Berkeley Municipal Code Ch. 11.04 General Provisions

This title may be cited as the "Berkeley Environmental Health Code." (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 1, 1976)

It is the intent of this title to provide regulations and standards for certain operations, enterprises or activities which, if not regulated, may adversely affect the public health. It is further the intent to provide regulations and standards that equal or exceed all applicable state laws. It is declared that in an instance where the provisions of this title do not encompass all of the statutes or state regulations, that such statutes and regulations are included and required for conformance as a part of this title. These regulations and standards are established to provide a healthful community living and working environment; to reduce conditions favorable to the harboring and breeding of insects, rodents and other vermin; to reduce the pollution of the air; to prevent the spread of disease and related human discomfort; to reduce the hazards of fire; and to prevent unsightliness which may result in the depreciation of property values and interfere with the comfortable enjoyment of life. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 2, 1976)

Unless otherwise specifically provided in this title, nothing contained in this title shall be construed to require any construction or work regulated by this title to be altered, changed, reconstructed, removed or demolished if such construction or work was installed prior to April 8, 1976, the effective date of the ordinance set forth in this title, and in accordance with any laws or regulations in effect at the time of its installation, except when any such construction or work regulated by this title is imminently hazardous, unsafe, insanitary or a menace to life, health or property in the judgment of the chief of environmental health. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 3, 1976)

No action or proceeding commenced before April 8, 1976, the effective date of this title, and no right accrued is affected by the provisions of this title, but all procedure thereafter taken therein shall conform to the provisions of this title. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 4, 1976)

No rights given by any permit under any ordinance repealed by this title are affected by the enactment of this title or by such repeal, but such rights shall, after April 8, 1976, be exercised according to this title. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 5, 1976)

Any person who is engaged in the operation of any establishment, business, operation or activity regulated by this title (as of April 8, 1976) shall apply for such permit, license and/or registration as required within ninety days following the April 8, 1976, effective date of the ordinance codified in this title, unless another time is expressed herein. Thereafter it shall be unlawful for any person to continue to engage in such operation or activity without such permit, license and/or registration. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 6, 1976)

The provisions of this title, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuation thereof and not as new enactments. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 7, 1976)

Whenever reference is made to any portion of this title or of any other law of the state, the reference applies to all amendments and additions now or hereafter made. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 8, 1976)

This title governs and controls activities specified herein which are established, maintained, operated, conducted, constructed or reconstructed by any public or quasi-public corporation or body; however, neither the state, nor any county, city district or other political subdivision nor any public officer or body acting in an official capacity on behalf thereof shall pay or deposit any fee for the filing of any document or paper or for the performance of any official service. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 9, 1976)

Whenever, by this title, an authority is granted to or a duty is imposed upon the health officer, the authority may be exercised or the duty performed by the chief of environmental health, or by their designee. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 10, 1976)

A. The chief of environmental health may approve the use of any material design, installation, device, arrangement or operation other than prescribed by this title if they find that the proposed material, appliance, design, installation, device, arrangement or operation is equivalent to that prescribed in quality, strength, effectiveness, durability and safety for the protection of life and health.

B. The chief of environmental health may require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding the use of such equivalent.

C. Whenever there is any evidence that material, appliance, installation, device or arrangement does not conform to the provisions of this title, or in order to substantiate claims for an equivalent, the chief of environmental health may require tests by an approved agency as proof of compliance to be made at the expense of the owner, operator, manufacturer, contractor or agent. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 11, 1976)

This title is divided into chapters, articles and sections. Chapter, article and section headings do not govern, limit, modify or in any way affect the scope, meaning or intent of the provisions of any chapter, article, or section. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 12, 1976)

Whenever any notice, report, statement or record is required by this title, it shall be made in the English language. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 13, 1976)

If any provision of this title, or the application thereof to any person or circumstance is held invalid, the remainder of the title, or the application of such provisions to other persons or circumstances, shall not be affected thereby. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 14, 1976)

Except as otherwise provided any person who violates any of the provisions of this title is guilty of a misdemeanor except for Chapters 11.16 and 11.32 which shall be punished as infractions as set forth in Chapter 1.20 of this code. (Ord. 5716-NS § 3 (part), 1986; Ord. 5591-NS § 2 (part), 1984; Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 1 § 15, 1976)