Berkeley Municipal Code Ch. 11.12 Organization and Enforcement

The chief of environmental health shall enforce the provisions of this title. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 1, 1976)

This title shall not be construed as imposing upon the City any liability or responsibility for damages resulting from any defective construction or equipment or the installation thereof; nor shall the City nor any official or employee thereof be held as assuming any liability or responsibility by reason of the inspection authorized by this title, or any permit issued pursuant to this title. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 2, 1976)

All applications for permits or licenses required by this title shall be upon forms furnished by the chief of environmental health. Every application shall provide for the owner’s or operator’s name and address, the designated place, purpose, object or vehicle to which the permit shall apply, and such additional information as the chief of environmental health may consider necessary to determine compliance with this title and other applicable laws. The application shall be accompanied by such plans, or specifications as may be required by this title. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 3, 1976)

Upon receipt of a completed application for a permit or a license, the chief of environmental health shall make the necessary review, investigation or inspection of the application, applicant, plans, specifications, existing or proposed place, operation, object or vehicle to determine whether the same will meet the requirements of this title and other applicable ordinances, statutes and regulations. Upon receipt by the chief of environmental health, copies of the completed application may be referred to such other governmental agencies as may be necessary, at the discretion of the chief of environmental health, to determine whether there will be compliance with other applicable laws. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 4, 1976)

If the chief of environmental health finds that the applicant, place, operation, purpose, object or vehicle will in fact comply with the requirements of this title and other applicable laws, and the place, operation, object or vehicle will be conducted in such a manner as to accomplish the objectives and purposes of all applicable laws, they shall issue a permit subject to such reasonable conditions and limitations as are required under the circumstances of the particular application. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 5, 1976)

Any permit or license issued to a particular person or for a designated place, operation, purpose, object or vehicle shall not be valid for use by any person, place, operation, purpose, object or vehicle other than that designated in such permit or license. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 6, 1976)

A. The issuance or granting of a permit or the approval of plans and specifications by the chief of environmental health shall not be construed to be a permit or license for, or an approval of, any violation of any of the provisions of this title or other applicable laws, nor to relieve the applicant from any liability for any other permit, license or approval required by other applicable laws.

B. The approval of plans and specifications shall not prevent the chief of environmental health from thereafter requiring the correction of errors in such plans and specifications, or from preventing installation and construction operations being carried out thereunder when in violation of this title and/or other applicable laws. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 7, 1976)

Every permit issued under this title shall expire on December 31st of the year for which it was issued, or as otherwise provided in this title, unless sooner suspended or revoked by the chief of environmental health. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 2 § 8, 1976)

Whenever the work authorized by any approval of submitted plans and specifications is not commenced within ninety days from the date of such approval or date of issuance of any required building permit, or whenever the work authorized by such approval is suspended for a period of more than ninety days, such approval shall expire by limitation. Before the work authorized by such prior approval shall be recommended or continued, a new approval shall be obtained as provided in this code. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 9, 1976)

All installation, alteration, construction or reconstruction shall be in accordance with the approved plans and specifications, and shall not be changed, modified or altered without written approval of the chief of environmental health. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 10, 1976)

No business license or other permit shall be issued to any person desiring to engage in an operation, enterprise or activity regulated by this title and for which a permit or license is required in this title unless such person shall present a valid copy of such permit signed by the chief of environmental health. No building or other construction permit shall be issued to any person covering any work related to this Chapter 11.12 for which prior approval by the chief of environmental health of plans and specifications is required herein unless such approval has been granted. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 11, 1976)

The permittee shall display in a conspicuous location on the place, premises, operation, object or vehicle the permit or license issued therefor. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 12, 1976)

Any permit or license granted under this title may be revoked or suspended by the chief of environmental health after written notice and hearing as provided for in this code for failure to comply with the requirements of this chapter, other applicable statutes, ordinances or regulations, or with the conditions of such permit or license. (Ord. 4883-NS § 1 Exhibit A, Ch. 1 Art. 3 § 13, 1976)