[CC 1961 Ch. 10]
Rehabilitation of existing dwelling units is now seen as a major component of maintaining the housing stock of the nation. In short, housing is a resource. It must be protected. The Berkeley Home Improvement Program is designed to meet that goal.
Each portion of the Home Improvement Program is designed to remedy either an existing housing problem or prevent further problems. Using Federal money appropriated for the Community Development Act to rehabilitate housing can ensure every Berkeley resident of suitable dwellings. It also protects and bolsters the value of all existing housing in Berkeley by preventing any one (1) house from prompting decline in an otherwise sound neighborhood.
This program is for all the residents of Berkeley, whether or not they qualify for a loan or grant. Each homeowner has the responsibility to his/her neighborhood and his/her community to keep his/her dwelling in suitable repair. This program will help those residents who are under income restrictions to meet their neighborhood and community responsibilities.
[CC 1961 §10.01]
As used in this Chapter, the following terms shall have these prescribed meanings:
- City of Berkeley.
- Home Improvement Committee.
- Home Improvement Program Director, who shall also carry the title Community Development Director for the City of Berkeley.
[CC 1961 §10.02]
The Home Improvement Program Director will administer the Home Improvement Program and coordinate other programs to encourage neighborhood preservation and/or rehabilitation. The Director will have the following duties among others:
To encourage single-family, owner-occupant housing in Berkeley in presently zoned areas.
Encourage sound maintenance procedures.
Provide housing information to prospective residents, as well as current homeowners.
Promote the residential areas of Berkeley through pamphlets, slide programs, seminars, and similar activities.
[CC 1961 §10.03; Ord. No. 3299 §1, 9-6-1994]
There is hereby established a Berkeley Home Improvement Committee to oversee the administration of the Berkeley Home Improvement Program and the activities of the Director. The Committee shall consist of seven (7) members, who shall be the Director of Public Works, one (1) member of the Berkeley Betterment Commission, five (5) citizens appointed by the Council, one (1) from each Ward. The City Manager and one (1) member of the City Council shall serve as ex officio members. The citizen members shall be appointed by the Council and shall serve for a period of three (3) years except for those members first appointed, one (1) of whom shall serve for one (1) year and one (1) of whom shall serve for two (2) years, as determined by the Council. In the event of the death or resignation of any member, his/her successor shall be appointed by the Council to serve for the unexpired period of the term for which such member has been appointed. All citizen members shall be registered voters and residents of the City and serve without compensation.
Duties Of The Committee. The Committee's functions and duties shall be to review all home improvement incentive subsidy guaranteed loan and grant applications to determine eligibility for participation in the Home Improvement Program utilizing the criteria established for participation in each phase of the program as outlined in this Chapter. To this end the Committee shall have the following powers, rights, and duties:
Access to all forms, documents and other information compiled by the Director which related to a citizen's request for assistance under the Home Improvement Program.
To establish all reasonable and necessary rules and regulations which will enable them to secure from the Director or from the applicant any and all necessary and pertinent information required by the Committee in order to make a decision concerning an applicant's qualification to participate in the program.
The establishment of necessary rules and regulations to ensure the professional and efficient operation of the Committee in handling all requests for assistance.
The Committee will make final determination on the qualifications for participation of all applicants in the program, and no resident shall be allowed to participate unless his/her application has been approved by the Committee. In the event that applications for assistance exceed the availability of funds, the Housing Committee shall be charged with establishing priorities for participation and selecting those applications which meet the criteria established by the Committee.
All rules, regulations, and guidelines established by the Committee to facilitate the completion of its assigned duties shall be in writing, approved by a majority of the Committee, and filed with the City Clerk.
[CC 1961 §10.04]
The Committee may stipulate the scope of the work to be done for each individual grant, as well as the priority in which the repairs are made. Generally, under all segments of this program, Code violations will be priority repair items. The following repairs or replacements will be considered acceptable under the program:
Heating and ventilating systems,
Plumbing, including fixtures,
Walls, ceilings, floors, and porches,
Roofs, chimneys, gutters, and down spouts,
Foundations and structural defects,
Exterior walls, painting, and siding,
Windows and doors,
Insulation, caulking, and other winterizing techniques,
Built-in kitchen cabinets and food storage,
Other items which, in the opinion of the Committee, would correct defects which violate the minimum standards for dwellings, and/or would seriously affect the livability of the units.
[CC 1961 §10.05]
All segments of this program and all administrators, homeowners, and contractors participating in the program will abide by the Equal Employment Opportunity provisions of the Federal Government, as required by the Housing and Community Development Act of 1974, and all amendments thereto.
