Berkeley Municipal Code Ch. 2.50 Health, Housing and Community Services Department

A Health, Housing and Community Services Department is created which shall be under the direction of the Director of Health, Housing and Community Services. (Ord. 7227-NS § 1 (part), 2012)

The Health, Housing and Community Services Department shall include:

A. The Office of the Director;

B. The Administrative Services Division;

C. The Aging Services Division;

D. The Community Services Division;

E. The Environmental Health Division;

F. The Housing Services Division;

G. The Mental Health Division;

H. The Public Health Division;

I. Such other divisions as the operation of the department may require. (Ord. 7227-NS § 1 (part), 2012)

The Director of Health, Housing and Community Services shall be responsible for the supervision and control of all divisions of the department and for the performance of the functions herein assigned to the department. (Ord. 7227-NS § 1 (part), 2012)

A. The Director of Health, Housing and Community Services, subject to the approval of the City Manager, shall have authority to adopt rules and regulations for the prevention of disease and the promotion of health in the City.

B. The City of Berkeley Public Health Officer shall have authority to adopt rules, regulations, and orders pursuant to the authority granted under Health and Safety Code Sections 120175 through 120250.

1. The Health Officer and their designees shall have authority to enforce all such rules, regulations, and orders. Violation of any order issued by the Health Officer shall be subject to administrative citation under Chapter 1.28.

2. The City Manager may, upon request of any person receiving a citation under this Paragraph, waive the requirement to pay an administrative penalty upon a demonstration that payment of the penalty would result in undue financial burden or hardship. The person requesting a waiver of the administrative penalty must demonstrate that the condition leading to the violation of the Health Officer order has been corrected.

3. When enforcing a Health Officer order related to controlling the transmission of SARS-CoV-2 (“COVID-19”), it shall be the policy of the City of Berkeley to prioritize enforcement of violations occurring indoors or at outdoor gatherings of twelve of more people, and to further prioritize the use of written warnings and progressive fines associated with citations to achieve compliance with the order, to the greatest extent practicable. (Ord. 7732-NS § 1, 2020; Ord. 7227-NS § 1 (part), 2012)

The functions of the Health, Housing and Community Services Department shall include:

A. Provision of nursing assistance to programs, clinics, schools, and individuals;

B. Provisions of health and mental health services in cooperation with community health organizations and programs;

C. Maintenance of vital statistics;

D. The administration and enforcement of laws, ordinances and regulations pertaining to structural or occupancy standards or conditions of premises in relation to public health;

E. The enforcement of all other laws, ordinances and regulations relating to or governing health matters in the City;

F. Provision of staff support to appropriate boards and commissions;

G. Developing, preserving and supporting affordable housing;

H. Expanding housing opportunities for Berkeley residents;

I. Promoting energy conservation;

J. Administering Berkeley Paratransit services;

K. Providing adult and youth employment services;

L. Providing aging services to the community; and

M. The performance of such other functions as may be assigned by the City Manager or prescribed by ordinances of the Council or by applicable state laws. (Ord. 7227-NS § 1 (part), 2012)

In the case of absence or disability of the Director of Health, Housing and Community Services, the City Manager shall designate a member of the department to exercise the powers of the Director of Health, Housing and Community Services. (Ord. 7227-NS § 1 (part), 2012)