19.44.020 Housing Advisory Commission.
A. Creation. There is created a Housing Advisory Commission in the City of Berkeley. The Housing Advisory Commission shall consist of nine members. Appointments to said Commission shall be filled in accordance with provisions of the Berkeley Municipal Code, Sections 2.04.040 and 2.04.140, enacted by the voters of the City. All members shall be residents of the City.
B. Jurisdiction. The jurisdiction of the Commission shall extend the following manners and proceedings, as well as to any other matter made subject to its jurisdiction by any other chapter of this code, or by the Zoning Ordinance.
1. The Commission shall hear and determine appeals of all matters respecting the abatement of substandard or deficient buildings pursuant to the provisions of Chapter 19.40 of this code.
2. The Commission shall review and advise the Council on matters respecting the Community Development Block Grant and Emergency Shelter Grant Programs.
3. The Commission shall serve as a General Appeals Board for tenants and landlords regarding the correction of code violations as provided in Chapter 12.48 of this code, providing for periodic inspection of residential rentals and hotels.
4. The Commission shall make recommendations to the Council defining hardship categories and shall hear appeals concerning the designation of the hardship category. The Commission may grant time extensions for compliance in hardship cases, excepting those violations which pose a clear and present danger to human life, health and safety.
5. The Commission shall make recommendations to the City Council regarding code enforcement priorities.
6. The Commission shall monitor code enforcement procedures to ensure adherence to Council policies and shall make recommendations for changes in such procedures to the City Council.
7. The Commission shall be the Board of Appeals for the Uniform Housing Code. In order to determine the suitability of alternative materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, the City’s Code Review Task Force shall serve as the Technical Advisory Committee to the Commission. When serving in this capacity, the Technical Advisory Committee shall render all recommendations in writing to the Commission with a duplicate copy to the Building Official and the appellant and may recommend such new legislation as is consistent therein.
8. The Commission shall be the Relocation Appeals Board for purposes of Chapter 13.84.
9. The Commission shall hear appeals brought by any person regarding actions taken by the Building Official pursuant to Division 13, Page 5.5 of the California Health and Safety Code, beginning with Section 19950 (Disabled Access).
10. The Housing Advisory Commission shall review and advise the City Council on housing policy, housing programs, and related issues. In particular, the Commission shall make recommendations on how and to what extent the City should establish and fund programs to increase the supply of affordable housing and protect residents of Berkeley from homelessness. This includes and is not limited to oversight and recommendations for all voter-approved bonds and ballot measures dedicated to affordable housing to ensure that expenditures are consistent with the intent of the measures. The City Manager shall provide the Commission with copies of all reporting requirements required by measures under the Commission’s purview. These recommendations may be made annually or biannually, as the Commission deems appropriate in light of the City’s budget cycle and other relevant funding cycles. The Commission’s recommendations shall be promptly published on the City’s website and transmitted to the City Council. The City Council shall consider, but need not follow, the Commission’s recommendations, and shall annually inform the Commission as to the extent to which it has implemented the recommendations.
C. Automatic Termination of Appointment. The appointment of any member of the Commission who has been absent from three consecutive regular meetings shall automatically terminate as hereinafter set forth. The Secretary of the Commission shall report the attendance record of each member of said Commission to the City Clerk at the end of each six months’ period, the first report after the date on which the ordinance codified in this chapter becomes effective to be made on July 1, 1985, and to cover the period from January 1, 1985 to June 30, 1985. The City Clerk shall notify any member whose appointment has automatically terminated and report to the City Council that a vacancy exists on said Commission and than an appointment should be made for the unexpired term. (Ord. 7782-NS § 1, 2021; Ord. 7523-NS § 4, 2016: Ord. 7367-NS § 1, 2014: Ord. 6475-NS § 11 (part), 1999)