[Ord. No. 4335 § 1, 11-7-2016[1]]
Creating a model housing code will uniformly enhance the inspection
process to ensure that residents of the City are living in decent,
safe and sanitary housing units.
[1]
Editor's Note: Section 4 of this Ordinance provided an effective
date of 1-1-2017.
[Ord. No. 4335 § 2, 11-7-2016]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this Section shall have the
following meanings:
A detached structure, including, but not limited to, garages,
carports, fences, tool sheds, playhouses and tree houses, subordinate
to the main or principal structure, the use of which is customary
to the main building.
That portion of a structure which is partly underground but
having less than fifty percent (50%) of its ceiling height thirty-six
(36) inches above the average grade of the adjoining ground.
A room affording privacy containing bathing and sanitary
facilities provided within each dwelling unit consisting of a water
closet, a tub or shower and a lavatory basin.
A structure arranged or used for lodging, with or without
meals, for compensation.
Qualified professional delegated by a jurisdiction to perform
building inspection for residential, commercial, and industrial properties
for code violations, including but not limited to health, safety and
welfare.
Circumstances wherein the composition of the residents of
a dwelling unit changes either through the sale, lease, rental or
other provision for the occupancy of any dwelling unit or by the addition
of one (1) or more persons to the number of residents of a dwelling
unit except by birth or legal custody.
A non-sworn inspector, officer or investigator, employed
by the City, who possesses specialized training in, and whose primary
duties are the prevention, detection, investigation, and enforcement
of violations of laws regulating public nuisance, public health, safety,
and welfare, public works, business activities and consumer protection,
building standards, land use, or City affairs.
A document which states the names, dates of birth, relationships,
and number of occupants of a dwelling unit which does not comply with
all of the provisions of this Chapter. It is issued only under specified
circumstances elsewhere in the City codes for a limited specified
length of time.
The condition or appearance of a building or part thereof
characterized by evidence of physical decay or neglect, excessive
use or lack of maintenance.
A structure arranged or used for lodging and having common
toilet and bathroom facilities.
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.
The official designated herein or otherwise charged with
the responsibilities of administering this Chapter in the absence
of the Building Commissioner.
Objects which are added to a structure for aesthetic or functional
purposes. These include, but are not limited to, screens, awnings,
trellises, television antennas, storm windows, and storm doors.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poisoning,
spraying, fumigating, trapping or by any other recognized and legal
pest elimination methods approved by the Building Commissioner of
the City.
One (1) or more person occupying a dwelling and living as
a single housekeeping unit, all of whom or all but two (2) of whom
are related to each other by birth, adoption, or marriage, as distinguished
from a group occupying a residential group home or hotel as defined
in this Section.
An existing accessory structure forming a barrier at grade
between lots, between a lot and a street or an alley or between portions
of a lot or lots. A barrier includes a wall or latticework screen
but excludes a hedge or natural growth or a barrier less than eighteen
(18) inches in height which is used to protect plant growth.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
A trough under an eave to carry off water.
Every room in any structure in which persons sleep, eat,
or carry on their usual domestic or social vocations or avocations.
It shall not include private laundries, bathrooms, toilet rooms, water
closet compartments, pantries, storerooms, foyers, closets, and corridors,
rooms for mechanical equipment for service in the building or other
similar spaces not used by persons frequently or during extended periods.
Performs inspections of the interior and exterior of real
properties to insure compliance for new occupancy or reinspection.
Valid State-issued driver's license, valid State-issued ID
(not membership cards), marriage certificates, passports, green card,
visas, birth certificates, and valid foreign identification.
The presence of insects, rodents, vermin, or other pests
within or contiguous to a structure or premises.
A room or part of a room, which contains a sink and adequate
space for installing cooking and refrigeration equipment and for the
storage of cooking utensils.
That portion of a building which is underground but having
fifty percent (50%) or more of its ceiling height thirty-six (36)
inches above the average grade of the adjoining ground.
Any person who has charge, care, or control of a building
or part thereof, which is let or offered for occupancy.
A structure or portion thereof designed or altered for occupancy
by two (2) or more families living independently of each other in
separate dwelling units. Whenever the words "multifamily dwelling,"
"residence building," "dwelling unit," "rooming house," rooming unit"
or "premises" are used in this Code, they shall be construed as though
they were followed by the words "or any part thereof."
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 this Chapter. It is issued
under the circumstances listed in this Chapter.
Any person living and sleeping in a dwelling unit.
A structure containing one (1) dwelling unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of or have charge, care
or control of any dwelling or dwelling unit within the City as owner,
employee or agent of the owner or as trustee or guardian of the estate
or person of the title holder, and such person shall be bound to comply
with the provisions of this Chapter to the same extent as the owner.
A corporation, firm, partnership, association, organization,
and any other group acting as a unit as well as any individual. It
shall also include an executor, administrator, trustee, receiver,
or other representative appointed according to law. Whenever the word
"person" is used in any Section of this Chapter prescribing a penalty
or fine, as to partnership or associations, the word shall include
the partners or members thereof and, as to corporations, shall include
the officers, agents, or members thereof who are responsible for any
violation of such Section.
Facilities and equipment, including, but not limited to,
the following: gas pipes, gas-burning equipment, water pipes, steam
pipes, garbage disposal units, waste pipes, toilets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents, and any other similar
fixtures, together with all connections to water, sewer, vent, or
gas lines.
A lot, plot, or parcel of land, or any part thereof, including
the building or structures thereon.
Any material furnished, supplied, paid for, or under the
control of the owner.
A hallway, corridor, or passageway for ingress into and/or
egress from a dwelling not within the exclusive control of one (1)
family or dwelling unit.
Shall be the Building Commissioner, and shall perform the
duties assigned to the Building Commissioner by the Building Code.
To restore to an acceptable state of operation or serviceability.
Repairs shall be expected to last approximately as long as would the
replacement by new items.
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
Any habitable room or group of habitable rooms or any part
thereof forming a single unit used or intended to be used for living
and sleeping but not for cooking or eating purposes:
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes.
A bedroom or room intended for sleeping or a combination
of bedrooms or rooms intended for sleeping within a dwelling unit
which are located on the same floor and are not separated by another
habitable room, such as a living room, dining room, or kitchen, but
excluding bathroom, hallway, or closet.
Anything constructed or erected which requires location on
the ground or is attached to something having location on the ground,
including a fence or freestanding wall. A sign, billboard, or other
advertising medium, detached or projecting, shall be construed to
be a structure.
All structures which do not conform to the minimum standards
established by this Chapter or any other ordinances.
A structure containing two (2) dwelling units.
The process of supplying and removing air by natural or mechanical
means to or from any space. Ventilation by power-driven devices shall
be deemed mechanical ventilation. Ventilation by opening to outer
air through windows, skylights, doors, louvers, or stacks without
wind-driven devices shall be deemed natural ventilation.
One who occupies a dwelling as a visitor, guest, or caller.
