19.40.100 Notices of the Building Official.
1001--Commencement of Proceedings
When the Building Official or an authorized representative has inspected or caused to be inspected any building subject to this Code and has found and determined that such building either has substandard conditions or is a substandard building which substantially endangers the health and safety of residents or the public, the Building Official may commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. Depending on the severity of conditions, the Building Official may begin enforcement efforts by issuing one or more Notices of Violation as set forth in Sections 1002 or may proceed immediately to issuing a Notice and Order including a declaration of substandard building as set forth in Section 1003.
If substandard conditions are not abated following issuance of one or more Notices of Violation or if conditions deteriorate to the point they substantially endanger the health and safety of residents or the public, the Building Official may proceed to issuing a Notice and Order.
1002--Notice of Violation
1002.1 Issuance of Notice of Violation. Whenever an inspector appointed by the Building Official inspected a building or portion thereof and determined that a violation of this Code exists, the inspector shall issue a written Notice of Violation directed to the owner of record of the property. For the purpose of this Code, complying with a Notice of Violation is considered voluntary code compliance, not subject to administrative penalties or appeals to the Commission. The intent of issuing a Notice of Violation is to advise an owner of each violation and of each action the owner is required to take to remedy the violation. A re-inspection shall be scheduled to verify correction of the violations.
The Notice of Violation shall contain:
A. The street address sufficient for identification of the premises upon which the building is located.
B. Description of the codified violation(s).
C. The specific action required to correct the violation and a request that the violations be corrected within the specific time period listed in the Notice.
D. The scheduled re-inspection date and time.
E. The Notice shall specify that any permits, if required, be secured and the work physically commenced and completed within such time as the Building Official shall determine is reasonable under all of the circumstances, but not less than 30 days, unless an immediate hazard exists
1002.2 Service of Notice of Violation. The Notice of Violation may be served by US mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at their last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such Notice is directed, or may be served personally on the owner, or if the owner is not present, a copy of the Notice may be posted on the property. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
1002.3 Compliance Re-inspections. Compliance re-inspections shall be conducted to verify that the violations identified on the Notice of Violation have been abated. Violations not noted on the initial Notice of Violation, but discovered during any re-inspection due to subsequent activities, damage or deterioration, shall also be subject to correction.
1002.4 Inspection Service Fees. No inspection fees shall be charged for the initial housing inspection or inspection report. If violations have been verified to be corrected at the time of the first re-inspection, no re-inspection fees shall be charged. If the violations have not been corrected, a fee shall be assessed for the first and subsequent re-inspections, in accordance with the fee schedule established by Council.
1002.5 Recordation of Notice of Violation. If compliance with the Notice of Violation is not obtained within the time specified therein, the Building Official may file in the Office of the County Recorder a Notarized Statement describing the property and certifying (i) that the building is in violation of Berkeley Municipal Code, and (ii) that the owner has been so notified. The notarized statement shall include the information set forth in Subsections 1002.1.B and 1002.1.C of this Code. Whenever the cited corrections are completed and any outstanding inspection service fees paid, the Building Official shall file a new Notarized Statement with the County Recorder certifying that all required corrections have been made so that the building is no longer in violation of Berkeley Municipal Code.
1003--Notice and Order
1003.1 Issuance of Notice and Order. Whenever a building, or portion thereof, has been determined to be a substandard building, which substantially endangers the health and safety of residents or the public, either due to the severity of substandard conditions or due to failure to repair pursuant to proceedings specified in Section 1002, the Building Official shall issue a Notice and Order directed to the owner of record of the building.
The Notice and Order shall contain:
A. The street address and a legal description sufficient for identification of the premises upon which the building is located.
B. A statement that the Building Official has found the building to be a substandard building substantially endangering the health and safety of residents or the public, with a brief and concise description of the conditions which render the building substandard under the provisions of Sections 901 and 902 of this Code.
C. A statement of the action required to be taken as determined by the Building Official. If in the opinion of the Building Official, the substandard conditions can be corrected or abated by repair thereof, the Notice shall state the repairs which will be required.
(1) If the Building Official has determined the building or structure must be repaired, the Order shall require that all required permits be secured and the work physically commenced within such time (not to exceed 60 days from the date of the Order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances, but not less than 30 days.
(2) If the Building Official has determined that the building or structure must be vacated, the Order shall require the building or structure be vacated within a certain time from the date of the Order as determined by the Building Official to be reasonable, but not less than 30 days.
