[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; Ord. No. 4643, 11-2-2020]
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 the Board of Adjustment.
[Ord. No. 4630, 8-25-2020]
A.
Generally.
1.
Any multi-family rental property or non-owner-occupied single-family
property within the City of Berkeley which becomes a chronic nuisance
property is in violation of this Section and is subject to its penalties
and/or remedies.
2.
Any person in charge who permits property under his or her ownership
or control to be a nuisance residential property shall be in violation
of this Section and subject to its penalties and/or remedies.
B.
ADMINISTRATIVE ADJUDICATION LAW
ADMINISTRATIVE HEARING OFFICER
CHIEF OF POLICE
CHRONIC NUISANCE PROPERTY
CITY
CONDITIONAL LICENSE
CONTROL
CRIME FREE HOUSING SEMINAR
CRIME FREE HOUSING COORDINATOR
DWELLING
DWELLING UNIT
DWELLING, DUPLEX
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
LICENSE (PERMIT)
LICENSE CLERK
NON-OWNER-OCCUPIED RESIDENTIAL PROPERTY
NUISANCE ACTIVITIES
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OCCUPANCY
OCCUPANCY PERMIT
OWNER
PERMIT
PERMITS (LICENSE)
PERSON
PERSON IN CHARGE
PROPERTY
RESIDENTIAL NON-OWNER-OCCUPIED HOUSING
RESIDENTIAL LANDLORD LICENSE
RESIDING WITHOUT AN OCCUPANCY PERMIT
REVOCATION OF OCCUPANCY PERMIT
SINGLE-FAMILY
UTILITIES REQUIRED
Definitions.
The following words, terms and phrases, when used in this Section,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Means that a Charter City can provide by ordinance for a
system of administrative adjudication of ordinance violations.
The City Manager or designee.
The Chief of Police of the City of Berkeley or designee.
Property, or dwelling unit in a multiple unit complex upon
which two (2) or more nuisance activities within a six-month period
have occurred as a result of any two (2) separate factual events that
have been independently investigated by any law enforcement agency.
City of Berkeley.
A temporary residential non-owner-occupied license issued
to permit the rental or occupancy of a person or persons other than
the owner or owners of a residential unit or structure that has a
violation or violations of applicable regulations, or to permit the
rental or occupancy of a person or persons other than the owner or
owners of a residential unit or structure prior to attendance by the
landlord, or a designated agent/manager, at the required crime free
housing seminar.
The ability to regulate, restrain, dominate, counteract,
or govern conduct that occurs on that property.
A seminar sponsored by the Berkeley Police Department to
provide information to owners of non-owner-occupied residential properties,
and/or their designated managers or agents regarding the requirements
of this Section, including the crime free housing lease addendum.
The person, designated by the Chief of Police, who maintains
records of all landlords, owners of non-owner-occupied residential
properties, and/or designated agent/manager, who have attended the
crime free housing seminar, along with the dates of attendance and
verification that the landlord or designated agent/manager has otherwise
complied with the City's Code to be eligible for issuance or renewal
of a residential rental license.
A structure, or portion thereof, which is wholly or partly
designed for or used for human habitation.
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.
A detached building designed for or occupied by two (2) families
living independently of each other.
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.
A detached building designed for or occupied exclusively
by one (1) family.
Any type of permit issued by the City of Berkeley, including
the annual landlord license.
A staff member who issues licenses or permits; obtains necessary
information, record data, advises applicants on requirements, collects
fees, and issues licenses.
Any residential property that is occupied solely by a person
or person other than the owner or owners of said property. This includes
multi-family rental properties.
Any of the following activities, behaviors, or conduct, as
defined by Federal, State, or City ordinance.
