[CC 1961 §24.13; Ord. No. 2280 §7, 8-7-1978]
Whenever there are any new buildings, whether industrial, commercial, public assemblage, or multi-family residential, constructed or altered as defined in the Building Code on any property, the owner of the land, or builder, shall construct sidewalks in conformance with the requirements herein. The sidewalks shall be constructed along the entire property abutting any street. Where a sidewalk exits on property contiguous to a single-family residence being constructed or altered, then said walks shall be constructed in front of said building constructed or altered. In the event that the contiguous property contains curbs and/or gutters, then similar curbs and/or gutters shall also be constructed. No occupancy permit shall be issued for the building being constructed or altered until the sidewalks have been constructed and approved by the City. In lieu of construction, a cash bond or acceptable surety, approved by the Council, may be posted in escrow with the City for future construction of the said sidewalks. All the provisions of this Section may be waived by the Department of Public Works. Such waiver, however, shall be approved by the City Manager and retained with the original building permit. This Section shall not apply to any subdivision of residential property.
[CC 1961 §24.16; Ord. No. 1364 §1, 8-20-1962]
All excavations which exceed three (3) feet in depth and width wherever located within the City shall be fenced and barricaded so as to prevent danger to members of the public, and such protective barriers shall be maintained until the excavation is filled. One (1) hour after sunset there shall be placed and maintained about the excavation and kept lighted until sunrise, adequate lights. Such excavations shall be kept clear and drained of all water.
[CC 1961 §24.17; Ord. No. 1421, 5-20-1963; Ord. No. 3326 §1, 4-17-1995]
It shall be unlawful to erect, construct, string, or build on any property any barbed wire, razor wire, or barbed wire fence, with the exception of "M-1" and "M-2" Zoning Districts. In "M-1" and "M-2" Zoning Districts barbed wire over six (6) feet in height from the ground surface is lawful as long as this installation is not adjacent to an arterial or collector street. Variances to this rule may be permitted by a vote of more than three-fifths (3/5) of the Council present at any scheduled Council meeting.
[CC 1961 §24.22; Ord. No. 2229 §1, 10-3-1977; Ord. No. 3403 §1, 3-3-1997; Ord. No. 3563 §§1 — 6, 5-6-2002]
It shall be unlawful for any person or family to occupy or for any owner, manager or agent thereof to permit the occupation of any residential rental unit to include multiple-family dwellings, apartments units, duplexes or single-family rental units, or addition thereto or part thereof for any purpose until a rent/lease permit has been issued by the Building Commissioner. The rent/lease permit shall not be issued until all violations of this Chapter or Codes adopted by this Chapter have been brought into compliance. The rent/lease permit so issued shall state that the premises and the occupancy thereof complies with all the provisions of this Section.
Applicability. This Section shall not apply to any occupancy in existence at the time of this Section (October 3, 1977), until a change of occupancy occurs.
Fee. No fee shall be charged for the issuance of the rent/lease permit nor for the initial unit inspection required prior to its issuance. A fee of twenty-five dollars ($25.00) will be charged for the second (2nd) inspection and each additional reinspection thereafter. In addition thereto, the owner or manager shall be charged the inspection fee required if plumbing, electrical or other inspectors are required and called for as a result of the initial dwelling unit inspection.
[Ord. No. 4374 § 2, 4-17-2017]
Content of rent/lease permit. The rent/lease permit shall state the names, ages, relationships and number of people to occupy the residential rental unit. It shall be unlawful for any person to knowingly make any false statement in his/her application for a rent/lease permit as to the names, ages, relationships or number of occupants living in any dwelling unit. No more than one (1) family as defined in the zoning ordinance shall occupy each individual dwelling unit. All persons who occupy the premises of a residential rental unit must be listed on the rent/lease permit or be subject to the penalties provided in this Section.
Responsibilities of owner, agent or manager. All owners, agents or managers of residential rental units who are responsible for renting or leasing the dwelling units shall report each dwelling unit which is to change occupancy as defined in this Section to the Public Works Department so that the Building Commissioner may have the unit inspected according to the provisions of this Section. The unit to be rented or leased shall comply with all Sections of this Chapter and the owner, agent or manager responsible for the rent or lease of this unit shall have a valid compliance letter in his/her possession which has been dated within the preceding ninety (90) days prior to the issuance of a rent/lease permit. Failure to register or make such a report shall constitute a violation of this Section and the person and/or firm responsible for the failure shall be subject to the penalties of this Section.