[CC 1961 §10.06]
Work write-up will be handled by the City or its agent as part of the assistance provided. Cost estimates and specifications will be made at this time, and total cost of construction determined. Counseling on acceptable repairs and loan total will be made with each applicant. Total package will be presented to the Home Improvement Committee for approval.
[CC 1961 §10.07]
The City or its designee shall have the right to inspect all rehabilitation work financed in whole or in part with the proceeds of the loan, and will inform the borrower of any non-compliance with respect to the contract for rehabilitation work, but will not issue any orders or instructions to the contractor or subcontractor performing the work. The borrower will take all steps necessary to assure that the City or its designee is permitted to examine and inspect the rehabilitation work and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records.
[CC 1961 §10.08]
The Committee shall maintain a list of approved contractors who shall be of good reputation, financially sound, bonded or insured, and which have exhibited the necessary skills and resources to perform the work required. The Committee shall periodically check its list of contractors to ensure that they continue to meet the standards listed in this Section. Applicants for participation in the program may select contractors not contained on the Committee's list; however, all such contractors must be checked and certified by the Committee prior to the authorization for work to begin. Contractors must obtain all necessary permits.
[CC 1961 §10.09]
Self-help may enable a property owner to obtain a rehabilitation loan by reducing the cost of an amount within the limits required to qualify for a grant and/or loan, and simultaneously may make loan repayment feasible. If self-help is approved by the Committee and the property owner is authorized to perform the work himself/herself, the amount of the loan or grant would provide funds to pay for materials and equipment required to complete the work. In cases where the Municipal Code requires work to be completed by an authorized contractor, self-help will not be permissible. The Committee will determine whether the person applying for self-help can complete the repairs in a professional and workmanlike manner. All work done on a self-help basis will be inspected by the City to ensure compliance with Code requirements. The Committee can require the completion of portions of the repairs required prior to approving the remainder of the loan or grant when the work is being completed by the homeowner on an extended time basis, and may place reasonable time limits upon the completion of work approved.
[CC 1961 §10.10]
The City may, with the approval of the City Council, utilize Community Development, CETA, or other available resources to hire a rehabilitation work force which would perform some or all of the work approved by the Committee.
[CC 1961 §10.11]
No member of the Governing Body of the City who exercises any functions or responsibilities in connection with the administration of the community development rehabilitation loan/grant program, and no other officer or employee of the City who exercises such functions or responsibilities, shall have any interest, direct or indirect, in the proceeds of this loan/grant, or in any contract entered into by the borrower for the performance of work financed in whole or in part with the proceeds of this loan. The borrower agrees that no member of the City Council/Administration shall be admitted to any share or part of the proceeds of the loan/grant, or to any benefit to arise from the same.
[CC 1961 §10.12; Ord. No. 2931 §1, 2-1-1988; Ord. No. 3433 §1, 3-24-1998; Ord. No. 3482 §1, 2-22-2000]
A participant can receive one hundred percent (100%) of the cost of correcting required code violations based on the maximum benefit limit of ten thousand dollars ($10,000.00).
All participants will sign a deed of trust and a five (5) year forgivable note providing for an annual remission of twenty percent (20%) of the original amount of the grant as long as they continue to own and occupy said premises.
[CC 1961 §10.13; Ord. No. 3088 §1, 10-2-1989; Ord. No. 3198 §1, 3-2-1992; Ord. No. 3433 §1, 3-24-1998; Ord. No. 3482 §1, 2-22-2000]
In order to participate in the rebate program, a homeowner must meet the following eligibility requirements:
A homeowner must be the owner and occupant of the property, provide proof of recorded deed, paid homeowner insurance policy, paid real estate tax bill, provide Social Security numbers and date of birth for all household members, proof mortgage payments are current, proof trash bill payments are current, current occupancy permit with all household members listed and picture identification.
The unit must be a single-family or a two-family dwelling. Single-family dwellings will receive priority.
Income requirements. Gross household income from all occupants must meet established low-moderate income guidelines, not including income of dependent minor children. Documents required are most recent Internal Revenue Service Forms (1040, 1040A or 1040EZ) and W-2s, Social Security 1099 forms, child support payments, public aid and pension plan.
The property must be located in the City of Berkeley.
The Committee may formulate additional reasonable and necessary eligibility requirements and may develop priorities when the number of applicants for participation exceeds resources.
