this Code, complying with a Notice of Violation is considered voluntary code compliance, not subject to administrative penalties or appeals to the Commission. The intent of issuing a Notice of Violation is to advise an owner of each violation and of each action the owner is required to take to remedy the violation. A re-inspection shall be scheduled to verify correction of the violations.

The Notice of Violation shall contain:

A. The street address sufficient for identification of the premises upon which the building is located.

B. Description of the codified violation(s).

C. The specific action required to correct the violation and a request that the violations be corrected within
the specific time period listed in the Notice.

D. The scheduled re-inspection date and time.

E. The Notice shall specify that any permits, if required, be secured and the work physically commenced
and completed within such time as the Building Official shall determine is reasonable under all of the
circumstances, but not less than 30 days, unless an immediate hazard exists

The Notice of Violation may be served by US mail, in a sealed envelope,

postage prepaid, addressed to such person to be notified at their last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such Notice is directed, or may be served personally on the owner, or if the owner is not present, a copy of the Notice may be posted on the property. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

Compliance re-inspections shall be conducted to verify that the violations

identified on the Notice of Violation have been abated. Violations not noted on the initial Notice of Violation, but discovered during any re-inspection due to subsequent activities, damage or deterioration, shall also be subject to correction.

No inspection fees shall be charged for the initial housing inspection or

inspection report. If violations have been verified to be corrected at the time of the first re-inspection, no re- inspection fees shall be charged. If the violations have not been corrected, a fee shall be assessed for the first and subsequent re-inspections, in accordance with the fee schedule established by Council.

If compliance with the Notice of Violation is not obtained within the

time specified therein, the Building Official may file in the Office of the County Recorder a Notarized Statement describing the property and certifying (i) that the building is in violation of Berkeley Municipal Code, and (ii) that the owner has been so notified. The notarized statement shall include the information set forth in Subsections 1002.1.B and 1002.1.C of this Code. Whenever the cited corrections are completed and any outstanding inspection service fees paid, the Building Official shall file a new Notarized Statement with the County Recorder certifying that all required corrections have been made so that the building is no longer in violation of Berkeley Municipal Code.

1003--Notice and Order

Whenever a building, or portion thereof, has been determined to be a

substandard building, which substantially endangers the health and safety of residents or the public, either due to the severity of substandard conditions or due to failure to repair pursuant to proceedings specified in Section 1002, the Building Official shall issue a Notice and Order directed to the owner of record of the building.

The Notice and Order shall contain:

A. The street address and a legal description sufficient for identification of the premises upon which the
building is located.

B. A statement that the Building Official has found the building to be a substandard building substantially
endangering the health and safety of residents or the public, with a brief and concise description of the
conditions which render the building substandard under the provisions of Sections 901 and 902 of this Code.

C. A statement of the action required to be taken as determined by the Building Official. If in the opinion of
the Building Official, the substandard conditions can be corrected or abated by repair thereof, the Notice shall
state the repairs which will be required.

(1) If the Building Official has determined the building or structure must be repaired, the Order shall
require that all required permits be secured and the work physically commenced within such time (not to
exceed 60 days from the date of the Order) and completed within such time as the Building Official shall
determine is reasonable under all of the circumstances, but not less than 30 days.

(2) If the Building Official has determined that the building or structure must be vacated, the Order
shall require the building or structure be vacated within a certain time from the date of the Order as
determined by the Building Official to be reasonable, but not less than 30 days.

(3) If the Building Official has determined the building or structure must be demolished, the Order shall
require that the building be vacated within such time as the Building Official shall determine reasonable
(not to exceed 60 days from the date of the Order), that all required permits be secured within 60 days
from the date of the Order and the demolition be completed within such time as the Building Official
shall determine is reasonable, but in no event less than 30 days.

D. Statements advising that if any required repair or demolition work is not commenced within the time
specified, the Building Official may:

(1) Order the building vacated and posted to prevent further occupancy until the work is completed;
and

(2) Proceed to cause the work to be done and charge the costs thereof against the property or its
owner.

E. Statements advising that:

(1) Any person having any record or title or legal interest in the building may appeal the Notice and Order or any action of the Building Official to the Commission as set forth in Chapter 19.44 of this Code; and

(2) Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. The Notice shall include a copy of Chapter 19.44 of this Code.