Disorderly conduct;
Unlawful use of weapons;
Mob action;
Discharge of a firearm;
Gambling;
Possession, manufacture, or delivery of controlled substances;
Public indecency;
Assault or battery, or any related offense;
Prostitution;
Trafficking in persons, involuntary servitude, and related offenses;
Criminal damage to property;
Possession, cultivation, manufacture, or delivery of cannabis;
Illegal consumption or possession of alcohol;
Public nuisance in the Model Housing Code, defined in the City's
most current version;
Structure unfit for human occupancy as defined in the City's
most current version of the International Property Maintenance Code;
Unsafe structure as defined in the City's most current version
of the International Property Maintenance Code;
Unlawful structure as defined in the City's most current version
of the International Property Maintenance Code;
Multiple and serious violations of the City's most current version
of the International Property Maintenance Code continuing after disposition
of a housing court complaint for those violations;
Activity that constitutes a violation of a felony or Class A
misdemeanor pursuant to a Federal or Missouri Statute;
A violation of City Code pertaining to loud, disturbing, and unnecessary noises as defined in Section 215.010;
Any violation of the methamphetamine regulations as defined in Section 215.070;
Recreational activity in street, Section 210.2280;
Lewd and lascivious behavior, loud music and/or noises, Section
215.010(O)(15);
Failure to maintain property, 215.060, and Ch. 510;
Graffiti, Section 210.1290;
A violation of Section 215.010(D)(7), Weeds;
Dangerous Buildings as defined in Section 505.020, having a dangerous building and/or conditions that threaten he physical health of a person;
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;
Stagnant water, Section 215.010(O)(3);
Leaves, brush must be bagged, Section 215.010(O)(15);
Moving at night, Section 210.760;
A violation of Title III, Traffic Code, Residential parking
areas, of the Berkeley City Code.
A violation of Title III, Traffic Code, Prohibited front yard
parking, of the Berkeley City Code.
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There foregoing shall not include, however, contacts made to
police or other emergency services, if:
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(1)
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The contact was made with the intent to prevent or respond to
domestic violence or sexual violence;
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(2)
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The intervention or emergency assistance was needed to respond
to or prevent domestic violence or sexual violence;
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(3)
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The contact was made by, or on behalf of, or otherwise concerns
an individual with a disability and the purpose of the contact was
related to that individual's disability;
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(4)
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An incident or incidents of actual or threatened domestic violence
or sexual violence against a tenant, household member, or guest occurring
in the dwelling unit or on the premises; or
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(5)
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Criminal activity or a local ordinance violation occurring in
the dwelling unit or on the premises that is directly relating to
domestic violence or sexual violence, engaged in by a tenant, member
of a tenant's household, guest, or other party and against a tenant,
household member, guest, or other party.
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The person or person residing in or in possession or control
of a residential property.
A document which states the names, dates of birth, relationships, and number of occupants of a dwelling unit and that the occupancy complies with all of the provisions of Chapter 500, and Ord. No. 4335 §1, 11-07-2016. It shall be unlawful for any person to knowingly make any false statement in his/her application for an occupancy permit. An occupancy permit shall be obtained before allowing tenancy.
Any person, partnership, land trust, or corporation having
any legal or equitable interest in the property. Owner includes, but
is not limited to:
To suffer, allow, consent to and acquiesce by failure to
prevent, or expressly assent or agree to the doing of an act.
Any type of permit issued by the City of Berkeley, including
the annual landlord license.
Any natural person, association, partnership, corporation,
or other entity capable of owning, occupying, or using property in
the City.
Any person in actual or constructive possession of a property,
including, but not limited to, an owner, occupant of property under
his or her ownership or control.
Any real property, including land and that which is affixed,
incidental, or pertinent to land, including, but not limited to, any
premises, room, house, building, or structure, or any separate part
or portion thereof, whether permitted or not.
Any residential non-owner-occupied property that is used
as a dwelling, including lots or pads made available for placement
of mobile homes thereon.
A license, specifically licensing non-owner-occupied residential
property, current and unrevoked, issued by the City in the owner's
name, to rent residential non-owner-occupied housing as required by
this Section for a period of one (1) calendar year, renewable as of
January 1 of each year.
Anyone who allow tenancy without first obtaining an occupancy
inspection. Summons shall be issued to landlord, representative and
tenant(s).
When valid occupancy permit shall be revoked, and property
vacated within ten (10) days of notice.
Single-family residences.
Water, sewer, electric, and gas shall be active at all times
during the occupancy.
C.
Residential
Landlord License Fee Schedule.
1.
Annual fees for the following residential landlord licenses shall
be at a rate prescribed in the residential landlord license fee schedule
as established herein:
2.