[CC 1961 §10.14]
To further assist homeowners to obtain financing, a guaranteed fund may be developed at the discretion of the Committee. In cases where the homeowner is unable to qualify for the loan even with a rebate, the loan portion of the construction cost may be secured by the loan guaranteed fund in addition to the rebate. This Section of the program is directed at hardship cases where both credit and tight budgets are a serious problem for the homeowner, under no circumstances shall the guaranteed loans exceed twenty percent (20%) of the total loans outstanding, and the guaranteed loan fund shall at all times contain a minimum of fifteen percent (15%) of the amount of all loans guaranteed under the program. The maximum repayment period is five (5) years.
[CC 1961 §10.15]
Eligibility for a guaranteed loan will be the same as for a regular loan with the addition of the following items:
[Ord. No. 4320 §§ 1 — 6, 9-19-2016]
Purpose. The City seeks to create a positive impact in City neighborhoods by creating an atmosphere for residents to enjoy a good quality of life by creating a thirty-percent limitation of single-family rental homes per residential block.
Classification; Limitation of rental housing in City neighborhoods. "R-1," "R-2" and "R-3" districts of the City shall have no more than thirty percent (30%) rounded up of the lots on any block that shall be eligible to obtain certification and annual rental license as a rental property. When determining the number of eligible properties on a block the number shall be the lowest number that results in thirty percent (30%) or more of the residential lots being rental. In cases in which one portion of the block is in an affected zone and another is in an exempt zone, only the affected portion is subject to this regulation.
Exceptions. This limitation shall not apply to rental properties which are already in place as of the date of adoption of this Section. The latter will be counted among the thirty percent (30%) of allowable rental houses for purposes of determining whether new licenses may be issued.
Exempt Districts. Property located within the following zoning districts are exempt from this rule: "R-4," "C-1," "C-2," "C-3," "M-1," "M-2," "AD," "AD-3" and "P-1." Notwithstanding the foregoing, a property owner whose property is subject to the thirty-percent limitation may obtain a temporary rental license for his or her property for a period of time not exceeding twelve (12) consecutive months under the following conditions:
The property is actively being offered for sale to the public by the owner or by any authorized agent of the owner during the license term.
The property shall be temporarily licensed for rental purposes only if the property complies with all applicable City rental housing requirements.
The property shall be licensed only for one of the following: one adult living alone or two unrelated adults living together with any dependents by birth, adoption or law, or any number of person related by blood, marriage, adoption, or law.
The temporary, rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term, whichever event first occurs.
A copy of the lease agreement shall be deposited with the City Public Works Inspections Division within one (1) week from the date of the execution of the lease and before an occupancy permit will be issued.
Definitions. Where terms are not defined they shall have their ordinary accepted meanings within the context which they are used. Webster Third New International Dictionary of the English Language Unabridged copyright 1986 shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
- Is a group of properties bounded entirely by streets, public land, railroad, rights-of-way, zoning district lines, corporate limit lines, or physical features such as rivers, ponds, or lakes, provided that final delineation of a block shall be made by City staff.
- Is a building wholly or partly used or intended to be used for living, sleeping, cooking or eating purposes by human occupants, but not including hotels and motels.
- DWELLING UNIT
- Is a room or a group of rooms located within a dwelling or forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, purposes.
- HABITABLE ROOM
- Is a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closets compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.
- HOT WATER
- Is water supplied to plumbing fixtures at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.), forty-nine degrees Celsius (49° C.).
- Is the presence of insects, rodents, or other pests within or around the dwelling on the premises.
- Is to give the use of a dwelling unit or rooming unit by an owner or manager to a tenant in return for rent.
- OCCUPANCY PERMIT
- Per section 400.440, issued by the Public Works Inspection Division to establish that the property is suitable for habitation by meeting health, safety, and welfare standards.
- Is one or more persons occupying and maintaining a common household in a single dwelling unit.
- Is a person, firm or corporation who alone, jointly or severally with others owns or has an ownership interest in a dwelling unit or rooming unit within the City.
- Is a stated return or payment for the temporary possession of a dwelling unit or rooming unit. The return or payment may be money or service or property.
Editor's Note: Section 6 of this Ordinance provided an effective date of 1-1-2017.