[Ord. No. 4372 §§ 1 — 4, 4-3-2017]
Responsibility of tenants. Each tenant or lessee prior to occupying a residential rental unit shall appear in person to the inspections office and shall complete the application for a rent/lease permit for the unit to be so occupied to be valid until said tenant vacates the unit or building. The tenant shall provide to the Building Commissioner all of the information required herein. Falsification of any of the information provided on the rent/lease application shall constitute a violation of this Section and any person responsible for the falsification of information shall be subject to the penalties of this Section. Further, no tenant shall damage or cause to be damaged any unit or building leased nor shall any damage be caused to the general premises of any building used by the tenants. Each tenant and the families of each tenant shall maintain his/her rental unit free of any litter and tenants shall not litter any of the premises or buildings provided for use by tenants.
Appeal on a permit denied. Any person whose application for a permit to rent or to lease a residential rental unit has been denied or any person who is unable to comply with any provision of this Chapter shall be granted an appeal to the Building Board of Appeals. Such notice of appeal shall be filed within ten (10) days from the date of requirement to comply. The Building Board of Appeals may grant a variance from the requirements of this Chapter only when the owner or manager of a residential rental unit can prove that compliance with the requirements of this Chapter will place an extreme hardship on the owner or manager's ability to continue in business or where physical conditions make compliance impossible.
Surrounding grounds. The grounds surrounding rental or lease dwellings shall be free of litter and rubbish and shall not be used for external storage of any kind, except with approved storage buildings. Hard surfaced parking space shall be constructed and provided the tenants in compliance with the Municipal Code and all such parking spaces and access thereto shall be maintained free of any erosion or holes and shall be kept reasonably free and clear of snow and ice to insure access thereto. All parking spaces shall be constructed and located so that free access to the building can be had by emergency vehicles. All access drives to and from the dwellings, including sidewalks, shall be hard surfaced in compliance with the City of Berkeley Municipal Code. All grounds shall be constantly kept free of erosion and washes. No vehicle may be parked in any location on the grounds other than in prescribed and designated parking areas. Dead trees and undergrowth shall be removed by the owner.
Safety. No rent or lease permit shall be issued by the Building Commissioner when the dwelling and grounds to be rented or leased are unsafe or unfit for human habitation. No metal bars, mesh or other material shall be used to rigidly cover any window or opening making it impossible for a person of normal strength to break through the opening except as permitted by the Building Code. Where metal sash windows are used, the window must be constructed so that it can be easily opened from the inside in order to allow a person of normal build to escape in an emergency. Common hallways and stairwells of multi-family dwellings must be kept free of obstructions and litter that would act to hinder or endanger free access. All stairways shall be equipped with at least one (1) handrail.
Revocation of permit. A rent/lease permit may be revoked at any time during the occupancy of the rental unit for which a rent/lease permit has been issued should the Building Commissioner upon reinspection determine that the unit no longer complies with the provisions of this Chapter. Prior to revoking a rent/lease permit, the Building Commissioner shall provide the owner, agent or manager and the tenant with a written report stating the defects noted during the inspection and providing a reasonable time for the correction of said defects except when the condition of the unit poses an immediate threat to the health and welfare of the occupants, in which case the Building Commissioner shall issue a notice of revocation to the owner, agent or manager and the tenant immediately and shall cause the unit to be vacated without delay.
Change of electric user. For any month when there is a change of user of residential (rate 001) or non-residential (rate 043) electric service within the City, Ameren UE Company shall notify the Director of Public Works of the City in writing within seven (7) working days after the end of the month of said changes, indicating the address and apartment or unit number, and the name(s) of electric user(s) per service and address and apartment or unit number in whose name service is connected or billed.
No person shall permit occupancy of or offer for rent, lease or occupancy any residential property to any person(s) who are not the owners of record within the City without a landlord license issued by the City and pursuant to this Section.
Application for a license under this Section shall be made to the Director of Finance and shall set forth the name, street address and telephone number of the owner of record and shall list by street address each and every parcel of residential property owned by that owner that is located in the City of Berkeley. If the owner of said residential rental property wishes to designate an agent to be responsible for said property and to accept notices and process, then the owner of record shall designate said agent in the application together with the agent's name, street address and telephone number and the extent of the agent's authority to rent, manage, and make expenditures for said property.