An open space, at grade, one (1) the same lot as a building
or structure, located between the main building and the adjoining
lot line and/or street line. The measurement of a yard shall be the
minimum horizontal distance between the lot line and the building
or structure.
[Ord. No. 4335 § 2, 11-7-2016]
Every building or its premises used, in whole or in part, as
a dwelling or as an accessory structure thereof shall conform to the
requirements of this Chapter.
[Ord. No. 4335 § 2, 11-7-2016]
A.
The International Property Maintenance Code, which was amended and
adopted by the City of Berkeley as the Property Maintenance Code of
the City of Berkeley, is hereby adopted as so amended as the Property
Maintenance Code of the City of Berkeley as if it were fully set out
herein. Such document and ordinance are on file with the City Clerk,
and will be referred to as needed to housing compliance.
[Ord. No. 4643, 11-2-2020]
B.
It shall be unlawful for any person to occupy, as owner-occupant,
or to let or hold out to another for occupancy any dwelling unit for
the purpose of living, sleeping, cooking or eating which is not safe,
clean and fit for human occupancy and which does not comply with the
particular requirements of the following:
1.
Foundation, Exterior Walls And Roof. The foundation, exterior
walls, and roof shall be watertight and protected against rodents
and shall be kept in sound condition and repair. The foundation elements
shall adequately support the building at all points. Every exterior
wall shall be maintained in a sound condition of repair and shall
be free of any other condition which admits rain or dampness to the
interior portions of the building. All exterior surface material must
be treated, painted in a workmanlike manner, or otherwise maintained
in a sound condition. Roof drainage shall be adequate to prevent rainwater
from causing dampness in the walls. All cornices, rustications, quoins,
moldings, belt courses, lintels, sills, oriel windows, pediments,
gutters, and similar projections shall be kept in good repair and
free from defects, which make them hazardous and dangerous.
2.
Floors, Interior Walls And Ceilings. Every floor, interior wall
and ceiling wall shall be adequately protected against the passage
and infestation of vermin and rodents and shall be kept in sound condition
and good repair. Every floor shall be free of loose, warped, protruding
or rotting floorboards. Every interior wall and ceiling shall be free
of large cracks and holes and shall be free of loose plaster or other
structural or surface materials. Every toilet room and bathroom floor
surface shall be impervious to water and capable of being maintained
easily in a clean and sanitary condition. Toxic paint and materials
shall not be used where readily accessible to children.
3.
Windows, Doors And Hatchways. Every window, exterior door and
basement hatchways shall be substantially tight and shall be kept
in sound condition and repair. Every window shall be fully supplied
with windowpanes which are without cracks or holes. Every window sash
shall be in good condition and fit reasonably tight within its frame.
Every window, other than a fixed window, shall be capable of being
easily opened and shall be held in position by window hardware. Every
exterior door, when closed, shall fit reasonably well within its frame.
4.
Exterior Appurtenances. Exterior appurtenances, including, but
not limited to, screens, awnings, gutters, trellises, television antennas,
storm windows and storm doors, shall be installed in a safe and secure
manner and shall be maintained in sound condition.
5.
Stairways And Porches. Every stairway, inside or outside of
the dwelling, and every porch shall be kept in safe condition and
sound repair. Every flight of stairs and every porch floor shall be
free of deterioration. Every stairwell and every flight of stairs
which is more than four (4) risers high shall have a rail not less
than two and one-half (2 1/2) feet high, measured vertically
from the nose of the tread to the top of the rail, and every porch
which is more than four (4) risers high shall have a rail not less
than two and one-half (2 1/2) feet above the floor of the porch.
Every rail and balustrade shall be firmly fastened and maintained
in good condition. No flight of stairs shall have settled more than
one (1) inch out of its intended position or have pulled away from
supporting or deteriorating supports. The treads and risers of every
flight of stairs shall be uniform in width and height. Every stair
tread shall be strong enough to bear a concentrated load of at least
four hundred (400) pounds. Every porch shall have a sound floor. No
porch shall have rotting, loose, or deteriorating supports.
6.
Basements And Lower Levels. Every basement and lower level shall
be maintained in a safe and sanitary condition. Water shall not be
permitted to accumulate or stand on the floor. All sewer connections
shall be properly trapped. All slab drains shall be covered with grating.
Junk, rubbish and waste shall not be permitted to accumulate as to
create fire hazard or to endanger health or safety.
7.
Facilities, Equipment And Chimneys. Every supplied facility,
fixture, system, piece of equipment or utility and every chimney and
chimney flue shall be maintained in a safe, sound and sanitary working
condition consistent with the requirements of this Chapter.
8.
Driveways.
a.
Existing Driveways. Existing driveways shall be maintained in
good repair and free of safety hazards, cracks, dips, swales, etc.
c.
Sale Or Transfer Of Ownership; Change Of Occupancy.
(1)
At the time of sale or transfer of ownership of
residential property, the new occupiers, prior to obtaining an occupancy
permit, shall be required to have existing driveways and parking areas
on the premises paved with either asphalt, concrete, ornamental paving
stones, or full brick on compacted stone according to manufacturer's
specifications. On all existing paved areas, repairs to pavement also
must be completed prior to a new occupancy permit being issued.
(2)
At such time that there is a change of occupancy
within any rental property (residential or multifamily zoned), the
owner of the property shall be required to have all driveways and
parking areas paved with either asphalt, concrete, ornamental paving
stones, or full brick on compacted stone according to manufacturer's
specifications. On all the existing paved areas, repairs to pavement
must also be completed prior to a new occupancy permit being issued.
9.
Yards.
a.
All areas which are not covered by lawn or vegetation shall
be treated to prevent dust or the blowing or scattering of dust particles
into the air. All trees, bushes or vegetation which overhang or screen
a public thoroughfare shall be properly trimmed to avoid obstruction
of the view and movements of vehicles and pedestrians. Hazardous dead
trees and shrubs shall be promptly removed.
b.
The allowing or maintaining, on any lot or parcel of ground,
of the growth of weeds to a height of nine (9) inches in any residentially
zoned district of the City, or to a height of one (1) foot in any
other zoning district of the City. These limits shall also apply to
the growth of weeds upon improved streets or upon the right-of-way
adjoining such premises or upon any adjoining sidewalks. The word
"weeds" as used herein shall include all rank vegetable growth which
exhales unpleasant and noxious odors, and also high and rank vegetable
growth that may conceal filthy deposits or rodents, or which constitutes
a general nuisance.
c.
Drainage. Surface and subsurface water shall be appropriately drained
to protect buildings and structures and to prevent the development
of stagnant ponds. Gutters, culverts, catch basins, drain outlets,
stormwater sewers, approved combined storm and sanitary drainage shall
create a structural, safety, or health hazard by reason of construction,
maintenance or manner of discharge.
[Ord. No. 4643, 11-2-2020]
d.
Fences And Other Minor Construction. Shall be maintained in a safe
and substantial condition; damaged, dilapidated, fallen, missing pieces
shall be repaired. If replacing, a fence permit is required.