[CC 1961 §10.16; Ord. No. 2931 §1, 2-1-1988]
Direct rehabilitation grants, geared to those having severely limited incomes which do not permit home maintenance expenses or permit homeowners to participate in home improvement loan programs, shall be authorized for qualifying homeowners who are approved by the Home Improvement Committee. Grants will be provided one (1) time only for a housing unit, and the total amount of this grant will be restricted to a maximum of eight thousand five hundred dollars ($8,500.00). Funding required in excess of eight thousand five hundred dollars ($8,500.00) will be considered on a fifty percent (50%) cost-sharing basis between the City and the homeowner. The total amount of the grant should be no more than the difference between the fair market value of the rehabilitated property and the total outstanding debt on the property. All property should be suitable for rehabilitation, as determined by the Home Improvement Committee. All grants awarded will be secured by a Deed of Trust. If at the end of five (5) years the applicant has remained in the dwelling unit improved by the grant awarded under this Section, the Deed of Trust against the property will expire. If the participant moves from the dwelling unit or sells the dwelling unit prior to the end of the five (5) year period, the participant will be required to repay to the City a portion of the grant equaling twenty percent (20%) for each year below the five (5) year minimum which the individual did not live in the dwelling or sold it. Grants will be given to qualifying applicants to cover the full cost of acceptable repairs, as defined in Section 510.050 when a grant is authorized by the Committee.
[CC 1961 §10.16A; Ord. No. 2388 §1, 2-4-1980]
Direct rehabilitation grants may be provided when home improvement assistance is required by homeowners who cannot afford to correct a failure in structural or basic home systems which if left unattended will seriously jeopardize the health and welfare of the occupants or the structural safety of the dwelling unit. Only emergency repairs will be made under this program. Repairs to, but not limited to, heating systems, plumbing systems, electrical systems and structural failures which includes roofs which are leaking or windows which are broken and all other repairs deemed by the Home Improvement Committee to be of an emergency nature may be made under this Section. Persons applying for emergency assistance must meet all of the program requirements as outlined in Section 510.170 of this Chapter and the eligibility requirements as stated in Section 510.190 of this Chapter. Persons qualifying for emergency assistance will be required to apply for home improvement assistance as specified in Section 510.170 of this Chapter to bring the total up to the requirements specified in the minimum Maintenance Code. The Home Improvement Committee may authorize emergency repairs in some cases if it determines that it is not feasible to rehabilitate an entire dwelling unit.
[CC 1961 §10.17; Ord. No. 3088 §10.17, 10-2-1989]
Applicants requesting home improvement grants must meet the following eligibility requirements:
The dwelling must be owned by and be the primary residence of the applicant.
The property must be located in the City of Berkeley.
Income limitations. Although every case will be reviewed for its merit, the suggested income limits contained herein will be used as a guideline by the Committee:
Such other reasonable eligibility requirements which may be established by the Home Improvement Committee.
[CC 1961 §10.18]
The Residential Resource Program will allow the City to purchase substandard housing units being offered for sale in the City at a depressed market price. The purpose of this program is to rehabilitate substandard housing units which are having an adverse impact upon our residential neighborhoods, and to resell the rehabilitated units to owner-occupants at or near their full market value. All units purchased under this program must be approved by the Committee and be authorized by ordinance of the City Council. The Council must also approve any agreements entered into by the City regarding the repairs to be completed on the dwelling. All dwelling units purchased under this program will be rehabilitated according to the current Housing Maintenance Code to ensure not only the livability of the unit, but to ensure a reasonable life span as well.
[CC 1961 §10.18A; Ord. No. 2931 §1, 2-1-1988]
The Home Improvement Committee may authorize the purchase of exterior paint for persons meeting the fifty percent (50%) rebate guidelines, and may authorize the Community Development Director to approve the paint grants. The Clean-up/Paint-up program will require the homeowner to make proper preparations for the application of exterior paint at the City's expense. Also, the lot on which the unit is situated must be free of debris, litter and refuse before any paint is supplied to the homeowner.
The homeowner will apply the paint in a workmanlike manner and according to the home improvement guidelines. All phases of the work will be inspected by the Community Development Department to ensure that the work is proceeding in an acceptable manner. The homeowner will have sixty (60) days to complete the work from the date of application approval.
[CC 1961 §10.19]
Eligibility to purchase property rehabilitated under the Residential Resource Program will be extended to any person who will have the financial capability to maintain the rehabilitated dwelling and to obtain the necessary financing required to purchase the dwelling at a price acceptable to the City Council. The Committee must interview and approve every prospective purchaser. The past housing experience of each prospective purchaser will be reviewed and the family composition checked to ensure compliance with the space requirements contained in the Municipal Housing Code.
