Berkeley Municipal Code Ch. 11.36 Health and Safety Hazards

*See Chapter 1.24 for abatement of nuisance by City.

It is the purpose of this chapter to protect the citizens of Berkeley from hazardous conditions that constitute a threat to public health and public safety. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 1, 1976)

For the purposes of this chapter, the existence of any one of the following conditions is declared to constitute a health and safety hazard:

A. The maintenance of any barn, stable, chicken yard or manure pile in such manner that the same is a breeding place for flies or liable to become such;

B. The maintaining of a privy on any lot or premises abutting on a street in which a sewer is laid unless said privy is connected with the sewer;

C. The maintaining of any pool of water in such manner that the same is a breeding place for mosquitoes or liable to become such;

D. The maintaining or carrying on of bone boiling, fat rendering, soap making, manufacture of chemicals or any other trade or manufacture, in such a manner as to be a menace to the public health through improper or inadequate disposal of dust, wastes and fumes;

E. The keeping of any building, or any part of a building, which on account of its dilapidated condition or of its occupancy by any person or persons afflicted with communicable diseases, or by filthy tenants, may endanger the life or health of residents therein or in the vicinity thereof;

F. The maintenance, conduct or carrying on or assisting in the maintenance, conduct or carrying on of any business, yard, establishment or place in such a manner that dust in large and unusual quantities is accumulated or caused, without sprinkling with oil or water said yard, establishment or place with sufficient frequency and to sufficient extent to lay and settle such dust and prevent the same from spreading or being blown on the public right-of-way or the premises of other persons;

G. The maintenance of any attractive condition which may prove detrimental to children, whether in a building, on the premises of a building or upon unoccupied land. This includes, but is not limited to, any abandoned wells, abandoned ice boxes or refrigerators, shafts, basements or excavations; any abandoned or inoperative vehicles; any structurally unsound fences or structures, or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive children;

H. The maintenance, ownership, or control over any sidewalk, gutter, curb, or driveway in a state of deterioration, disrepair or damage caused by tree roots, traffic, erosion, exposure to the elements, age, or any other cause whatsoever. To remedy any defective sidewalk, gutter, curb, or driveway, the Assistant City Manager for Public Works, or their designee, shall have the authority to instigate and process abatement procedures pursuant to Berkeley Municipal Code Section 11.40.010 et seq. (as amended from time to time) as if they were chief of environmental health. (Ord. 5857-NS § 1, 1988; Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 2, 1976)

For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 3, 1976)

For the purposes of this chapter, the existence of the following condition is declared to constitute a noise hazard:

The persistent maintenance or emission of any noise or sound produced by human, animal or mechanical means between the hours of nine p.m. and seven a.m., or by any animal at any time which, by reason of its obnoxious, excessive, unnecessary or unreasonable nature, shall disturb the peace or comfort, or be injurious to the health of any person or persons; provided, however, any private person proposing to engage in any construction project using machine-powered equipment shall apply to the Director of Public Works for a permit therefor. In issuing the permit, the Director may impose such conditions as may be reasonable to avoid obnoxious noise emissions and otherwise reduce obnoxious noise levels. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 4, 1976)

Each health and safety hazard and noise hazard as defined in this chapter is declared to be a public nuisance and may be abated as provided in Sections 11.40.040 through 11.40.120 of this code. Each imminent health hazard as defined in this chapter is declared to be a public nuisance and may be abated as provided in Sections 11.40.130 through 11.40.160 of this code. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 5, 1976)

In addition to any other remedy set forth in this title, the maintenance of any nuisance described in Section 11.36.040 may be abated as set forth in Sections 11.36.070 through 11.36.100 of this chapter. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 6, 1976)

A. Whenever it comes to the attention of the District Attorney that any nuisance, as defined in Section 11.36.040, exists in the City, a notice in writing shall be served upon the occupant of the premises where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or their agent, notifying them of the existence of the nuisance and specifying the measures necessary to abate such nuisance and requiring the abatement of such nuisance.

B. The notice of the abatement of such nuisance shall be issued by the District Attorney and must be served upon the occupant of such premises personally, or if there be no such occupant, then the notice must be sent to the owner or agent of the owner of such premises through the United States mail, postage prepaid and addressed to the post office address of such owner or agent. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 7, 1976)

In case such occupant, owner or agent neglects or refuses to comply with the terms of said notice, or in case the Police Department, after having used due diligence is unable to locate any occupant, owner or agent upon whom to serve said notice, then and in either case, the Police Department shall have the power and it shall be their duty to abate the nuisance, and to this end shall have the power to condemn, confiscate or destroy any property constituting a nuisance if said nuisance cannot be abated without destruction of said property. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 8, 1976)

If the nuisance is being caused by a fowl or an animal, the Police Department shall have the power and it shall be their duty to cause the said fowl or animal to be impounded in the City pound. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 9, 1976)

Any fowl or animal so impounded shall be subject to all the rules and regulations governing the impounding and disposition of fowl or animals, as provided by the City. (Ord. 4883-NS § 1 Exhibit A, Ch. 8 § 10, 1976)