[Ord. No. 4643, 11-2-2020]
e.
Paved Areas. Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled or necessary repairs or replacement carried
out.
[Ord. No. 4643, 11-2-2020]
10.
Infestation. Each dwelling and all exterior appurtenances on
the premises shall be adequately protected against insects, rats,
mice, termites and other vermin infestation. Building defects which
permit the entrance of insects, rats, mice, termites and other vermin
shall be corrected by the owner. Tenants shall be responsible for
the elimination of rodents and vermin from that part of the premises
under their exclusive control, except when more than one (1) unit
is infested at the same time, and, in this instance, the owner shall
be responsible for elimination of the infestation.
11.
Tree Topping. No person shall top any street tree, park tree
or other tree on public property. "Topping" is defined as the severe
cutting back of limbs to stubs larger than three (3) inches in diameter
within the tree's crown to such a degree as to remove the normal canopy
and disfigure the tree. Trees severely damaged by storms or other
causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this Subsection at the determination of the Building Commissioner.
12.
Dead Or Diseased Tree Removal On Private Property. The City
shall have the right to cause the removal of any dead or diseased
trees on private property within the City, when such trees constitute
a hazard to life and property or harbor insects or disease which constitute
a potential threat to other trees within the City. The Building Commissioner
or designee will notify, in writing, the owner and/or occupier of
such property in which the trees are located. Removal shall be done
by said owner and/or occupier at his/her own expense within thirty
(30) days after the date of notice. In the event of failure of the
owner and/or occupier to comply with such provisions, the City shall
have the authority to remove such trees and charge the cost of removal
on the owner and/or occupier through ordinance violation and/or as
a special tax lien, or file a summons for the owner of the property
to appear in Municipal Court.
13.
Facilities, Equipment And Chimneys. Every supplied facility,
fixture, system, piece of equipment or utility and every chimney and
chimney flue shall be maintained in a safe, sound and sanitary working
condition consistent with the requirements of the City Code, including
having a fitted rain cap.
14.
Abandonment Of Refrigerators, Etc. No refrigerator may be discarded,
abandoned or stored in a place accessible to children without first
removing any locking devices or the hinges of the doors. Abandonment
of any appliance or other refuse on public or private property not
belonging to the owner of the refuse or in any place generally visible
to the public or in violation of any State, County or local sanitation
laws is prohibited.
[Ord. No. 4643, 11-2-2020]
Electric, gas, and water must be on at all time when the property
is occupied. When utilities are turned off or disconnected the property
is deemed unfit for habitation and will be posted by the Inspector
as a "Dangerous Building." Occupants will need to vacate the structure
until the utilities are reconnected.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Occupants of dwelling units and apartments units shall be responsible
for compliance with this Chapter in regard to the following:
1.
Limiting occupancy of that part of the premises which he/she
occupies or controls to the maximum permitted by this Chapter.
2.
Maintenance of that part of the premises which he/she occupies
or controls in a clean, sanitary and safe condition.
3.
Maintenance of all plumbing, cooking and refrigeration fixtures
and appliances, as well as other building equipment and storage facilities,
in that part of the premises which he/she occupies or controls in
a clean and sanitary condition and providing reasonable care in the
operation and use thereof.
4.
Keeping exits from his/her dwelling unit clear and unencumbered.
5.
No outside storage of personal items, vehicle parts, excessive
toys, lawn equipment, trash or debris.
6.
Disposal of garbage and refuse into provided facilities in a
clean and sanitary manner in accordance with the provisions of this
Code and other City ordinances.
7.
Extermination of insects, rodents or other pests within his/her
dwelling unit, studio unit or rooming unit.
8.
Maintaining of yards, lawns and courts in a clean, sanitary
and safe condition and free from infestation, refuse, and rubbish
insofar as such occupant occupies or controls such yards, lawns, and
courts or any parts thereof.
9.
The installation and removal of required screens.
10.
Keeping his/her domestic animals and pets in an appropriate
manner and under control. A Berkeley pet tag is required for all domestic
pets.
11.
Elimination of all prohibited uses as set forth in this Chapter
for that part of the premises which he/she occupies or controls or
to which he/she has accessibility.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Owners of premises shall be responsible for compliance with the provisions
of this Chapter and shall remain responsible therefor regardless of
the fact that this Chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
B.
Owners and operators of multiple dwellings shall be responsible for
proper installation, maintenance, condition and operation of service
facilities and for furnishing adequate heat and hot water supply where
they had contracted to do so.
C.
Whenever any person shall be in actual possession of or have charge,
care or control of any property within the City as executor, administrator,
trustee, guardian, operator or agent, such person shall be deemed
and taken to be the owner of such property within the true intent
and meaning of this Chapter and shall be bound to comply with the
provisions thereof to the same extent as the record owner; and notice
to any such person or any order or decision of the Enforcement Official
shall be deemed and taken to be a good and sufficient notice as if
such person were actually the record owner of such property. In instances
where an occupant is responsible or shares responsibility with the
owner for the existence of one (1) or more violations of the Chapter,
such occupant shall be deemed and taken to be an owner within the
true intent and meaning of this Chapter.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Minimum Space Requirements. Every dwelling unit shall contain a minimum
gross floor area of not less than two hundred fifty (250) square feet
for the first two (2) occupants and one hundred (100) square feet
for each additional occupant. The floor area shall be calculated on
the basis of the total area of all habitable rooms.
B.
Sleeping Rooms. In every dwelling unit, every bedroom occupied by
one (1) occupant shall have a minimum gross floor area of at least
seventy (70) square feet. Every bedroom occupied by more than one
(1) occupant shall contain at least fifty (50) square feet of floor
area for each occupant thereof. In addition, no sleeping room may
have a door that leads through the exterior of the building unless
there are two (2) other doors from the same dwelling unit that lead
to the outside that do not go through a sleeping room. Neither of
these two (2) other doors can be a basement door. Further, any room
to be used as a sleeping room must open on to a common hallway or
area and may not be used as a sleeping room if the only access to
it is through another room.
[Ord. No. 4377 § 2, 4-17-2017]
C.
Common Living Areas. In addition to the space requirements for sleeping rooms in Subsection (B) herein, each dwelling unit in the City shall have at least two hundred fifty (250) square feet of common living area, not sleeping area.
D.
Ceiling Height. Habitable rooms shall have a clear ceiling height
over the minimum area required of at least seven (7) feet. Attics
or top half (1/2) stories calculated as habitable rooms shall have
a clear ceiling height of at least seven (7) feet over at least one-third
(1/3) of the floor area. Only those portions of the floor area of
such rooms having a clear ceiling height of six (6) feet or more may
be included.
E.
Basement Rooms. Lower level rooms that do not comply with this Chapter
shall not be considered in computing the minimum habitable floor area
required.
F.
Prohibited Uses. It shall be prohibited to use for sleeping purposes
any non-habitable space or room or public space or to use as a bedroom
any room which must be passed through to gain access to any other
habitable or frequently used portion of the dwelling.
