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A. Contents of Notice and Order. When the Building Official determines that a building is within the scope of this Chapter, the Building Official shall issue a notice and order as provided herein. The notice and order shall specify that the building has been determined by the Building Official to be within the scope of this Chapter, placed on the inventory, and, therefore, is required to meet the provisions of this Chapter unless removed on appeal. The notice and order shall specify the building type classification, if known, and shall set forth the owner’s obligations under this Chapter, the time limits for compliance, and appeal rights. The Building Official’s determination shall be final at the end of 180 days unless a timely request for reconsideration is filed as provided below.

B. Service of Notice and Order. The notice and order shall be in writing and may be given either by personal delivery thereof to the owner or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the owner of the property as shown on the last equalized assessment roll of the county, or as known to the Building Official, as well as to the following, if known: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the building or the land on which it is located. The failure to serve any person required herein to receive service shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Section.

C. Appeal to Building Official. Any person entitled to service of notice under the preceding subdivision may request the Building Official to reconsider a determination to include a building on the inventory by submitting information that the building’s ground floor is not soft, weak, or open as defined by the applicable standard, that the building has been substantially reconstructed in accordance with the 1976 or later Uniform Building Code, or that the building has been retrofitted in compliance with Article 5 of the current Berkeley Building Code or the IEBC. The request for reconsideration shall be filed within 180 days from the date of the service of such notice and order of the Building Official.

D. Appeal to Housing Advisory Commission. Any person entitled to service of notice under the preceding subdivision who disagrees with the decision of the Building Official on reconsideration pursuant to that subdivision may appeal within 30 days of the date of notice of the Building Official’s decision to the Housing Advisory Commission (HAC) as provided for in BMC Chapter 19.44. For purposes of this Chapter, the appeal shall be set for hearing at the next regular HAC meeting more than 20 days, but not more than 60 days, from the date of filing of the appeal, provided that the Commission may set the hearing at a different time for good cause.

E. Recordation. Once the Building Official’s determination is final, the Building Official shall file with the Office of the County Recorder a certificate stating that the subject building is within the scope of this Chapter, unless the property has been removed from the inventory. The certificate shall also state that the owner thereof has been ordered to conduct a structural analysis of the building in compliance with this Chapter. When a building is removed from the inventory, the Building Official shall promptly file with the Office of the County Recorder a certificate so stating.

F. Costs of Additional Compliance Actions. In addition to any penalties authorized by the Berkeley Municipal Code, an owner who fails to comply with the provisions of this Chapter may be charged reasonable fees, as adopted by City Council resolution, to compensate for staff time spent to bring the building into compliance. (Ord. 7318-NS § 1 (part), 2013: Ord. 6883-NS § 1 (part), 2005)