F. A statement that, in accordance with Revenue & Taxation Code Sections 17274 and 24436, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.

G. A determination whether the repairs necessary to abate the violation(s) can reasonably be accomplished without relocation of the tenant household in possession of the unit or room as set forth in Chapter 13.84 Section 13.84.050 of the Berkeley Municipal Code.

The Notice and Order, and any amended or supplemental notice and order,

shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person listed above shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. In addition, the Notice and Order shall be served on tenants.

Service of the Notice and Order shall be made upon all persons entitled thereto either

personally or by mailing a copy of such Notice and Order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last Equalized Assessment Roll of the County or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the Notice and Order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such Notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Service on tenants may be by first class mail.

Proof of Service of the Notice and Order shall be certified to at the time of service by a

written declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official, either as an electronic record or a hard copy. The proof of service may be signed with an electronic signature.

Orders of the Building Official may be appealed as set forth in Chapter 19.44. For purposes of this

Code, orders of the Building Official, or, on appeal, of the Commission or City Council, shall be final as set forth in Chapter 19.44.

1004--Repair, Vacation and Demolition

In ordering the repair, vacation or demolition of any substandard building or structure, the following standards shall be followed:

A. In general, any building or structure or portion thereof declared substandard shall be repaired in
accordance with the current Building Code or other current code applicable to the type of substandard
conditions requiring repair.

B. If the building or structure, or portion thereof, substantially endangers the health or safety of its
occupants or the public, it shall be ordered to be vacated, secured and maintained against entry, and the
Building Official or Commission shall require its expeditious repair.

C. If a building or structure constitutes an imminent and substantial danger to the health or safety of the
public, Chapter 1.24 of the Berkeley Municipal Code shall apply.

D. If an entire building or structure is declared to be substandard the owner may elect to demolish it
instead so long as the right to such election is preserved by state law.

1005--Notice to Vacate

Every Notice to Vacate shall, in addition to being served as provided in Sections 1003.2--1003.5, be

posted at or upon each main exit of the building, and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

Building Official of City of Berkeley

1005.2. Compliance. Whenever such Notice is posted, the Building Official shall include a notification thereof in the Notice and Order issued under Section 1003, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under Permit. No person shall remove or deface any such Notice after it is posted until the required repairs or demolition have been completed and the Building Official has approved occupancy of the building. Any person violating this subsection shall be guilty of a misdemeanor.

1006--Recordation of Notice and Order

If compliance is not obtained with a final Order within the time specified therein, the Building Official shall file in the Office of the County Recorder a Certified Statement describing the property and certifying (i) that the building is a substandard building, and (ii) that the owner has been so notified. The certified statement shall include the information set forth in Subsections 1003.1.B and 1003.1.C. The Proof of Service required by Section 1003.4 shall also be recorded with the Notice and Order. Whenever the corrections ordered are thereafter completed, or the building demolished so that it no longer exists as a substandard building, the Building Official shall file a new Certified Statement with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

1007--Post-Disaster Safety Assessment

After a natural or human-caused disaster event, the Building Official or an authorized representative shall conduct a rapid safety assessment inspection of a damaged or potentially damaged building or portion thereof to evaluate safety and habitability for continued use and to determine the need for restricted or prohibited entry. Upon completion of a safety assessment, the Building Official or an authorized representative shall post the appropriate placard at each entry point to a building following the procedure set forth in Berkeley Municipal Code 19.28.020 Section 116.6. (Ord. 7840-NS § 2, 2022)

After any Order made pursuant to Sections 1003 or 1005 of this Code has become

final, no person to whom any such Order is directed shall fail, neglect, or refuse to obey any such Order.

After any Order made pursuant to Sections 1003 or 1005 of this

Code has become final, and the person to whom it is directed fails, neglects or refuses to obey such Order within the period set forth therein, the Building Official may institute any appropriate action to abate such building or structure as a public nuisance. However, if such building is encumbered by a mortgage or deed of trust, of record, the mortgagee or beneficiary under such deed of trust may, within 15 days after the expiration of the period set forth in the Order, comply with the requirements of the Order, in which event the cost to such mortgagee or beneficiary shall be added to and become a part of the lien secured by said mortgage or deed of trust and shall be payable at the same time and in the same manner as may be prescribed in said mortgage or deed of trust for the payment of any taxes advanced or paid by said mortgagee or beneficiary for and on behalf of said owner.

