19.40.140 Recovery of Costs for Housing Code Enforcement and Administration.
1401--Fees
1401.1 Establishment of Fees. The City Council may by resolution establish fees for the enforcement and administration of the Berkeley Housing Code and the Rental Housing Safety Program.
1401.2 Recovery of Delinquent Housing Inspection Program Fees and Administrative Citations. Unpaid housing inspection program fees established pursuant to this section, including annual flat fees, inspection service fees, late payment fees, administration lien fees, and administrative citations, which are more than 30 days delinquent shall constitute a debt that is collectible in any manner allowed by law, including, but not limited to: (1) the filing of a civil action in the Alameda County superior court; and/or (2) the recordation of a lien with the Alameda County recorder’s office provided the responsible person has a legal interest in the property on which the violation was located; and/or (3) by means of a special assessment with Alameda County for inclusion on property taxes provided the responsible person has a legal interest in the property on which the violation was located; and/or (4) by denying the issuance or renewal of any city approval, license, entitlement, or permit to any responsible person who has failed to pay fees that are imposed pursuant to this section. The remedies may be concurrently used to collect unpaid fees. Such delinquent fees or citations shall be a lien or special assessment on the property.
1401.3--Appeals.
A. Any person aggrieved by any decision of an administrative officer or agency with respect to the amount of fees charged under the Rental Housing Safety Program, may appeal to the City Manager by filing a notice of appeal with the City Manager within 14 days of the billing notice, setting forth in full the grounds of the appeal.
B. Said appeal shall be scheduled for hearing by the City Manager or his/her designee, and the appellant shall be given no less than 14 days’ notice of the time and place of said hearing.
C. The appellant may appear at the time and place fixed in the notice and present his/her appeal. If the appellant fails to appear in compliance with the notice or to obtain a continuance, the appellant shall be deemed to have waived any and all grounds of appeal that could have been asserted against the City.
D. Within 30 days after the conclusion of the hearing, the City Manager or his/her designee shall notify the appellant in writing of the decision, which shall be final. If the decision establishes an amount due and payable, the total amount shall be due and payable as of the date the original fee was due and payable, together with any penalties that may be due.
1401.4--Lien or Special Assessment Procedures.
Unless a different procedure is authorized elsewhere in this code, where the code authorizes the city to record a lien or impose a special assessment for any unpaid fee, citation, fine, cost, charge, or other monies, the following procedures shall apply:
1. Notification Procedure
A lien may be recorded or a special assessment may be imposed upon real property subject to the Rental Housing Safety Program if the unpaid fees or citations are not paid within 30 calendar days of written Notice thereof.
A. Such Notice must have advised the owner(s) of the subject property in plain language of the city’s intent to record a lien or impose a special assessment if the fee, citation, fine or other monies were not paid within 30 calendar days, the amount of the proposed lien, a description of the basis for the amount(s) comprising the lien, and notice that if the owner contests the costs, they have ten calendar days from the date of service of the notice to file objections to the costs and request a hearing on the reasonableness of the costs. The failure of the owner to request a hearing within ten calendar days of the date of service of the Notice shall constitute a waiver of the owner’s right to a hearing.
B. Service of Notice under this section shall be by first class and certified mail to the address of record of the owner of the property per Alameda County’s Assessor’s Office.
C. Where the City Council designates another hearing body should the property owner(s) exercise their right to be heard, the hearing body shall make a written recommendation to the City Council that shall include factual findings based on evidence introduced at the hearing. The City Council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the City Council.
2. Liens
A. The lien shall be recorded in the Alameda County recorder’s office and from the date of recording shall have the force, effect, and priority of a judgment lien.
B. A lien authorized by this section shall specify the amount of the lien for the city, the name of the city department or division on whose behalf the lien is imposed, the date upon which the lien was created, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
C. In the event that the lien is discharged, released, or satisfied, notice of the discharge shall be recorded by the city.
D. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien.
3. Special Assessments
A. It shall be the duty of the City Manager (or designee thereof) to submit the charges to the Alameda County Auditor--Controller Agency to add the amounts of the assessment, or assessments, to the next regular property tax bills.
B. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment.
C. The amount of a special assessment shall also constitute a personal obligation of the property owner.
1401.5 Failure to Comply. Any person violating any provision or failing to comply with any of the requirements of the Berkeley Housing Code shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 7840-NS § 2, 2022)