Multi-family rental properties will be issued one (1) license per
identified unit. As per the fee schedule above, the first identified
unit will incur a fee of twenty-five dollars ($25.00) per year.
3.
All applications and fees for all landlords/owners shall be due by
January 31st of each calendar year.
4.
If annual renewal fees are not paid within thirty (30) days after
the renewal date, it shall be deemed a violation of this Section and
shall be subject to the penalties as stated herein.
D.
Licensing
Procedures And Standards.
1.
For anyone applying for a landlord rental license after January 31st
of each calendar year, residential landlord licenses shall be applied
for within thirty (30) days of a property becoming a non-owner-occupied
property. If an owner fails to apply within the thirty (30) day period,
the license origination date shall be retroactive to the date the
property became a non-owner-occupied property; and the residential
non-owner-occupied license fee shall be calculated from that date
and the owner shall be subject to all penalties as outlined in this
Section.
2.
Residential landlord license shall be issued for a period comprising
one (1) calendar year. Any residential landlord licenses applied for
thereafter will be prorated for the remainder of the calendar year.
The license shall not be transferable. A new residential or multi-family
landlord license must be obtained by a new owner in the event of a
change in ownership.
3.
The City is hereby authorized, upon application, to issue new residential
landlord licenses and renewals thereof in the names of owners, or,
if operated by a separate person or entity, jointly in the names of
both the owner and the manager/agent of the non-owner-occupied housing.
4.
No residential landlord license shall be issued or renewed unless
the completed application form for each non-owner-occupied property,
identifying the specific units, is accompanied by payment of the appropriate
annual license fee as established in this Section. Payments must be
made in full prior to the license being renewed. Failure to pay any
balance will serve as grounds to deny further permits or licenses
being issued by the City.
5.
A residential landlord license may be issued or renewed for an owner living more than fifty (50) miles from the City provided that such owner designates, in writing, to the City, the name of the owner's agent for the receipt of any service of notices, violations, etc. The named agent shall reside within fifty (50) miles of the City with a valid mailing address, no PO Boxes will be accepted. (Section 500.170(B)(6)(a)(2)).
6.
No residential landlord license shall be issued or renewed for an
owner unless such applicant has first designated an agent for the
receipt of service when the owner is absent from the City for thirty
(30) consecutive days or more. Such designation shall be made, in
writing, and on file with the City.
7.
No residential landlord license shall be renewed unless an application
has been made within sixty (60) days prior to the expiration of the
present license. Current residential landlord license holders will
be mailed an application of renewal more than sixty (60) days prior
to the expiration of the present license to ease the renewal process.
8.
No residential land license shall be transferable to another rental
housing unit. Every owner holding a residential landlord license shall
give notice, in writing, to the City within seven (7) days after having
transferred or otherwise disposed of the legal control of any licensed
non-owner-occupied housing. Such notice shall include the name and
address of the person succeeding to the ownership or control of such
non-owner-occupied housing. Failure to notify the City shall constitute
a violation of this Section.
9.
Upon request by the City Manager, Permit Clerk, Inspector, Finance
Director, License Clerk, or any designee, owners shall provide a lease
and an application for a certificate of occupancy of all occupants
of rental housing. Falsification will be grounds for permit revocation.
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Exceptions: Residential landlord licenses, for the purposes
of this Section, shall not include the following:
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1.
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Lawfully operating housing for the elderly (nursing homes) that meets the definition of housing for older person, and regulated under the special use permit, Section 400.530.
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2.
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Lawfully operating group homes governed by a Section 400.530, Special Use Permit, it as amended, dealing wit the developmentally disabled, and also such other similar non-profit uses governed by State or Federal laws, rules or regulations if provided such similar uses are required to be exempted by law.
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E.
Crime
Free Housing Program Seminar — Conditional License. Any owner
and/or manager of non-owner-occupied housing shall attend and complete
a seminar every three (3) years. The owner and/or manager shall attend
the seminar prior to obtaining or being issued a City residential
landlord license. In the event a seminar is not available prior to
obtaining the operating license, a conditional license may be issued
subject to the owner attending the seminar within three (3) months
of issuance of the license. In the event that the seminar is made
available and is not attended within three (3) months, the license
shall be void without any need for further action or notice by the
City. After the seminar is attended, the license shall be issued for
the balance of the year. Owners who have attended and successfully
completed a similar seminar from another jurisdiction approved by
the Chief of Police may request a waiver from the training. After
completing the initial seminar and at the discretion of the coordinator,
owners and or managers may be permitted to attend and complete subsequent
seminars in an on-line format or have seminar requirement waived.