The annual fee for the license required by this Section shall be as set out in Appendix A.
Unless and until all fees due hereunder, including any delinquency penalties, are paid in full, no occupancy permit shall be issued for the occupancy of any residential property.
In the event any subscriber, owner or occupant is more than ninety (90) days delinquent in the payment of any charges pursuant to this Section or if there is a delinquency in any taxes, license fees or other amounts due the City which shall include, but not be limited to, assessments for nuisance abatement, weed cutting and boarding up of properties which are incurred after the effective date of this Section, then any residential properties which are incurred after the effective date of this Section, then any residential rental license issued pursuant to this Section shall be revoked. Notice of impending revocation shall be given to the subscriber, owner or occupant by first class mail addressed to the dwelling unit and to the address designated pursuant to this Section. The notice shall include the date of revocation, the date set for appeal and a form for an appeal. The subscriber, owner or occupant shall have ten (10) days from the postmark date of the notice to appeal.
The recipient of a revocation notice under this Section shall have the right to appeal such notice, within ten (10) days from the postmark date of such notice, to the Public Works Director. Such notice of appeal shall be filed with the City Clerk on the form provided. The Public Works Director shall have the authority to hear and decide any such appeal. The Public Works Director has the authority to sustain or modify the determination of revocation. All such appeals shall be heard and decided within thirty (30) days of the date of filing of the appeal.
Revocation of the residential rental real estate license shall become effective upon an adverse determination by the Public Works Director or upon the expiration of the time for appeal. The Public Works Director shall notify the City Manager and Finance Director when a residential rental estate license has been revoked.
It shall be unlawful for the owner or subscriber to continue to lease or accept rental payments for premises when a residential rental real estate license has been revoked.
It shall be unlawful for any occupant to continue to inhabit or pay rent for premises for which a residential rental real estate license has been revoked.
[Ord. No. 4374 § 3, 4-17-2017]
Application for a license required by this Section shall be filed annually in the office of the Finance Department by the earlier of:
January 31 of each calendar year for all residential rental property owned on January 1 of that year; or
For residential rental property, prior to permitting any occupancy of or any offering thereof for rent/lease by the owner to the Director of Finance, shall set forth the name, street address, telephone number and a copy of identification of the owner of record of such residential property, signed thereby and shall list by street address each and every parcel of residential rental property owned by that owner that is located in the City of Berkeley. If the owner of said residential rental property wishes to designate an agent to be responsible for said property and to accept notices and process, then the owner of record shall designate said agent in the application together with the agent's name, street address and telephone number and the extent of the agent's authority to rent, manage and make expenditures of said property. The owner, property manager or authorized representative must reside within fifty (50) miles of the City of Berkeley. A post office box, e-mail address, mailing address, or long-distance, toll-free (e.g., "800") numbers shall not be deemed sufficient to meet the provisions of this Article.
In the event of any change of circumstances subsequent to the filing of an application that would result in a change in the information required by the application, the owner shall promptly file an amendment of such application on forms as specified by the Director of Finance.
Occupancy Prohibited. Unless and until the annual application is filed by the owner, together with all necessary accompanying documents, and all fees due hereunder are paid in full and all outstanding fines imposed by the Berkeley Municipal Court for any housing or Building Code violations by such owner are paid in full, no residential rental license shall be issued to such owner nor shall any new occupancy permit be issued for the occupancy of any parcel of residential rental property of such owner. Failure to obtain and maintain a valid residential rental license shall constitute grounds for the revocation or cancellation of all outstanding occupancy permits issued for any parcels of residential rental property of such owner associated with said rental license.
[Ord. No. 4374 § 4, 4-17-2017]
Editor's Note: This Section was amended to match the language found in Ord. No. 4189 per the City and to point to Appendix A for the related fee.
Definitions. As used in this Section, the following terms shall have the meanings indicated:
[Ord. No. 4374 § 1, 4-17-2017]
- A structure, or portion thereof, which is wholly or partly designed for or used for human habitation.
- DWELLING UNIT
- Two (2) or more rooms or part thereof in a structure usable for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
- DWELLING, DUPLEX
- A detached building designed for or occupied by two (2) families living independently of each other.