[CC 1961 §10.19A; Ord. No. 2403 §1, 4-21-1980]
Whenever high mortgage interest rates or general economic conditions make it unfeasible to sell homes rehabilitated under Section 510.200 of this Chapter, the City may dispose of these properties under a lease-purchase option. Lease-purchase of rehabilitated properties will only be utilized when no bids are received from qualified buyers. A lease-purchase will only be utilized under the following conditions:
The potential buyer has met all of the conditions for purchasing the property established by this Chapter and the Home Improvement Committee.
The unit has been put out for competitive bids and no qualified buyer was found.
A five percent (5%) down payment was paid to the City at the time the lease-purchase agreement was signed and the purchaser agreed to occupy the unit for four (4) years after the anticipated purchase is completed.
The term of the lease will be for one (1) year renewable and the lessee must actively seek financing to purchase the property. If the lessee fails to purchase the property, or renew the lease, the five percent (5%) down payment plus all lease payments will be forfeited to the City.
The lessee must agree to make monthly payments which will be determined by the City based upon the cost of purchase and rehabilitation of the house amortized over twenty (20) years at the City's actual cost plus all property taxes, insurance and ten percent (10%) for administration. The portion of the rent that represents actual cost to the City for purchase and rehabilitation will be credited toward the purchase price of the home according to the following schedule:
One hundred percent (100%) of actual cost portion of rent if purchased during the first (1st) quarter;
Seventy-five percent (75%) of the actual cost portion of rent if purchased during the second (2nd) quarter;
Fifty percent (50%) of actual cost portion of the rent if purchased during or after the third (3rd) quarter.
The lessee will agree to provide for all routine maintenance of the dwelling unit and will pay all utilities and other incidental costs resulting from his/her occupancy of the unit during the term of the lease agreement.
[CC 1961 §10.22; Ord. No. 2187, 3-14-1977]
Any person violating the provisions of this Chapter shall, upon conviction, be fined not more than five hundred dollars ($500.00) or ninety (90) days in Jail, or both fine and imprisonment. Each day shall be considered a separate violation.
[CC 1961 §10.23; Ord. No. 2337 §1, 5-21-1979]
There is hereby established a Berkeley Local Development Corporation. The corporation shall consist of business, professional, local government officials, and citizens interested in the economic welfare of the City of Berkeley. At least seventy-five percent (75%) of the entire membership of the corporation shall reside in or operate a business in the City of Berkeley.
The affairs of the corporation shall be conducted by a Board of Directors consisting of seven (7) regular members of the corporation. The Board of Directors, by majority vote, shall approve each application for membership in the corporation. The Board of Directors shall consist of the following: The City Manager or designated representative, who shall be an Administrative Official of the City; the Council of the City of Berkeley shall appoint one (1) member of the Council; the Berkeley Betterment Commission shall appoint one (1) member of the Commission; and four (4) Board members shall be elected by the general membership. One (1) of the four (4) Board members elected by the general membership shall operate a business located in the Airport Road business district. One (1) of the four (4) Board members elected by the general membership shall own or operate a business located in any of the City's industrial parks. The remaining two (2) members shall be elected at large from the general membership.
Provisions for the Board members' term of office and the filling of vacancies on the Board of Directors shall be in accordance with the established by-laws of the Berkeley Local Development Corporation.
[CC 1961 §10.24]
The corporation is formed for the purpose of planning and implementing projects and activities which shall foster economic growth in the City of Berkeley. The corporation shall encourage and provide financial assistance and incentives for businesses within the City and those locating within the City of Berkeley; promote existing commercial and industrial businesses in the City; plan renovations of the commercial and industrial businesses in the City; and to assist in the economic growth of small businesses in the City.
The corporation, through designated representatives, shall be empowered to work in conjunction with other agencies and departments of the City.
The corporation shall hold at least one (1) regular annual membership meeting each year on the second (2nd) Wednesday of June.
[CC 1961 §10.25; Ord. No. 2337 §1, 5-21-1979]
The corporation is empowered to authorize the President to enter into any contract or execute and deliver any instruments in the name of the corporation in accordance with the established by-laws of the Berkeley Local Development Corporation. No liens or indebtedness shall be issued in the name of the corporation unless authorized by a resolution of the Board of Directors. The corporation shall issue checks, deposit funds, and prepare specifications for purchases in accordance with the established by-laws of the Berkeley Local Development Corporation.
The corporation shall establish rules and procedures (by-laws) not inconsistent with the laws of the United States or the State of Missouri or the Charter of the City of Berkeley for guidance and execution of its activities as it deems necessary.