F.
Property
Manager. A property manager may be considered an agent of the owner
and may attend the seminar on behalf of an owner. If a new manager
is hired, the new manager shall have three (3) months after hiring
to attend the seminar.
G.
H.
List
Of Attendees. The coordinator, as designated by the Chief of Police
or designee, shall maintain a list of owners and/or property managers/agents
who have attended and completed the seminar, with the date of attendance
and verification that the owner and/or property manager/agent complied
with this Section and is eligible to obtain, maintain or renew the
residential landlord license.
I.
Crime-Free
Lease Addendum.
1.
No owner of non-owner-occupied housing may rent, lease, or authorizing occupancy of any non-owner-occupied housing without requiring the occupant or occupants to sign a crime free lease addendum, regardless of whether any formal written lease is executed. A copy of the crime free lease addendum shall be provided to the coordinator at the time the seminar is attended and completed. At the seminar, the coordinator shall provide, at no cost, samples of the crime free lease addendum and shall review any clauses within actual leases with the City Manager to determine if the clause is similar to the crime free lease addendum. This clause shall make criminal activity (not limited to violent criminal activity or drug related criminal activity) engaged by, facilitated by or permitted by the occupant, guest or other party under the control of the occupant, a lease or occupancy violation authorizing eviction. The owner shall then have the authority, under the clause, to initiate an eviction proceeding as specified in the Missouri Statutes. Landlord must adhere to City of Berkeley Eviction of Personal Belongings, Ordinance No. 3889, §§1 - 4, 3-15-2010 (Section 215.090). Proof by a preponderance of the evidence of the criminal violations shall be sufficient for purposes of eviction. The crime free lease addendum shall be substantially as follows:
2.
In addition to all other terms of the lease, the owner/landlord and
occupant/tenant agree as follows:
a.
The occupant/tenant, any member of the occupant/tenant's household,
any guest or any other person or person associated with occupant/tenant
or his or her household, common areas or appurtenances shall not:
(1)
Engage in any quasi-criminal or criminal activity as defined
by local, State, or Federal law while on or near the licensed property
or constituting a nuisance relating to such property as defined by
applicable law;
(2)
Engage in any act intended to facilitate any quasi-criminal
or criminal activity and/or obstruct or resist law enforcement against
criminal activity while on or near the licensed property or constituting
a nuisance relating to such property defined by applicable law.
(3)
Permit and/or allow the dwelling unit, common areas or appurtenances
to be used for or facilitate any quasi-criminal or criminal activity
as defined by local, State or Federal law.
b.
Should the occupant/tenant, any member of the occupant/tenant's household,
any guest or any other person or persons associated with the occupant/tenant
or his or her household violate any provisions stated herein, while
on or near the common areas, appurtenances or property, such a violation
shall constitute material non-compliance with this occupancy/lease
and shall further constitute grounds for termination of tenancy and
eviction.
J.
Chronicle
Nuisance Property. It is hereby declared a nuisance and against the
health, peace, and comfort of the City for any property owner, agent
or manager to allow or permit the following:
K.
Procedure.
When the Chief of Police, or his/her designee, of the City receives
one (1) or more Police reports documenting the occurrence of a nuisance
activity on or within a property the Chief of Police, or his/her designee,
shall independently review such reports to determine whether they
describe nuisance activities. Upon such findings, the Chief through
the coordinator may:
1.
Notify the person in charge, in writing, that the property is in
danger of becoming a chronic nuisance property. The notice shall contain
the following information:
a.
The street address or legal description sufficient for identification
of the property.
b.
A statement that the Berkeley Police Department has information that
the property may be a chronic nuisance property, with a concise description
of the nuisance activities that may exist or that have occurred.
2.
Service.
a.
Service shall be made either personally or by First Class Mail, postage
prepaid, return receipt requested, addressed to the person in charge
at the address of the property believed to be a chronic nuisance property,
or such other place which is likely to give the person in charge notice
of the determination by the Chief of Police.
b.