- DWELLING, MULTIPLE
- A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartments, apartment hotels and group houses.
- DWELLING, ONE-FAMILY
- A detached building designed for or occupied exclusively by one (1) family.
- The owner of record of residential rental property, whether an individual(s), trust, partnership or corporation.
- PUBLIC NUISANCE
- Includes, but not limited to, lewd and lascivious behavior, loud music and/or noises (Section 215.010), failure to maintain property (215.060, Ch. 510), graffiti (Section 210.1290), garbage/rubbish/litter [Sections 235.015, 210.525, 215.010(D)(10)], tall weeds and grass [Section 215.010(D)(7)], property having physical conditions that threaten a person's health/safety/welfare (Section 505.020), having a dangerous building and/or conditions that threaten the physical health of a person (Sections 505.020), rodent and insect infestation (Chapter 545), having derelict vehicles and/or equipment (Section 215.050), grass clippings (Section 210.535), outside cooking (Section 210.2250), recreational activity in street (Section 210.2280), stagnant water [Section 215.010(D)(3)], leaves, brush must be bagged [Section 215.010(D)(15)], and moving at night (Section 210.760).
[Ord. No. 3529 §§1 — 3, 8-20-2001]
All rental real property within the City limits of the City of Berkeley shall be inspected for housing code violation annually when the owner of said property is not listed on the occupancy permit.
The annual inspections shall be conducted by the City of Berkeley and should begin no later than September first (1st) of each year.
The City Manager shall maintain a file/book of the inspections conducted. The file/book shall include the address of the property inspected, when and by whom it was inspected, and list the violations cited (if any). This file/book shall be available for public review.
[CC 1961 §24.29; Ord. No. 2288 §§1 — 2, 8-21-1978; Ord. No. 2693 §1, 11-19-1984; Ord. No. 3291 §1, 7-18-1994; Ord. No. 3381 §1, 5-6-1996]
Within a reasonable amount of time but not later than sixty (60) days after an application for a building permit has been filed, the Director of Public Works shall examine the same and shall determine whether the proposed structure will conform to proper architectural standards in appearance and design will be in general conformity with the style and design of surrounding structures, and will be conducive to the proper architectural development of the City.
If in the opinion of the Director of Public Works, the structure as developed will not conform, he/she shall consult the City Manager in regards to the same. If the City Manager and the Director of Public Works together still believe that the structure will not conform, the application shall be submitted to the City Plan Commission for their consideration. Notice of the time and place of the meeting shall be given to the applicant whose building is in question. At the meeting the Commission shall examine the plans, elevations, detail drawing and specifications, hear the applicant in reference thereto, and examine any other evidence that may be pertinent.
The Commission shall have two (2) weeks to act on such application. If, in its option, the proposed structure will conform to proper architectural standards of appearance and design, will be in general conformity with the style and design of surrounding structures, and will be conducive to proper architectural development of the City, the Commission shall approve the application. The Commission shall disapprove the application if it determines that the proposed structure will constitute an unsightly, grotesque, or unsuitable structure in appearance, detrimental to the welfare of surrounding property or residents. The Commission may make recommendations in regard to such application.
If the City Plan Commission shall return the application to the Director of Public Works with disapproval and recommendations, the Director of Public Works, with the approval of the City Manager, may issue the permit, provided that the applicant shall make appropriate changes in the drawings and specifications and agree to comply with the recommendations of the Commission. If the Commission shall return the application to the Director of Public Works with its disapproval and without recommendations, or with its disapproval with recommendations and the applicant shall refuse to comply with such recommendations, the Director of Public Works shall refuse to issue the permit.
Appeal To Council. In the event any application is refused by the Director of Public Works, the applicant may appeal to the Council to review the decision of the City Plan Commission. An appeal may be taken by an applicant by filing with the City Clerk a letter asking for a public hearing before the Council and a copy of the report of the Board. A fee of fifty dollars ($50.00) shall be paid to the City Clerk at the time the notice of appeal is filed, which the City Clerk shall immediately pay over to the Director of Finance to the credit of the General Revenue Fund of the City.