[Ord. No. 4335 § 2, 11-7-2016]
A.
It shall be unlawful for any person to use or permit any room in
any lower level or basement to be used to satisfy the habitable room
requirement of this Chapter unless such room meets all the applicable
requirements of this Chapter, particularly with regard to ceiling
height, ventilation and window area, same level egress and meets the
following additional requirements:
1.
The lowest point of the ceiling shall be at least thirty-six
(36) inches above the surface of the ground immediately adjoining
the room.
2.
The required minimum window area is entirely above ground level
and must have a clear opening. It must have a minimum net clear opening
of five and seven-tenths (5.7) square feet. "Net clear opening" refers
to the actual free and clear space that exists when the window is
open. It is not the rough opening size or the glass panel size or
any other size, but the actual opening a person can crawl through.
Code officials want the opening large enough so firefighters can comfortably
crawl through the window in full protective gear with an air tank
on their back. Ground-floor windows only need a net clear opening
of five (5) square feet; they can be smaller because a rescue ladder
doesn't take up part of the opening. The opening height must be at
least twenty-four (24) inches, and the opening width must be at least
twenty (20) inches. The bottom of the clear opening must be within
forty-four (44) inches of the floor. The window or other opening must
be operational from the inside without keys or tools. Bars, grilles,
and grates over windows must be operational without tools or keys
and still allow the minimum clear opening. Note that a window opening
that's the bare minimum of twenty-four (24) inches high and twenty
(20) inches wide does not meet egress requirements, since its net
clear opening is only 3.33 square feet. A window has to be taller
and/or wider than these minimums to meet the five-and-seven-tenths-square-foot-opening
requirement.
3.
No floor area three (3) feet below grade shall be used in determining
habitable living space.
4.
Two (2) means of exit are provided, at least one (1) of which
leads directly to the outside of the building at ground level, and
without the use of interior or exterior steps.
5.
The floors and walls shall be constructed in a manner to prevent
the entry of moisture and insulated to prevent the condensation of
moisture within the room.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Public Hallways. All corridors, passageways and stairways shall be
provided with electrical fixtures so that they can be adequately lighted
at night. A minimum of five (5) footcandles of daylight or artificial
illumination shall be required at all times in all public hallways.
B.
Residential structures shall be provided with electrical fixtures
so that they can be adequately lighted in basement stairwell, stairs
leading to second (2nd) story or above. A minimum of five (5) footcandles
of daylight or artificial illumination shall be required at all times.
C.
Natural Lighting. All habitable rooms, except as otherwise provided
in this Chapter, shall be provided with a means of transmitting natural
light from outside complying with the following requirements:
1.
Window Area. Every habitable room shall have at least one (1)
window or skylight of approved size facing directly to the outdoors,
except in kitchens where artificial light may be provided in accordance
with the provisions of the adopted Building Code.
2.
Windows Leading To Porches. Whenever the natural light area
opening from a habitable room is to an enclosed porch, such area shall
not be counted as a required light area unless the enclosed porch
has a natural light area of at least thirty percent (30%) of the floor
area of the room in question.
[Ord. No. 4335 § 2, 11-7-2016]
A.
SLEEPING AREA
SMOKE DETECTOR
Definitions. The following definitions shall apply to this Section:
A bedroom or room intended for sleeping or a combination
of bedrooms or rooms intended for sleeping within a dwelling unit
which are located on the same floor and are not separated by another
habitable room, such as a living room, dining room, or kitchen, but
excluding bathroom, hallway or closet. A dwelling unit may have more
than one (1) sleeping area.
A device which detects visible or invisible particles of
combustion and shall be either the ionization chamber or the photoelectric
type.
B.
Smoke Detectors.
1.
The owner of each dwelling unit which is constructed, changes
ownership, changes tenants, or is rehabilitated shall install smoke
detectors prior to the occupancy or change in occupancy of said dwelling
unit. If smoke detectors already exist in said dwelling units, the
smoke detectors must comply with the provisions of this Section.
2.
The owner, upon the occurrence of any of the events set forth in Subsection (B)(1) of this Section, shall install at least one (1) smoke detector to protect each sleeping area. In an efficiency apartment dwelling, the owner shall install the smoke detector in the room used for sleeping. In a multiple-family dwelling, the owner shall install at least one (1) smoke detector in each individual apartment or unit. In all other dwellings, the owner shall install the smoke detectors outside the sleeping areas and on the ceilings in the immediate vicinity of the sleeping area. An owner subject to this Section shall install each smoke detector on the ceiling at a minimum of four (4) inches from the side wall to the near edge of the detector and within fifteen (15) feet of all rooms used for sleeping purposes. A smoke detector shall be installed on every floor level, including the basement. Therefore, a two-story residence with a basement shall have a minimum of three (3) smoke detectors. The smoke detector in the basement shall be as close as possible to the stairwell. If a dwelling undergoes alterations, repairs or additions which require a permit, or if one (1) or more sleeping rooms are added or created in an existing dwelling, the entire dwelling or building shall be provided with smoke detectors as required for a new dwelling under this Section. Where more than one (1) sleeping area is located on a floor level, the smoke detector for each sleeping area shall be installed pursuant to this Subsection. For good cause shown, the Building Commissioner has the authority to modify the location requirements of this Section. In dwellings where location of smoke detectors cannot be readily determined, the Fire Marshall should be contacted for assistance in placement of detectors.
3.
The owner shall install a smoke detector which is capable of
sensing visible and invisible particles of combustion and emitting
an audible signal and may be wired directly to the building power
supply or may be powered by self-monitored battery. The smoke detector
shall comply with all specifications of the Underwriters Laboratories,
Inc. Standard UL217 (standard for safety single and multiple station
smoke detectors) 2nd Edition October 4, 1978, as revised May 19, 1983,
or any recognized standard testing laboratory that certified the detector
meets the requirement of National Fire Protection Association (NFPA)
standards 72E and 74. Smoke detectors shall bear the label of a nationally
recognized standards testing laboratory that indicates that the smoke
detectors have been tested and listed under the requirement of UL217
2nd Edition or NFPA 72E and 74.
4.
It shall be the responsibility of the owner to supply and install
all required detectors. The owner shall be responsible for testing
and maintaining detectors in common stairwells. It shall be the responsibility
of the occupant to provide and maintain batteries for each detector,
to test and maintain detectors within dwelling units, and to notify
the owner or authorized agent in writing of any deficiencies. The
owner shall be responsible for providing each occupant with written
information regarding detector testing and maintenance.
5.
It shall be unlawful for any person to remove batteries or in
any way make smoke detectors inoperable.
[Ord. No. 4335 § 2, 11-7-2016]
A.
FOSSIL FUEL
REHABBED
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Includes coal, natural gas, kerosene, oil, propane and wood.
Any repair or reconstruction of the interior of the building
or structure which requires a permit under the applicable building
code.
B.