A copy of the notice shall be served on the taxpayer of record at
such address as shown on the tax rolls of the county and/or the occupant,
at the address of the property, if these persons are different from
the person in charge, and shall be made either personally or by First
Class Mail, postage prepaid. If service is conducted by first class
mailing, mailing via certified mail, return receipt requested shall
be done also in conjunction.
c.
The failure of any person to receive notice that the property may
be a chronic nuisance property shall not invalidate or otherwise affect
the proceedings under this Section.
L.
Abatement;
Administrative Hearing.
1.
At hearing before the Administrative Hearing Officer, the City shall
have the initial burden of proof to show, by a preponderance of evidence,
that the property is a chronic nuisance property.
2.
The City's representative shall present evidence in support of its
claim that the property is a chronic nuisance property. The person
in charge or the person in charge's local representative shall be
permitted to rebut such evidence. No continuances shall be authorized
except by the Hearing Officer or by an agreed upon order between the
parties involved. Any continuance authorized by a Hearing Officer
under this Section shall not exceed thirty (30) days. At any time
prior to and give testimony at the hearing. The formal rules of evidence
shall not govern. The formal and technical rules of evidence do not
apply in an adjudicatory hearing. Evidence, including hearsay, may
be admitted only if it is the type commonly relied upon by reasonable,
prudent persons in the conduct of their affairs. Objections to evidentiary
offers may be expedited and the interests of the parties will not
be prejudiced, any part of the evidence may be received in written
form.
3.
At the conclusion of the hearing, the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing, whether or not a violation exists. The determination shall be, in writing, and shall be designated as the findings, decisions, and order. The Hearing Officer's decision shall be final and binding, except that the provisions of the administrative review law shall apply. The findings, decision, and order shall include the Hearing Officer's findings of fact, and sanctioning the person in charge/owner/occupant, as specified in Subsection (L)(4) below, or dismissing the case in the event a violation is not proved. A copy of the findings, decision, and order shall be served upon the person in charge, or owner/occupant if different than the person in charge, within ten (10) business days.
4.
If the Hearing Officer makes a finding that a property was, or is,
a chronic nuisance property, he/she may fine the person in charge
and/or the owner/occupant of the property if those persons are different
that the person in charge a minimum fine of two hundred fifty dollars
($250.00) up to one thousand dollars ($1,000.00) for each violation
of this Section. Each day a nuisance activity occurs or continues
shall be considered a separate and distinct violation. The Hearing
Officer may, at his/her discretion, impose such a fine for each day
the nuisance activity goes unabated. No person shall be found in violation
of this Section unless the City proves such by a preponderance of
the evidence.
M.
Abatement; Court Proceedings — Abatement Of Nuisance. The City, as an alternative to Section 215.060, may commence an action to abate a chronic nuisance property in court of compete jurisdiction or by filing for a hearing with the landlord and tenant. The City Manager shall act as the Administrative Hearing Officer. In lieu of an administrative hearing, the landlord may file an appeal with Board of Adjustment, with a filing fee of three hundred fifty dollars ($350.00).
N.
Suspension
Or Revocation Of License.
1.
The Chief of Police may require corrective action up to and including
suspension or revocation of any license issued hereunder if it is
determined that the licensee has violated this Section or permitted
a chronic nuisance to occur. Suspension or revocation shall be limited
to specific units involved in violations of this Section, unless it
is reasonable determined by the Chief of Police that the revocation
of the license for other or all units is required to protect the public
safety or to prevent continue violations.
2.
Any suspension or revocation of a license may be appealed directly
to the Administrative Hearing Officer with a copy to the Chief of
Police for review and determination under such rules as provided for
appeals to the Administrative Hearing Officer; such appeals shall
be filed within fifteen (15) days of the Chief of Police's decisions.
Such suspension or revocation may be stayed by the City pending the
decision of the Administrative Hearing Officer unless the Chief of
Police confirms specifically, in writing, that public safety may be
threatened by such stay.
3.
Any owner whose residential landlord license has been suspended may
not collect rent or allow occupancy for the non-owner-occupied housing
or units for which the suspension or revocation is in effect under
any lease or other occupancy agreement entered into after the effective
date of this Section. It shall be a violation for any person to occupy
a non-owner-occupied property where the residential landlord license
has been suspended or revoked.