Hearing By Council. Upon an appeal being taken, the City Clerk shall publish once a week for two (2) consecutive weeks, in a newspaper of general circulation in the City, notice of the hearing, together with a copy of the report of the City Plan Commission, and shall cause all property owners within a two hundred fifty (250) foot radius of the proposed building to be aware of the hearing. The hearing shall be before a regular or special meeting of the Council held not more than sixty (60) nor less than thirty (30) days after the date of the taking of the appeal. The Council, at such hearing, shall hear such interested parties as may desire to be heard and after such hearing shall approve or disapprove the application or shall approve the same subject to recommendations or conditions. If the Council approves the application, or approves the same subject to conditions, and the applicant complies with the conditions, the permit shall be issued forthwith; otherwise, no permit shall be issued. The action of the Council in regard to the application, together with the report of the City Plan Commission, shall be spread on the minutes of the Council.
Architectural Review For Fences.
Within ten (10) working days after a request or application for the erection of a fence in commercial and industrial zoning Districts "C-1", "C-3", or "M-1", or for a fence greater in height than six (6) feet in Residential Districts "R-1", "R-2", "R-3", or "R-4", the Director of Public Works shall confer with the City Manager and the Councilperson designated by the Council to determine whether the proposed fence will conform to proper standards and practices in appearance, design, height, and that the material will be in general conformity with the prevailing and existing conditions of the surrounding area and will be conducive to the good development of the City. The fence material will be open chain link. "Privacy-type" fence around two (2) sides of a swimming pool and "privacy-type" fence on two (2) sides of a patio will be permitted. In a district where there is a subdivision covenant, it must be approved by the subdivision committee.
If, in the opinion of either the Director of Public Works, the City Manager, or the Councilmanic representative, the fences as proposed will not conform to the appropriate standards as outlined in Section 500.180(G)(1), the application shall be submitted to the City Plan Commission for their consideration. Notice of the time and place of the meeting shall be given to the applicant whose fence is in question. The requirements of Section 500.180 (C), (D), (E), and (F), shall be followed as outlined therein.
[Ord. No. 3580 §§1 — 2, 12-16-2002]
All site and construction plans for any hotel, motel or rooming house within the City of Berkeley shall be approved by the Council prior to construction or issuance of permits by the City.
All other requirements set out by City and County ordinances and State law shall be adhered to in addition to the provisions of this Chapter.
[CC 1961 §24.30; Ord. No. 2545 §§1 — 2, 7-12-1982; Ord. No. 3119 §1, 4-9-1990]
In addition to the requirements in the BOCA Code adopted by the City, the following requirements relative to voluntary demolition or moving of buildings shall be followed and a permit is required for individual units for such demolition and removal and no such permit shall be issued until all requirements herein and the Berkeley ordinances complied with:
All buildings for which a demolition or removal permit is secured shall have basement excavations leveled and filled within forty-eight (48) hours of demolition or removal of the building from the premises. Final grading, seeding and removal of all foreign materials shall be completed within thirty (30) days after issuance of the demolition or removal permit or ten (10) days after actual demolition or removal whichever occurs first. Extension of demolition or removal permits may be granted by the City Manager which extension shall be valid for a period not to exceed fourteen (14) days.
Prior to the issuance of any demolition or removal permit a fee of five hundred dollars ($500.00) for permits and inspections shall be paid to the City of Berkeley. As an addition the applicants shall provide liability insurance in the amount of one million dollars ($1,000,000.00). Demolition permits for accessory buildings shall be ten dollars ($10.00). A performance bond by an acceptable insurer or other adequate securities to guarantee that the premises upon which the building is located shall be leveled and debris removed shall be posted and said bond shall be in the amount of two thousand dollars ($2,000.00) which shall be returned to the applicant upon full compliance with the ordinances of the City of Berkeley. Any additional expense to the City of Berkeley on either the removal or demolition of individual units shall be paid by permit holder before the performance bond can be refunded or additional permits issued.
On completion of each removal or demolition there shall be placed on file in the Public Works Department a copy of each removal or demolition permit, a record of the performance bond disposition, copies of all utility releases, together with completed inspection forms, signed and dated by the Building Inspector. These records shall be maintained on file by street address for no less than five (5) years and shall be destroyed only on approval of Berkeley City Council.
The releases required from the utility companies shall be kept on file in the Department of Public Works.
Any person violating any provisions of this Section shall be fined no more than five hundred dollars ($500.00) for each day of violation and or ninety (90) days in Jail or both fine and imprisonment.