Required — Single-Family Residential Buildings. The owner of
every new building or structure within the City of Berkeley which
is intended to be occupied for residential purposes by a single family
and every single family residential building or structure which is
rehabbed after the effective date of the ordinance codified in this
Chapter,[1] and which is heated by a fossil-fuel-powered heating unit
which is fully contained within the interior of the building or structure,
shall install not less than one (1) approved carbon monoxide detector
outside the area of sleeping rooms and additional units as required
by the Fire Marshal.
[1]
Editor's Note: The "effective date of the ordinance codified
in this Chapter" is 1-1-2017.
C.
Required — Multiple-Family Residential Buildings. The owner
of every new building or structure within the City of Berkeley which
is intended to be occupied for residential purposes by more than one
(1) family and every multiple-family residential building or structure
which is rehabbed after the effective date of the ordinance codified
in this Chapter,[2] and which is heated by a fossil-fuel-powered heating unit
which is fully contained within the interior of the building or structure,
shall install not less than one (1) approved carbon monoxide detector
in each unit of said building or structure.
[2]
Editor's Note: The "effective date of the ordinance codified
in this Chapter" is 1-1-2017.
D.
Compliance — Rules And Regulations. A carbon monoxide detector
is deemed approved for purposes of this Ordinance if it complies with
all applicable state and Federal regulations, and bears the label
of a nationally recognized standard testing laboratory, and meets
the revised standard of at least UL 2034 dated October 1, 1995 and
subsequent revision or its equivalent. The Building Commissioner and
Fire Marshal shall issue rules and regulations, not inconsistent with
the provisions of this Chapter, for the implementation and administration
of the provisions of this Chapter relating to carbon monoxide detectors.
E.
Unlawful To Make Detector Inoperable. It shall be unlawful for any
person to, in any way to make inoperable a carbon monoxide detector
required under this Chapter, except that this provision shall not
apply to any building owner, manager, and/or agent of said building
owner or manager in the normal procedure of maintenance including
replacement of batteries.
F.
Maintenance. The owner of a building or structure which is subject
to the provisions of this Ordinance, shall supply, install, test,
as per the manufacturer's specifications, and maintain required carbon
monoxide detectors. The owner shall also supply all necessary equipment
required for the operation of said detectors.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Posting Of Street Address. The owners, tenants or occupants of all
residences and buildings within the City shall conspicuously post
their street addresses on said property so that said address can be
seen from the street in front of said residence or buildings. Numbers
shall be at least four (4) inches in height.
B.
Enforcement. The requirements of this Section shall be enforced by
the Building Commissioner and the Fire Marshal.
C.
Compliance Period. Any person who violates the provisions of this
Section shall be allowed a compliance period of fifteen (15) days
to bring his/her residence or building into compliance before any
fine may be imposed.
[Ord. No. 4335 § 2, 11-7-2016; Ord.
No. 4643, 11-2-2020]
The International Mechanical Code, as amended and adopted by
the City of Berkeley as the Mechanical Code of the City of Berkeley,
is hereby adopted as so amended as the Mechanical Code of the City
of Berkeley as if it were fully set out herein. Such document and
ordinance are on file with the City Clerk.
[Ord. No. 4335 § 2, 11-7-2016; Ord.
No. 4643, 11-2-2020]
The International Plumbing Code, 2009 Edition, as amended and
adopted by the City of Berkeley as the Plumbing Code of the City of
Berkeley, is hereby adopted as so amended as the Plumbing Code of
the City of Berkeley as if it were fully set out herein. Such document
and ordinance are on file with the City Clerk.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Every dwelling unit shall have supplied water heating facilities
which are properly installed, including appropriate safety devices
(such as combination pressure/temperature relief valve and energy
cutoff devices) that are maintained in a safe and good working condition,
capable of heating water to a temperature as to permit an adequate
amount of water to be drawn at every required kitchen sink, lavatory
basin, bathtub or shower at a temperature of not less than one hundred
twenty degrees Fahrenheit (120° F.) unless an automatic dishwasher
is in use in which case the minimum shall be one hundred forty degrees
Fahrenheit (140° F.). A disconnect coupling shall be installed
on all gas-type water heaters with a shutoff valve installed in the
line prior to the disconnect and within easy sight of the water heater.
B.
Water Supply And Sinks.
1.
Each dwelling shall be provided with a potable water supply
servicing all required plumbing fixtures, devices and appurtenances
in sufficient volume and at pressures adequate to enable them to function
satisfactorily and without undue noise under normal conditions and
without any leaks or other signs of disrepair.
2.
There shall be at least one (1) kitchen sink installed and maintained
in good, clean operation in every dwelling unit and studio unit.
3.
Every kitchen sink, lavatory, bathtub or shower required by
this Chapter or other law or ordinance shall be supplied with both
hot and cold water properly connected to a supply of potable water.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Number And Location. In one-family dwellings, there shall be at least
one (1) bathroom located within the dwelling. In two- or more family
dwellings, each dwelling unit shall have at least one (1) bathroom
located within each unit. For studio units, there shall be at least
one (1) bathroom within each unit. For all dwelling units, there shall
be at least one (1) bathroom for each five (5) persons or a bathroom
and a toilet room for seven (7) persons. Two (2) bathrooms will serve
up to nine (9) persons.
B.
Arrangements. One (1) bathroom in all dwelling units shall be accessible
from any sleeping room without passing through any other sleeping
room. Toilet rooms and bathrooms within dwelling units and those in
public spaces available for the use of dwelling units shall have provisions
made for privacy.
C.
Floors. Shower stalls shall be provided with waterproof floors and
with a wall wainscot made of at least a water-resistant material and
extending to a minimum height of five (5) feet six (6) inches above
the floor level. The floors of toilet rooms and bathrooms in private
dwellings shall be covered, at a minimum, with a moisture-resistant
material. The floors of toilet rooms and bathrooms in multiple dwellings
and in nonresidence buildings shall be waterproof; such waterproofing
shall extend six (6) inches or more on the walls above the floors,
except at doors. Floors shall be kept in a dry, clean and sanitary
condition by the occupant.
D.
Employee Facilities. Where there are five (5) or more employees in
a multiple dwelling, separate toilet room facilities shall be provided
for them and for each sex. Such facilities shall be readily accessible
to the employees and shall not open directly into any public kitchen
or other public space used for the cooking or preparation of food.
E.
Light And Ventilation. Every toilet room and every bathroom in a
building shall be provided with adequate light and ventilation, either
natural or artificial, in accordance with the requirements of this
Chapter.
F.
One
ground fault circuit interrupter (GFCI) shall be installed and in
good working condition in all residential bathrooms.
[Ord. No. 4643, 11-2-2020]
[Ord. No. 4335 § 2, 11-7-2016]
A.
Generally. Every habitable room shall have natural ventilation or
a mechanical ventilation system adequate for the purpose for which
the room is used.
B.