O.
Appeals.
1.
Any owner may appeal to the Administrative Hearing Officer a suspension,
revocation or denial of a residential landlord license by the Chief
of Police. A written request for an appeal specifying the grounds
thereof shall be filed within fifteen (15) days of the suspension,
revocation or denial complained of.
2.
Any such appeal shall be based solely upon and shall state a claim
that the true intent of this Section or the rules or regulations adopted
pursuant thereto have been incorrectly interpreted, the provisions
of this Section do not apply, or criminal violations sufficient to
allow for evictions under the crime free lease addendum were not established
with the requisite standard of proof.
3.
No fee for the owner shall be associated with filing an appeal to
the Chief of Police or the Hearing Officer.
4.
Upon receiving a timely-filed notice of appeal, the City shall transmit
to the Administrative Hearing Officer all papers constituting the
record upon which suspension, revocation or denial was taken.
5.
An appeal shall stay any suspension or revocation unless the Chief
of Police certifies to the Administrative Hearing Officer, after the
notice of appeal has been filed, that by reason of facts stated in
the certificate the stay would, in his or her opinion, cause eminent
peril to life, property or public safety, in which case the suspension
or revocation shall not be stayed other than by a restraining order
which may be granted by the Administrative Hearing Officer or by a
Court of Record on application, or notice to the Chief of Police and
on due cause shown.
6.
The Administrative Hearing Officer shall act upon any appeal hereunder
within thirty (30) days of receiving a timely-filed notice of appeal
by conducting a hearing upon such appeal; except, such hearing may
be extended to a later date upon application to the Administrative
Hearing Officer for cause. The hearing shall be conducted according
to the following procedures.
7.
Hearings conducted by the Administrative Hearing Officer shall be
open to the public, held at the call of the Administrative Hearing
Officer and at such times as he or she may determine. Any interested
person may appear in person or through a duly authorized agent or
attorney. All testimony before the Administrative Hearing Officer
shall keep a record of his or her proceedings and other official actions.
The Administrative Hearing Officer shall hold all hearings in accordance
with the Administrative Adjudication Law as defined herein.
8.
The Administrative Hearing Officer may reverse, affirm, modify or
amend, wholly or partly, the suspension, revocation or denial appealed
from to the extent and in the manner that the Administrative Hearing
Officer determines is necessary to conform with the intent and requirements
of this Section. Unless otherwise required by law, no challenge to
any decision subject to this Section shall be filed in any court until
or unless a timely appeal has been filed and prosecuted to completion
by the owner as provided for in this Section so as to establish a
final appealable decision.
9.
The owner of the residential landlord license, who has received a
suspension, revocation or denial of a residential landlord license
by the Chief of Police, may in lieu of an administrative hearing,
appeal to the Board of Adjustment, for a filing fee of three hundred
fifty dollars ($350.00).
P.
Eviction Or Retaliation Prohibited. It shall be unlawful for an owner to terminate the lease agreement or occupancy of an occupant or otherwise retaliate against any occupant because that occupant complained to an agent of the City about nuisance activities or violations of law on the owner's premises. Nothing herein shall preclude an owner from evicting an occupant or taking other lawful action due to a violation of law or lease provision by the occupant. Eviction shall comply with Ordinance 3889 (Section 215.090), with placing of tenant's belongings. The coordinator shall not initiate or mediate the eviction proceedings between the landlord and the tenant.
Q.
Penalty.
1.
Any person who shall violate the provisions of this Section or shall
fail to comply with any lawful order pursuant to any Subsection of
this Section, upon conviction thereof, shall, in addition to any other
remedy established herein, be subject to punishment in accordance
with the general penalty for violations of ordinances of the City.
Each day that such violation or failure to comply continues after
issuance of notice by Chief of Police shall constitute a separate
offense.
2.
Any person whose residential landlord license has been suspended
or revoked shall be deemed to be in violation of this Section, and
in addition to any other remedies as may be provided by law, shall
be subject to any of the following:
a.
A fine in the amount of not less than two hundred fifty dollars ($250.00)
and no more than one thousand dollars ($1,000.00) per unit for each
day the violation exists; and
b.