In addition to any other remedy herein provided, the Building Official may

vacate, repair or demolish the building, take any other appropriate action, or institute any other appropriate proceeding, if any of the following occur:

1. The repair work is not done as scheduled;

2. The owner does not make a timely choice of repair or demolition; or

3. The Building Official determines that the owner has selected an option which cannot be completed within a reasonable period of time for any reason, including, but not limited to, an outstanding Judicial or Administrative Order.

In making the election permitted by this section, the Building Official shall give preference to the repair of the building whenever it is economically feasible to do so, as long as it is not necessary to repair more than 50% of the building, and shall give full consideration to the needs for housing as expressed in the City of Berkeley Housing Element. The cost of any repair or demolition work may be recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto.

1102--Extension of Time to Perform Work

Upon receipt of an application from the person required to conform to the Order and by agreement of such person to comply with the Order if allowed additional time, the Building Official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the Building Official determined that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal the Notice and Order.

1103--Interference with Repair or Demolition Work Prohibited

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this Code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code. (Ord. 7840-NS § 2, 2022)

When any repair or demolition is done pursuant to Section 1101.3 of this Code, the Building

Official shall cause the work to be accomplished by City personnel or by private contract under the direction of the Building Official, subject to the City of Berkeley Charter. Plans and specifications therefore may be prepared by the Building Official, or the Building Official may employ such architectural and engineering assistance on a contract basis as may be deemed reasonably necessary.

The costs of such work shall be paid from the Repair and Demolition Fund, and may be recovered

from the owner as set forth herein.

1202--Repair and Demolition Fund

The City Council may establish a special revolving fund to

be designated as the Repair and Demolition Fund. Subject to the City of Berkeley Charter, payments shall be made out of said Fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of substandard buildings.

The City Council may at any time transfer to the Repair and Demolition Fund, out of

any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections herein after provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the Treasurer of the City, who shall credit the same to the Repair and Demolition Fund. (Ord. 7840-NS § 2, 2022)

The Building Official shall keep an itemized account of the expense

incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 1101.3 of this Code. Upon the completion of the repair or demolition, the Building Official shall prepare a report specifying the work done and the cost thereof. The report shall be verified by the Building Official, and shall show the itemized and total reasonable gross and net expense of the actions taken, including the expense of inspections, repairs or demolition and any other costs incurred, as well as any proceeds from salvage. The report shall also contain a statement advising:

1. That any person having any record or title or legal interest in the building may appeal from the report
and demand of the Building Official to the Commission as set forth in Chapter 19.44 of this Code, and

2. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination
of the matter.

The notice shall include a copy of Chapter 19.44 of this Code.

The Building Official shall post this report and a demand for payment in a

conspicuous location at the property, and shall serve them upon the record owner, and each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located.

Proof of service of the report and demand shall be certified to at the time of service by a

written declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official, either as an electronic record or a hard copy. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Section.

The report and demand may be appealed by any person interested in or affected by the

proposed charge as set forth in Chapter 19.44. For purposes of this Code, the report and demand of the Building Official, or, on appeal, of the Commission or City Council, shall be final and effective as set forth in Chapter 19.44.

1302--Personal Obligation and Special Assessment

Charges confirmed and imposed in a final order by the City shall be a personal obligation of the property owner and an assessment against the property involved under Government Code Section 38773.1. The City may collect these charges in any manner permitted by law, and may elect to change the nature of the assessment as set forth in Section 1.24.140 of the Berkeley Municipal Code.

1303--Repayment of Repair and Demolition Fund

All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale or in any other manner shall be deposited in the Repair and Demolition Fund. (Ord. 7840-NS § 2, 2022)

Administration.

1401--Fees

The City Council may by resolution establish fees for the enforcement and

administration of the Berkeley Housing Code and the Rental Housing Safety Program.