[CC 1961 §24.31; Ord. No. 2580 §§1 — 2, 1-17-1983]
Installation of all television microwave antennas shall require a building permit, except as otherwise excluded herein. Prior to the issuance of the building permit for the installation of a television microwave, free standing antenna a person shall submit an original application and two (2) copies which shall contain the following relevant information:
A special permit shall be secured as herein provided:
No television microwave or other antenna in excess of three (3) feet in diameter or free standing antenna in excess of ten (10) feet shall be installed unless the property owner has secured a special permit issued by the Council after a hearing wherein the Council shall determine whether such installation will:
Adversely affect the character of the neighborhood,
Adversely affect the general welfare of the community,
Subsequently interfere with the protection of the property on which the antenna is installed,
Subsequently interfere with the enjoyment of neighbors in relation to vision screen appearance and utilization of their property.
If the Council's findings should be negative to all of the subparagraphs referred in (a), (b), (c), and (d), above, then the application shall be granted. If the Council's findings are affirmative as to either Subsections (a), (b), (c) or (d), then the permit shall be denied. Any person desiring a special permit shall pay the City the sum of thirty-five dollars ($35.00). The Council shall grant a public hearing giving fifteen (15) days notice and a letter to be sent to enjoining property owners informing them of said public hearing.
Installation of all antenna shall comply with the following:
National Electrical Code;
Microwave or similar antennas over six (6) feet in diameter require structural calculations on framing submitted by manufacturer of antenna;
Microwave or similar antennas over six (6) feet in diameter require engineering calculations on footing. Calculations shall bear the seal of engineer submitting data;
Roof mounted antennas over three (3) feet in diameter require complete structural analysis of roof structure by professional engineer. Calculations to bear seal of engineer submitting data;
Windloading to be calculated per BOCA Code. Report to be submitted and sealed by professional engineer;
No advertisement permitted on antenna;
No mobile antennas permitted on private property;
The applicant must demonstrate that the present landscaping provide reasonable screening from all directions beyond the lot lines or said applicant shows an adequate landscaping plan to provide reasonable screening from all directions beyond the lot lines;
If such antenna is free standing, it must be located behind the actual front building line of such lot and within all other required building lines. The number of microwave television antennas permitted under this provision is limited to one (1) antenna per building;
The application must show by a plot plan that the dish is to be placed and retained within the building lines of the intended lot of usage.
This Section shall apply to all television microwave or similar antennas that are larger than three (3) feet in any dimension and free standing in excess of ten (10) feet in height. This shall not apply to standard roof top television antennas.
[CC 1961 §24.32; Ord. No. 3126 §1, 6-4-1990; Ord. No. 3669 §1, 10-17-2005]
No metal bars, mesh, or other durable material shall be installed over any portion of the frontage window or frontage opening in commercial buildings. This in no way applies to the board-up of buildings as regulated in Chapter 505.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- The area of the building facing a public right-of-way which may include the side of a building on a corner lot, but most commonly referred to as the front of a building.
- FRONTAGE WINDOW AND/OR FRONTAGE OPENING
- Includes the interior and exterior of the window or opening.
[CC 1961 §24.33; Ord. No. 3080 §1, 9-5-1989]
Asphalt And Concrete Surfaces. All asphalt surfaces shall be so sealed and all cracks on poured concrete surfaces so caulked so as to prevent moisture from penetrating the surface.
Asphalt And Concrete Surfaces, Replacement. If the existing asphalt or concrete surface has deteriorated to a point of seventy-five percent (75%), it will be necessary it be removed and replaced.
All construction in the City shall comply with the requirements of Sections 319.200 through 319.207, RSMo., and any amendments thereto, relating to earthquakes and seismic construction requirements.
[Ord. No. 3595 §§1 — 2, 8-4-2003]
It shall be unlawful for any person or business to allow commercial trucks and signage to remain on a construction site in excess of twenty-one (21) days after the construction project is completed.
Anyone or business violating this Section shall be subject to a fine of up to five hundred dollars ($500.00) and/or imprisonment not in excess of ninety (90) days.
[Ord. No. 3867 §1, 11-2-2009]
Definitions. For the purpose of this Section, the following definitions shall apply:
- BUILDING COMMISSIONER
- The Public Works Director or his/her designee.