Any and all civil remedies available to the City, including any and
all injunctive remedies that a court of competent jurisdiction may
impose.
c.
The City may seek to enforce this Section by seeking any one (1)
or more remedies authorized under this Section.
[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; Ord.
No. 4643, 11-2-2020]
A.
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. Property Managers, landlords,
agents, representatives, nor owners are allowed on the occupancy permit
of rental property. The occupancy permit shall list tenant head of
household and dependents only. Owners or agents shall approve all
amendments to rental property occupancy.
1.
Fee. A fee of one hundred dollars ($100.00) will
be charged for the initial inspection and twenty-five ($25.00) for
the 2nd re-inspection and each additional re-inspection thereafter.
In addition thereto, the owner or manager shall be charged the inspection
fee required if plumbing, electrical or other inspections are required
and called for as a result of the initial dwelling unit inspection.
[Ord. No. 4374 § 2, 4-17-2017]
2.
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. Property Managers, landlords,
agents, representatives, nor owners are allowed on the occupancy permit
of rental property. The occupancy permit shall list tenant head of
household and dependents only. Owners or agents shall approve all
amendments to rental property occupancy.
3.
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]
4.
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 occupancy
permit for a rent/lease occupancy 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 or designee all of the
information required herein. Falsification of any of the information
provided on the occupancy 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.
5.
Appeal on a permit denied or revoked. Any person
whose application for a permit to rent or to lease a residential rental
unit has been denied, revoked, or any person who is unable to comply
with any provision of this Chapter shall be granted an appeal to the
Board of Adjustment. 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.
6.
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. Each single-family dwelling and multi-family
dwellings shall have a trash enclosure.
7.
Safety. No rent or lease occupancy 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.
8.
Revocation of permit. A rent/lease occupancy permit
may be revoked at any time during the occupancy of the rental unit
for which an occupancy 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 an occupancy
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.
9.
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 or designee 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.
B.
Landlord License.[1]
1.
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.
2.
Application for a license under this Section shall be made to the
Director of Finance or designee 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.
3.
The annual fee for the license required by this Section shall be
as set out in Appendix A.
4.
Unless and until all fees due hereunder, including any delinquency
penalties, property taxes, trash bills, and municipal liens are paid
in full, no occupancy inspection or permit shall be issued for the
occupancy of any residential property.
5.
Delinquency.
a.
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.
b.
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 Building Commissioner 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.
c.
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 when a residential rental estate license
has been revoked.
d.
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.
e.
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.
6.
License Application/Amendment.
[Ord. No. 4374 § 3, 4-17-2017]
a.
Application for a license required by this Section shall be
filed annually with the License Clerk by the earlier of:
(1)
January 31 of each calendar year for all residential
rental property owned on January 1 of that year; or
(2)
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.
b.
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.
7.
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]
[1]
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.
D.
DWELLING
DWELLING UNIT
DWELLING, DUPLEX
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
OWNER
PUBLIC NUISANCE
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.
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.
A detached building designed for or occupied by two (2) families
living independently of each other.
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.
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.
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)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)210.2250), recreational activity in street (Section 210.2280)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; Ord. No. 4643, 11-2-2020]
A.
All
rental real property within the City limits of the City of Berkeley
shall be inspected for housing code violation annually.
B.
The
annual inspections shall be conducted by the City of Berkeley and
should begin no later than September first (1st) of each year.
C.
The
Building Commissioner or designee shall maintain a record of the inspections
conducted. The record shall include the address of the property inspected,
when and by whom it was inspected, and list the violations cited (if
any). These inspection results shall be available for public review
through a records request from the City Clerk.
[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; Ord. No. 4643, 11-2-2020]
A.
Within
a reasonable amount of time but not later than thirty (30) 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.
B.
If
in the opinion of the Director of Public Works, the structure as developed
will not conform, the Director of Public Works shall have the applicant
submit to the Board of Adjustment 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 Board shall examine
the plans, elevations, detail drawing and specifications, hear the
applicant in reference thereto, and examine any other evidence that
may be pertinent.
C.
The
Board shall have one (1) month 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 Board shall approve
the application. The Board 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 Board will make
recommendations to the Public Works Director or designee in regard
to such application.