Unpaid

housing inspection program fees established pursuant to this section, including annual flat fees, inspection service fees, late payment fees, administration lien fees, and administrative citations, which are more than 30 days delinquent shall constitute a debt that is collectible in any manner allowed by law, including, but not limited to: (1) the filing of a civil action in the Alameda County superior court; and/or (2) the recordation of a lien with the Alameda County recorder’s office provided the responsible person has a legal interest in the property on which the violation was located; and/or (3) by means of a special assessment with Alameda County for inclusion on property taxes provided the responsible person has a legal interest in the property on which the violation was located; and/or (4) by denying the issuance or renewal of any city approval, license, entitlement, or permit to any responsible person who has failed to pay fees that are imposed pursuant to this section. The remedies may be concurrently used to collect unpaid fees. Such delinquent fees or citations shall be a lien or special assessment on the property.

1401.3--Appeals.

A. Any person aggrieved by any decision of an administrative officer or agency with respect to the amount of fees charged under the Rental Housing Safety Program, may appeal to the City Manager by filing a notice of appeal with the City Manager within 14 days of the billing notice, setting forth in full the grounds of the appeal.

B. Said appeal shall be scheduled for hearing by the City Manager or his/her designee, and the appellant shall be given no less than 14 days’ notice of the time and place of said hearing.

C. The appellant may appear at the time and place fixed in the notice and present his/her appeal. If the appellant fails to appear in compliance with the notice or to obtain a continuance, the appellant shall be deemed to have waived any and all grounds of appeal that could have been asserted against the City.

D. Within 30 days after the conclusion of the hearing, the City Manager or his/her designee shall notify the appellant in writing of the decision, which shall be final. If the decision establishes an amount due and payable, the total amount shall be due and payable as of the date the original fee was due and payable, together with any penalties that may be due.

1401.4--Lien or Special Assessment Procedures.

Unless a different procedure is authorized elsewhere in this code, where the code authorizes the city to record a lien or impose a special assessment for any unpaid fee, citation, fine, cost, charge, or other monies, the following procedures shall apply:

1. Notification Procedure

A lien may be recorded or a special assessment may be imposed upon real property subject to the Rental Housing Safety Program if the unpaid fees or citations are not paid within 30 calendar days of written Notice thereof.

A. Such Notice must have advised the owner(s) of the subject property in plain language of the city’s intent
to record a lien or impose a special assessment if the fee, citation, fine or other monies were not paid within
30 calendar days, the amount of the proposed lien, a description of the basis for the amount(s) comprising
the lien, and notice that if the owner contests the costs, they have ten calendar days from the date of service
of the notice to file objections to the costs and request a hearing on the reasonableness of the costs. The
failure of the owner to request a hearing within ten calendar days of the date of service of the Notice shall
constitute a waiver of the owner’s right to a hearing.

B. Service of Notice under this section shall be by first class and certified mail to the address of record of
the owner of the property per Alameda County’s Assessor’s Office.

C. Where the City Council designates another hearing body should the property owner(s) exercise their
right to be heard, the hearing body shall make a written recommendation to the City Council that shall
include factual findings based on evidence introduced at the hearing. The City Council may adopt the
recommendation without further notice of hearing, or may set the matter for a de novo hearing before the
City Council.

2. Liens

   A. The lien shall be recorded in the Alameda County recorder’s office and from the date of recording shall have the force, effect, and priority of a judgment lien.

   B. A lien authorized by this section shall specify the amount of the lien for the city, the name of the city department or division on whose behalf the lien is imposed, the date upon which the lien was created, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

   C. In the event that the lien is discharged, released, or satisfied, notice of the discharge shall be recorded by the city.

D. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien.

3. Special Assessments

   A. It shall be the duty of the City Manager (or designee thereof) to submit the charges to the Alameda County Auditor--Controller Agency to add the amounts of the assessment, or assessments, to the next regular property tax bills.

   B. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment.

   C. The amount of a special assessment shall also constitute a personal obligation of the property owner.

Any person violating any provision or failing to comply with any of the requirements of

the Berkeley Housing Code shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 7840-NS § 2, 2022)