(3) If the Building Official has determined the building or structure must be demolished, the Order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed 60 days from the date of the Order), that all required permits be secured within 60 days from the date of the Order and the demolition be completed within such time as the Building Official shall determine is reasonable, but in no event less than 30 days.
D. Statements advising that if any required repair or demolition work is not commenced within the time specified, the Building Official may:
(1) Order the building vacated and posted to prevent further occupancy until the work is completed; and
(2) Proceed to cause the work to be done and charge the costs thereof against the property or its owner.
E. Statements advising that:
(1) Any person having any record or title or legal interest in the building may appeal the Notice and Order or any action of the Building Official to the Commission as set forth in Chapter 19.44 of this Code; and
(2) Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. The Notice shall include a copy of Chapter 19.44 of this Code.
F. A statement that, in accordance with Revenue & Taxation Code Sections 17274 and 24436, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.
G. A determination whether the repairs necessary to abate the violation(s) can reasonably be accomplished without relocation of the tenant household in possession of the unit or room as set forth in Chapter 13.84 Section 13.84.050 of the Berkeley Municipal Code.
1003.2 Service of Notice and Order. The Notice and Order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records; 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 or to the building or the land on which it is located. The failure of the Building Official to serve any person listed above 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. In addition, the Notice and Order shall be served on tenants.
1003.3 Method of Service. Service of the Notice and Order shall be made upon all persons entitled thereto either personally or by mailing a copy of such Notice and Order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last Equalized Assessment Roll of the County or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the Notice and Order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such Notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Service on tenants may be by first class mail.
1003.4 Proof of Service. Proof of Service of the Notice and Order shall be certified to at the time of service by a written declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official, either as an electronic record or a hard copy. The proof of service may be signed with an electronic signature.
1003.5 Appeals. Orders of the Building Official may be appealed as set forth in Chapter 19.44. For purposes of this Code, orders of the Building Official, or, on appeal, of the Commission or City Council, shall be final as set forth in Chapter 19.44.
1004--Repair, Vacation and Demolition
In ordering the repair, vacation or demolition of any substandard building or structure, the following standards shall be followed:
A. In general, any building or structure or portion thereof declared substandard shall be repaired in accordance with the current Building Code or other current code applicable to the type of substandard conditions requiring repair.
B. If the building or structure, or portion thereof, substantially endangers the health or safety of its occupants or the public, it shall be ordered to be vacated, secured and maintained against entry, and the Building Official or Commission shall require its expeditious repair.
C. If a building or structure constitutes an imminent and substantial danger to the health or safety of the public, Chapter 1.24 of the Berkeley Municipal Code shall apply.
D. If an entire building or structure is declared to be substandard the owner may elect to demolish it instead so long as the right to such election is preserved by state law.
1005--Notice to Vacate
1005.1 Posting. Every Notice to Vacate shall, in addition to being served as provided in Sections 1003.2--1003.5, be posted at or upon each main exit of the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official of City of Berkeley
1005.2. Compliance. Whenever such Notice is posted, the Building Official shall include a notification thereof in the Notice and Order issued under Section 1003, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under Permit. No person shall remove or deface any such Notice after it is posted until the required repairs or demolition have been completed and the Building Official has approved occupancy of the building. Any person violating this subsection shall be guilty of a misdemeanor.
1006--Recordation of Notice and Order
If compliance is not obtained with a final Order within the time specified therein, the Building Official shall file in the Office of the County Recorder a Certified Statement describing the property and certifying (i) that the building is a substandard building, and (ii) that the owner has been so notified. The certified statement shall include the information set forth in Subsections 1003.1.B and 1003.1.C. The Proof of Service required by Section 1003.4 shall also be recorded with the Notice and Order. Whenever the corrections ordered are thereafter completed, or the building demolished so that it no longer exists as a substandard building, the Building Official shall file a new Certified Statement with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.
1007--Post-Disaster Safety Assessment
After a natural or human-caused disaster event, the Building Official or an authorized representative shall conduct a rapid safety assessment inspection of a damaged or potentially damaged building or portion thereof to evaluate safety and habitability for continued use and to determine the need for restricted or prohibited entry. Upon completion of a safety assessment, the Building Official or an authorized representative shall post the appropriate placard at each entry point to a building following the procedure set forth in Berkeley Municipal Code 19.28.020 Section 116.6. (Ord. 7840-NS § 2, 2022)