Toilet Rooms, Bathrooms And Kitchens. Every toilet room, bathroom
and kitchen shall have adequate ventilation which may be either an
openable window with an operable area of five percent (5%) of the
floor area, mechanical ventilation, or a gravity vent flue constructed
with incombustible material leading to the roof of the building, or
a combination of any of these. The gravity vent shall be computed
at an aggregate clear area of not less than five percent (5%) of the
floor area of the room with a minimum area of at least one hundred
twenty (120) square inches. Gravity vents shall be provided with a
weather cap, directional vane or rotary-type ventilation on the roof.
C.
Adequacy. A ventilating system maintained in a safe and good working
condition which provides a complete change of air for the bathroom
or water closet compartment every fifteen (15) minutes shall meet
the requirements of this Section.
D.
Installation And Maintenance. All plumbing fixtures, water supply
lines, sewer lines and waste disposal systems and their appurtenances
shall be properly installed in accordance with the requirements of
the Plumbing Code of St. Louis County and the City. They shall be
maintained in a safe, sanitary and operating condition free from defects,
leaks and obstructions.
E.
Responsibility Of Occupants And Owner Of Premises. Every occupant
of premises shall be responsible for the exercise of proper care and
cleanliness in the use and operation of all plumbing fixtures, sanitary
facilities, appliances and equipment therein. This liability on the
part of the occupant shall not relieve the owner of the responsibility
of remedying any defect, nor of any other liability imposed upon the
owner by law, but it shall subject the occupant to the penalties of
this Chapter upon proof of any willful or malicious act he/she has
performed.
[Ord. No. 4335 § 2, 11-7-2016]
A.
The National Electrical Code, 2008 Edition, as amended and adopted
by the City of Berkeley as the Electrical Code of the City of Berkeley,
is hereby adopted as so amended as the Mechanical Code of the City
of Berkeley as if it were fully set out herein. Such document and
ordinance are on file with the City Clerk.
[Ord. No. 4643, 11-2-2020]
B.
It shall be unlawful to occupy or permit another to occupy any dwelling
unit for the purpose of living therein which is not adequately and
safely provided with an electrical system in compliance with the requirements
of this Section.
1.
Minimum Requirements. The following shall be considered as absolute
minimum requirements: In dwelling units where the electrical service
is less than one hundred (100) amperes, the service shall be replaced
by a minimum size service of one hundred (100) amperes.
2.
Federal Pacific Panel — Prohibited. Homes built between
1950 and 1990 and equipped with a Federal Pacific Electric (FPE) circuit
breaker panel with Stab-Lok circuit breakers run a significant risk
of breaker malfunction and fire.
3.
Deficiencies. Wherever it is found, in the judgment of the enforcement
official, the electrical system in the building constitutes a hazard
to the occupants or the building by reason of inadequate service,
improper fusing, improper or inadequate grounding of the system, insufficient
outlets, improper wiring or installation, deterioration or damage
or for similar reasons, the defects shall be corrected to eliminate
the hazard. The enforcement official shall base his/her findings of
hazard on accepted engineering practice standards and this City Code.
4.
Number Of Electrical Outlets.
a.
Every habitable room shall contain not less than two (2) separate
and remote wall or approved floor convenience outlets.
b.
Every kitchen shall be provided with at least three (3) separate
and remote wall-type electrical convenience outlets. Any outlet within
six (6) feet of a sink has to be a GFCI (ground fault circuit interceptor).
c.
Every bathroom shall be provided with at least one (1) convenience
outlet. Any outlet within six (6) feet of any water receptacle has
to be a GFCI (ground fault circuit interceptor).
d.
Laundry Area. Every laundry area shall contain at least one
(1) grounded-type convenience outlet of twenty-ampere rating. Any
outlet within six (6) feet of any water receptacle has to be a GFCI
(ground fault circuit interceptor).
e.
Non-Habitable Space. Every bathroom, laundry room, furnace room
and hallway shall contain not less than one (1) ceiling or wall lighting
fixture.
f.
Good Working Order. Every outlet and fixture shall be properly
installed, shall be maintained in good and safe working condition
and shall be connected to the source of electric power in a safe manner.
5.
Hazards Defined. In addition to the hazards established by the
enforcement official, the following installations are prohibited,
and their presence shall be deemed a hazard:
a.
Flush- or semi-flush-mounted floor convenience outlets unless
provided with an approved waterproof cover.
b.
Extension cords for other than short-term, temporary use.
c.
Conductor-supported pendant switches or conductor-supported
light fixtures unless bearing the Underwriters' Laboratory approval.
d.
Loose or hanging wires.
e.
Frayed or bare wires.
f.
Inadequately grounded-type convenience outlets.
g.
Knob And Tube Wiring — Prohibited. Knob and tube system have
no ground wire, and there's no protection when a fault occurs; cannot
service three-pronged appliances. As a result, the risk increases
shocks and fires. Knob and tube wiring shall be replaced by a licensed
electrician — electrical permit required.
[Ord. No. 4643, 11-2-2020]
[Ord. No. 4335 § 2, 11-7-2016]
A.
No person shall occupy, as owner-occupant, or let to another for
occupancy any dwelling or dwelling unit which does not comply with
the following requirements regarding water facilities:
1.
Bathrooms. Every dwelling unit shall contain a room which affords
privacy to a person within said room and which is equipped with a
flush water closet, lavatory basin and bathtub or shower, all of which
are in good working condition and are properly connected to hot and
cold water lines and to an approved water and sewer system.
2.
Kitchen Sinks. Every dwelling unit shall contain a kitchen sink
apart from the lavatory basin required which is in good repair and
in working condition, properly connected to hot and cold water lines
and to an approved water and sewer system.
3.
Water Heating Facilities. Every dwelling unit shall have supplied
water heating facilities which are properly installed, including appropriate
safety devices, such as pressure-relief valve, temperature-relief
valve or energy cutoff devices that are maintained in safe and good
working condition, capable of heating water to a temperature as to
permit an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature of not less
than one hundred forty degrees Fahrenheit (140° F.).
4.
Plumbing Fixtures. Every dwelling unit and structure covered
by this Chapter shall have water lines, laundry standpipes, plumbing
fixtures, vents and drains which are properly installed, connected
and maintained in working order and shall be kept free from obstructions,
leaks and defects and be capable of performing the function for which
they are designed. All repairs and installations shall be made in
accordance with the provisions of the adopted Building and Plumbing
Code of the City.
[Ord. No. 4335 § 2, 11-7-2016]
A.
General Requirements. Every dwelling unit shall have heating facilities
which are capable of safely and adequately heating all habitable rooms,
bathroom and water closet compartments within its walls. Heating units
are not allowed in closet of sleeping areas.
B.
Good Working Condition. The owner shall see that the heating facilities
shall be properly installed, safely maintained and in good working
condition at all times.
[Ord. No. 4335 § 2, 11-7-2016]
A.
General Requirements. Every habitable room shall have natural ventilation
or a mechanical ventilation system adequate for the purpose for which
the room is used.
B.