- CITY MANAGER
- The Chief Executive Officer of the City and responsible to the City council for the management of all City affairs.
- CODE ENFORCEMENT DIVISION
- The Building Commissioner.
- ENFORCEMENT INSPECTOR
- A building inspector, fire inspector or code enforcement inspector of the City of Berkeley.
- FIRE MARSHAL
- The Fire Chief, the Assistant Fire Chief or designee.
- Registration by the legal owner of record and a placard issued. See Exhibit A which is on file in the City offices.
- PLANNING DEPARTMENT
- Planning Director, Community Development Director or designee of the City Manager of the remaining portions of this Ordinance the City Commission declares that would have adopted this Ordinance and each Section, Subsection, sentence, clause, phrase or portion would be declared invalid or unconstitutional.
- PORTABLE STORAGE UNIT
- Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.
- PUBLIC RIGHT-OF-WAY
- City controlled and maintenance streets and sidewalks.
- A piece, parcel, tract or plot of land occupied or to be occupied by one (1) or more buildings or uses and their accessory buildings and accessory uses which is generally considered to be one (1) unified parcel.
Number, Duration And Removal.
Portable storage units for on-site storage. There shall be no more than one (1) portable storage unit per site not larger than eight (8) feet wide, sixteen (16) feet long and eight (8) feet high. No portable storage unit shall remain at a site in a residential district in excess of fourteen (14) consecutive days. No portable storage units for on-site storage are permitted on a site if any portable storage units for transport as defined in Subsection (B)(2) are on the site.
Portable storage units for transport. There may be up to two (2) portable storage units no larger than five (5) feet wide, seven (7) feet long and eight (8) feet high each, at a site in a residential district for a period not in excess of fourteen (14) consecutive days when such units are being used for loading or unloading goods in connection with the transport of the goods, to or from storage, or to or from another residential or non-residential location. No portable storage units for transport are permitted on a site if any portable storage units for on-site storage as defined in Subsection (B)(1) are on the site.
Cumulative time restriction. No portable storage units as defined in Subsections (B)(1) and (2) above shall be placed at any one (1) site in a residential district in excess of fourteen (14) days in any calendar year. No portable storage unit as defined in Subsections (B)(1) and (2) above shall remain at a site in a non-residential district in excess of fourteen (14) consecutive days and portable storage units as defined in Subsections (B)(1) and (2) above shall not be placed at any one (1) site in a non-residential district in excess of twenty-eight (28) days in any calendar year.
Removal Of Portable Storage Units In The Event Of Inclement Weather Or Hazardous Conditions. Notwithstanding the time limitations set forth in Subsection (B), all portable storage units shall be removed immediately upon the issuance of a storm warning by a recognized government agency.
Signage. A portable storage unit shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit.
Maintenance And Prohibition Of Hazardous Materials. The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances, as defined in Subsection (F) of this Section, are stored or kept within the portable storage unit.
Hazardous Substances. The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage is not used for any type of hazardous substances as listed in Federal Registry of the Department of Health and Human Services Hazardous Substances. The list in this Section is entitled Exhibit B to this ordinance 3867 and is on file in the City offices.
Residential Area Or District. In residential areas or districts, portable storage units shall generally be placed only in a driveway or, if alley access exists at the rear of the site, in the rear yard. However, if the Building Commissioner determines that there is no driveway available for placement of a portable storage unit and no alley access at the rear of the site exists, the Building Commissioner shall allow placement of a portable storage unit in the front yard, or rather that the placement of such portable storage unit does not obstruct the free, convenient and normal use of said public right-of-way.
Non-Residential Area Or District. In non-residential areas or districts, portable storage units shall generally be placed only in the rear or side portion of a site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited unless approved by the Planning Director.
Registration — Required. It shall be unlawful for any person to place, or permit the placement of, one (1) or more portable storage unit(s) on property which he or she owns, rents, occupies or controls without first having obtained a permit therefore. Application for a permit shall be made to the Inspections Department by phone registration or in person at the Building Department. The registration shall include the owner or the property or owner's agent, address, phone number and dates the unit(s) will be on the property. This is a no cost permit registration. The issuance of a permit shall allow the applicant to place portable storage units on the property in conformance with the requirements of this Chapter. A permit card will be issued and it shall be posted in plain view at the site and removed when the unit removed.