D.
If
the Board of Adjustment shall return the application to the Director
of Public Works with disapproval and recommendations, the Director
of Public Works, 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 Board. If the
Board 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.
E.
Appeal To Circuit Court. In the event any application is
refused by the Board of Adjustment, the applicant may appeal to the
Circuit Court to review the decision of the Board of Adjustment. Board
of Adjustment decisions are binding by law and may be appealed only
to the Circuit Court.
F.
Architectural Review For Fences.
1.
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 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.
2.
If, in the opinion of either the Director of Public Works, 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; Ord. No. 4643, 11-2-2020]
A.
All
site and construction plans for any hotel, motel or rooming house
within the City of Berkeley shall be approved through the zoning process
prior to construction or issuance of permits by the City.
B.
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; Ord. No. 4643, 11-2-2020]
A.
In
addition to the requirements in the Building Code as 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:
1.
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.
2.
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 sixty-five dollars
($65.00). 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.
3.
On completion of each removal or demolition there shall be placed
on file in the Public Works Department Inspections Division 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.
4.
The releases required from the utility companies shall be kept on
file in the Department of Public Works Inspections Division.
[CC 1961 §24.31; Ord. No. 2580 §§1 — 2, 1-17-1983]
A.
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:
B.
A special
permit shall be secured as herein provided:
1.
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:
a.
Adversely affect the character of the neighborhood,
b.
Adversely affect the general welfare of the community,
c.
Subsequently interfere with the protection of the property on which
the antenna is installed,
d.
Subsequently interfere with the enjoyment of neighbors in relation
to vision screen appearance and utilization of their property.
2.
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
three hundred fifty dollars ($350.00). 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.
[Ord. No. 4643, 11-2-2020]
C.
Installation
of all antenna shall comply with the following:
[Ord. No. 4643, 11-2-2020]
1.
National Electrical Code, as adopted;
2.
Microwave or similar antennas over six (6) feet in diameter require
structural calculations on framing submitted by manufacturer of antenna;
3.
Microwave or similar antennas over six (6) feet in diameter require
engineering calculations on footing. Calculations shall bear the seal
of engineer submitting data;
4.
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;
5.
Windloading to be calculated per Building Code, as adopted. Report
to be submitted and sealed by professional engineer;
6.
No advertisement permitted on antenna;
7.
No mobile antennas permitted on private property;
8.
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;
9.
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;
10.
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.
D.
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]
A.
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. All exterior of commercial buildings shall conform to the Property Maintenance Code, as adopted.
[Ord. No. 4643, 11-2-2020]
B.
FRONTAGE
FRONTAGE WINDOW AND/OR FRONTAGE OPENING
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.
Includes the interior and exterior of the window or opening.
[CC 1961 §24.33; Ord. No. 3080 §1, 9-5-1989]
A.
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.
B.
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.
C.
All
exterior maintenance of commercial buildings shall conform to the
Property Maintenance Code, as adopted.
[Ord. No. 4643, 11-2-2020]
[Ord. No. 4643, 11-2-2020]
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 and
the Building Code, as adopted.
[Ord. No. 3595 §§1 —
2, 8-4-2003]
A.
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.
[Ord. No. 3867 §1, 11-2-2009]
A.
BUILDING COMMISSIONER
CITY MANAGER
CODE ENFORCEMENT DIVISION
ENFORCEMENT INSPECTOR
FIRE MARSHAL
PERMIT
PLANNING DEPARTMENT
PORTABLE STORAGE UNIT
PUBLIC RIGHT-OF-WAY
SITE
Definitions. For the purpose of this Section, the following
definitions shall apply:
The Public Works Director or his/her designee.
The Chief Executive Officer of the City and responsible to
the City council for the management of all City affairs.
The Building Commissioner.
A building inspector, fire inspector or code enforcement
inspector of the City of Berkeley.
The Fire Chief, or designee.
[Ord. No. 4643, 11-2-2020]
Registration by the legal owner of record and a placard issued.
See Exhibit A which is on file in the City offices.
Planning Director, Economic Development Coordinator, 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.
[Ord. No. 4643, 11-2-2020]
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.
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.
B.
Number, Duration And Removal.
1.
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.
2.
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.
3.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