Toilet Rooms, Bathrooms And Kitchens. Every toilet room, bathroom
and kitchen shall have adequate ventilation which may be either an
openable window with an openable area of five percent (5%) of the
floor area, mechanical ventilation or a gravity vent flue constructed
with incombustible material leading to the roof of the building or
a combination of any of these. The gravity vent shall be computed
at an aggregate clear area of not less than five percent (5%) of the
floor area of the room with a minimum area of at least one hundred
twenty (120) square inches. Gravity vents shall be provided with a
weather cap, directional vane or rotary-type ventilation on the roof.
C.
Adequacy. A ventilating system maintained in a safe and good working
condition which provides a complete change of air for the bathroom
or water closet compartment every fifteen (15) minutes shall meet
the requirements of this Section.
[Ord. No. 4335 § 2, 11-7-2016]
A.
General Egress. Every dwelling unit shall have a safe and unobstructed
means of egress leading to safe and open space outside at the ground
level. Passage through such exit shall not lead through any other
dwelling unit.
B.
Structures With Three Or More Stories. All habitable structures of
three (3) or more stories with dwelling units occupying the third
or higher story shall be provided with two (2) separate, usable, unobstructed
means of egress for each dwelling unit located above the second story.
C.
Easy Egress Mandatory. Every door available as an exit shall be capable
of being easily opened from the inside. Deadbolt locks are prohibited.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Real Property Owners Jointly And Severally Responsible For Obtaining
Occupancy Permit. All real property owners within the City of Berkeley
shall be responsible jointly and severally with any tenant for obtaining
an occupancy permit prior to entering upon or allowing a tenant to
enter upon for the purpose of occupancy, any real property within
the City.
B.
Applicability. This Section shall not apply to any occupancy in existence
at the effective date hereof and until a change of occupancy occurs.
C.
Scope. Except as otherwise provided, it shall be unlawful for any
person or family to occupy or for any owner or agent thereof to permit
the occupation of any dwelling, dwelling unit or addition thereto
or part thereof for any purpose until an occupancy permit has been
issued by the enforcement official. The occupancy permit shall not
be issued until all violations of this Chapter have been brought into
compliance. The occupancy permit so issued shall state the occupancy
complies with all of the provisions of this Chapter.
D.
Contents Of Occupancy Permit. The occupancy permit shall state the
names, dates of birth, relationships and number of occupants of the
dwelling unit. It shall be unlawful for any person to knowingly make
any false statements in his/her application for an occupancy permit
as to the names, dates of birth, relationships or number of occupants
of the dwelling unit. No more than one (1) "family," as defined in
this Chapter, shall occupy each dwelling unit. All persons who occupy
the premises of a dwelling unit must be listed on the occupancy permit
or be subject to the penalties provided in this Chapter. Occupancy
is based on occupant load of the structure. 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.
[Ord. No. 4643, 11-2-2020]
F.
Inspection Report. The City's inspection report is valid for ninety
(90) days after inspection compliance, or it will be necessary to
reinspect the building at the above fees.
[Ord. No. 4730, 10-3-2022]
G.
Time For Issuance. Once the building complies with the requirements
of the Building Commissioner, the occupancy permit must be issued
within ninety (90) days or it will be necessary to reinspect the building
at the established fees.
[Ord. No. 4730, 10-3-2022]
H.
Change Of Occupancy.
1.
Report Required. Every dwelling unit in which a change of occupancy
is to occur must be reported by the owner, real estate broker and/or
agent to the City so that the enforcement official may inspect the
structure according to the provisions of this Chapter. Upon inspection,
he/she shall determine the number of occupants which can be housed
in the dwelling unit without creating a health or safety hazard. Failure
to make such report shall constitute a violation of this Chapter,
and the person responsible for the failure shall be subject to the
penalties hereof.
I.
Conditional Occupancy Permit. A conditional occupancy permit may
be issued by the enforcement official if, in his/her judgment, any
deficiencies in structures covered by this Chapter would not seriously
endanger the health or safety of the occupants or the community and,
provided, that the occupant makes an affidavit stating that he/she
will correct deficiencies within a specified time and thus bring the
structure into compliance with the provisions of this Chapter. The
occupant may then occupy the dwelling unit while repairs are being
made. When the dwelling complies with all the provisions of this Chapter,
an occupancy permit will be issued as provided above with the qualifications
as set out in this Section.
[Ord. No. 4335 § 2, 11-7-2016]
Valid State-issued driver's license, valid State-issued ID (not
membership cards), marriage certificates, valid passports, green card,
or visas, birth certificates and valid foreign identification will
be accepted.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Enforcement Official. It shall be the duty and responsibility of
the Building Commissioner to enforce the provisions of this Chapter.
No order for correction of any violation under this Chapter shall
be issued without the approval of the enforcement official.
B.
Inspections.
1.
The enforcement official is authorized and directed to make
inspections to determine whether dwellings, dwelling units, rooming
units, accessory structures and premises located within the City conform
to the requirements of this Chapter. For the purpose of making such
inspections, the enforcement official is authorized to enter, examine
and survey at reasonable times all unoccupied dwellings, dwelling
units, rooming units, accessory structures and premises. The owner
or occupant of every dwelling unit, rooming unit, accessory structure
and its premises shall give the enforcement official access thereto
at reasonable times for the purpose of such inspection, examination
and survey.
2.
If any owner, occupant or other person in charge of a structure
subject to the provisions of this Chapter refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to every
part of the structure or premises where inspection authorized by this
Chapter is sought, the enforcement official shall send the owner or
occupant written notice of his/her right of entry. The notice shall
set forth the day on which the entry will be sought and the name of
the authorized representative. If the enforcement official is refused
access to any said premises after written notice has been sent, the
enforcement official may seek, in a court of competent jurisdiction,
an order that such owner, occupant or other person in charge cease
and desist with such interference.
3.
Inspections shall be initiated under the following circumstances:
a.
Application for any occupancy permit made by owner, real estate
broker, agent or tenant must show proof of right to request occupancy
permit. This can be done through deed, contract of purchase signed
by owner, real estate agreement signed by owner, copy of rent receipt
signed by owner or any other proof as required by the enforcement
official.
b.
When, on the basis of a signed complaint or his/her personal
observation, the enforcement official reasonably suspects that a dwelling
unit has code violations and as such constitutes a health and/or safety
hazard.
c.
Prior to any dwelling house, dwelling unit or commercial building
being rented, sold or leased, it shall be required of the owner of
the building to obtain a City inspection. It shall be the responsibility
of the owner, agent of the owner and the real estate company to make
the inspection certificate available to the purchaser prior to closing.
C.
Access By Owner Or Operator. Every occupant of a structure or premises
shall give the owner or operator thereof or his/her agent or employee
access to any part of such structure or its premises at reasonable
times for the purpose of making such inspections, maintenance, repairs
or alterations as are necessary to comply with the provisions of this
Chapter.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Notice.
1.
Contents. Whenever the enforcement official finds evidence of
a violation of any provision of this Chapter, he/she shall declare
a public nuisance and give notice of same to the person responsible
hereunder. Such notice shall:
a.
Be in writing;
b.
Include a statement of each of the provisions of this Code being
violated;
c.
Include a statement of the corrective action required to cure
such violation;
d.
Specify the period of time within which such remedial action
shall be taken, which time shall be a reasonable period of time under
all the circumstances; and
2.
Notice Served. Notice of violation shall be served by delivering
a copy to the owner or his/her agent or the occupant, as the case
may require; provided, that such notice shall be deemed to be properly
served if a copy thereof is delivered to the owner or his/her agent
or the occupant personally or, if such person cannot be found, by
sending a copy of the notice by registered or certified mail with
return receipt requested to the person's last known address or, if
same cannot be delivered, by posting a copy of such notice in a conspicuous
place in or about the building affected by the notice. The notice
shall be deemed served on the date served or received or ten (10)
days after posting as herein provided. If service cannot be had by
any of these means, then service may be had by publication in a legal
newspaper of general circulation within the City.
B.
Remedy Of Defects. The owner of any building shall have ten (10) days from the issuance of the notice provided for in Subsection (A) of this Section in which to bring the condition into compliance except when emergency conditions shall require immediate action as provided in this Chapter; provided, however, that the enforcement official may, at his/her discretion, extend the time for compliance with any such notice; provided, further, that said extension is requested within the above stated ten (10) days, and no more than thirty (30) days.
C.
Reinspection. At the time when the defects have allegedly been brought
into compliance, the enforcement official shall reinspect the dwelling,
dwelling unit, rooming unit, accessory structure and its premises.
At this time, he/she shall make a complete inspection, taking particular
notice that the violations previously noted have been brought into
compliance and that no new violations have come into existence in
the time which has elapsed since the first inspection.
D.
Vacant Structures. The City shall be authorized to impose a semiannual
registration fee of two hundred dollars ($200.00) to be paid by the
owner of any residential structure in the City which has been vacant
for six (6) months or more and is in violation of the City's Housing
Codes. Refer to adopted section: http://ecode360.com/28800868?highlight=structures,structure,vacant#28800868.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Building Permit Required. No structure shall be constructed, erected, reconstructed or altered in any way unless a construction permit has been issued by the Building Commissioner, including, but not limited to, the following permits required: any new or existing building; building additions or alterations; room additions; plumbing, electrical or mechanical work, decks (above grade wood) or patio covers, including handicapped ramps; driveway, replacement or new driveway; driveway apron replacement or new driveway apron; adjoining sidewalk replacement or new adjoining sidewalk; walkway replacement or new walkway; porch or step construction or replacement; fence construction or replacement; tool shed/storage shelter construction or replacement (must be on concrete pads); carport construction or replacement; retaining wall construction; garage construction and swimming pool construction. Building Codes adopted in Section 500.010. http://ecode360.com/28800307.
B.
Definition. Whenever the term "structure" is used herein, it shall
mean any building, outbuilding, garage, carport, fence, driveway,
sidewalk, deck, porch, retaining wall or any part or portion thereof.
C.
Application For Permit. Application for a construction permit shall
be made pursuant to procedures set by the Building Commissioner and
filed with the office of the City Clerk.
D.
Issuance Of Permit. The Building Commissioner shall issue the construction permit only upon a finding that the structure will conform to all applicable ordinances of the City. If no violations are noted, the Building Commissioner shall issue a construction permit which shall be valid for one hundred eighty (180) days from the date of issue unless revoked by the Building Commissioner for further violations of City ordinance and shall be renewable once for no longer than one (1) additional one-hundred-eighty-day period for a fee outlined in Appendix A, fee schedule, in Chapter 500 of the adopted Code.
F.
Filing Of Plans. All applications for building permits shall be accompanied
by plans in triplicate [three (3) copies], drawn to scale, showing
the actual shape and dimensions of the lot to be built upon, the exact
size and location on the lot of the buildings and the lines within
which the buildings or structures shall be erected or altered, the
existing and intended use of each building or part of building, the
number of families the building is designed to accommodate and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
Section. One (1) copy of such plans shall be returned to the owner
when such plans shall have been approved by the Building Commissioner.
G.
All dimensions shown on those plans relating to the location and
size of the lot to be built upon shall be based on an actual survey.
The lot and the location of the building thereon shall be staked out
on the ground before construction is started.
[Ord. No. 4335 § 2, 11-7-2016]
A.
Jurisdiction Of The Board Of Adjustment. The zoning Board of Adjustment
shall have jurisdiction under this Section to hear and decide appeals
where it is alleged by any aggrieved person that there is an error
in any order, requirement, decision or determination made by the enforcement
official or any other person charged with the enforcement of this
Chapter.
B.
Appeal From Decision — Procedure For Filing.
1.
Any appeal herein shall be taken within thirty (30) days after
the decision is rendered by filing with the City a notice of appeal,
specifying the grounds therefor and by depositing with the City the
sum established in Appendix A, fee schedule,[1] as a filing fee.
2.
The enforcement official shall forthwith submit to the Board
of Adjustment a copy of this notice of appeal together with all the
papers constituting the record upon which the action appealed from
is taken.
C.
Stay Of Proceedings Of Action Appealed From — Exception. An
appeal pursuant to this Section shall stay all proceedings in furtherance
of the action appealed from unless the enforcement official shall
certify to the Board of Adjustment, subsequent to the filing of any
notice of appeal, that by reason of the facts stated in the certificate,
a stay would cause imminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by the order of any
court of competent jurisdiction.
D.
Information To Be Furnished To Board. It shall be the duty of the
Building Commissioner or designated enforcement official to furnish
the Board of Adjustment, upon request, with copies of reports of any
or all inspections made by such official in the matter on appeal and
to furnish such other information as may be available and requested
by the Appeal Board.
E.
Notice And Hearing. The Board of Adjustment shall fix a time and
place for the hearing of appeals. Such hearing shall be had within
a reasonable time after the filing of the notice of appeal. Notice
of such hearing shall be given to the appellant by being mailed, post
paid, to his/her permanent address at least ten (10) days prior to
the date set for hearing or to his/her attorney of record.
F.
Action And Decision Of Board.
1.
In exercising the powers enumerated in this Chapter, the Board
of Adjustment may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination as ought to be made.
2.
The action of the zoning Board of Adjustment shall not become
effective until after the resolution of said Board of Adjustment setting
forth the reason for its decision and the vote of each member participating
therein has been spread upon the minutes. Such resolutions immediately
following the Board's final decision shall be filed in the office
of the City Clerk and shall be open to public inspection.
G.
Review Of Decisions Of Board. Any appeal from the decision of the
Board of Adjustment shall be made pursuant to the Administrative Procedures
Act of the State, and the review from the decision shall be had to
the Circuit Court of the County on the record.
[Ord. No. 4335 § 3, 11-7-2016]
Any person violating any of the provisions of this Chapter or
the code adopted in this Chapter shall be deemed guilty of a misdemeanor
where the court may impose fines or penalties.
