Definitions.
The following words, terms and phrases, when used in this Section,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
CHRONIC NUISANCE PROPERTY
Property, or dwelling unit in a multiple unit complex upon
which two (2) or more nuisance activities within a six-month period
have occurred as a result of any two (2) separate factual events that
have been independently investigated by any law enforcement agency.
CONDITIONAL LICENSE
A temporary residential non-owner-occupied license issued
to permit the rental or occupancy of a person or persons other than
the owner or owners of a residential unit or structure that has a
violation or violations of applicable regulations, or to permit the
rental or occupancy of a person or persons other than the owner or
owners of a residential unit or structure prior to attendance by the
landlord, or a designated agent/manager, at the required crime free
housing seminar.
CONTROL
The ability to regulate, restrain, dominate, counteract,
or govern conduct that occurs on that property.
CRIME FREE HOUSING SEMINAR
A seminar sponsored by the Berkeley Police Department to
provide information to owners of non-owner-occupied residential properties,
and/or their designated managers or agents regarding the requirements
of this Section, including the crime free housing lease addendum.
CRIME FREE HOUSING COORDINATOR
The person, designated by the Chief of Police, who maintains
records of all landlords, owners of non-owner-occupied residential
properties, and/or designated agent/manager, who have attended the
crime free housing seminar, along with the dates of attendance and
verification that the landlord or designated agent/manager has otherwise
complied with the City's Code to be eligible for issuance or renewal
of a residential rental license.
DWELLING
A structure, or portion thereof, which is wholly or partly
designed for or used for human habitation.
DWELLING UNIT
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.
DWELLING, DUPLEX
A detached building designed for or occupied by two (2) families
living independently of each other.
DWELLING, MULTIPLE
A building or portion thereof used or designed as a residence
for three (3) or more families living independently of each other
and doing their own cooking in said building, including apartments,
apartment hotels and group houses.
LICENSE (PERMIT)
Any type of permit issued by the City of Berkeley, including
the annual landlord license.
LICENSE CLERK
A staff member who issues licenses or permits; obtains necessary
information, record data, advises applicants on requirements, collects
fees, and issues licenses.
NON-OWNER-OCCUPIED RESIDENTIAL PROPERTY
Any residential property that is occupied solely by a person
or person other than the owner or owners of said property. This includes
multi-family rental properties.
NUISANCE ACTIVITIES
Any of the following activities, behaviors, or conduct, as
defined by Federal, State, or City ordinance.
f.
Possession, manufacture, or delivery of controlled substances;
h.
Assault or battery, or any related offense;
j.
Trafficking in persons, involuntary servitude, and related offenses;
k.
Criminal damage to property;
l.
Possession, cultivation, manufacture, or delivery of cannabis;
m.
Illegal consumption or possession of alcohol;
n.
Public nuisance in the Model Housing Code, defined in the City's
most current version;
o.
Structure unfit for human occupancy as defined in the City's
most current version of the International Property Maintenance Code;
p.
Unsafe structure as defined in the City's most current version
of the International Property Maintenance Code;
q.
Unlawful structure as defined in the City's most current version
of the International Property Maintenance Code;
r.
Multiple and serious violations of the City's most current version
of the International Property Maintenance Code continuing after disposition
of a housing court complaint for those violations;
s.
Activity that constitutes a violation of a felony or Class A
misdemeanor pursuant to a Federal or Missouri Statute;
t.
A violation of City Code pertaining to loud, disturbing, and unnecessary noises as defined in Section
215.010;
u.
Any violation of the methamphetamine regulations as defined in Section
215.070;
v.
Recreational activity in street, Section
210.2280;
w.
Lewd and lascivious behavior, loud music and/or noises, Section
215.010(O)(15);
x.
Failure to maintain property, 215.060, and Ch.
510;
z.
A violation of Section
235.015,
210.525, 215.010(O)(10), Garbage/rubbish/litter;
ab.
Dangerous Buildings as defined in Section
505.020, having a dangerous building and/or conditions that threaten he physical health of a person;
ac.
Rodent and insect infestation, Chapter
545;
ad.
Having derelict vehicles and/or equipment, Section
215.050;
ag.
Stagnant water, Section 215.010(O)(3);
ah.
Leaves, brush must be bagged, Section 215.010(O)(15);
aj.
A violation of Title III, Traffic Code, Residential parking
areas, of the Berkeley City Code.
ak.
A violation of Title III, Traffic Code, Prohibited front yard
parking, of the Berkeley City Code.
There foregoing shall not include, however, contacts made to
police or other emergency services, if:
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(1)
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The contact was made with the intent to prevent or respond to
domestic violence or sexual violence;
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(2)
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The intervention or emergency assistance was needed to respond
to or prevent domestic violence or sexual violence;
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(3)
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The contact was made by, or on behalf of, or otherwise concerns
an individual with a disability and the purpose of the contact was
related to that individual's disability;
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(4)
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An incident or incidents of actual or threatened domestic violence
or sexual violence against a tenant, household member, or guest occurring
in the dwelling unit or on the premises; or
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(5)
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Criminal activity or a local ordinance violation occurring in
the dwelling unit or on the premises that is directly relating to
domestic violence or sexual violence, engaged in by a tenant, member
of a tenant's household, guest, or other party and against a tenant,
household member, guest, or other party.
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OCCUPANCY
The person or person residing in or in possession or control
of a residential property.
OCCUPANCY PERMIT
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 Chapter
500, and Ord. No. 4335 §1, 11-07-2016. It shall be unlawful for any person to knowingly make any false statement in his/her application for an occupancy permit. An occupancy permit shall be obtained before allowing tenancy.
OWNER
Any person, partnership, land trust, or corporation having
any legal or equitable interest in the property. Owner includes, but
is not limited to:
a.
A mortgagee in possession in who is vested.
b.
All or part of the legal title to the property.
c.
All or part of the beneficial ownership and the rights to the
present use and enjoyment of the premises.
e.
Any person acting as an agent of an owner as defined herein.
PERMIT
To suffer, allow, consent to and acquiesce by failure to
prevent, or expressly assent or agree to the doing of an act.
PERMITS (LICENSE)
Any type of permit issued by the City of Berkeley, including
the annual landlord license.
PERSON
Any natural person, association, partnership, corporation,
or other entity capable of owning, occupying, or using property in
the City.
PERSON IN CHARGE
Any person in actual or constructive possession of a property,
including, but not limited to, an owner, occupant of property under
his or her ownership or control.
PROPERTY
Any real property, including land and that which is affixed,
incidental, or pertinent to land, including, but not limited to, any
premises, room, house, building, or structure, or any separate part
or portion thereof, whether permitted or not.
RESIDENTIAL LANDLORD LICENSE
A license, specifically licensing non-owner-occupied residential
property, current and unrevoked, issued by the City in the owner's
name, to rent residential non-owner-occupied housing as required by
this Section for a period of one (1) calendar year, renewable as of
January 1 of each year.
UTILITIES REQUIRED
Water, sewer, electric, and gas shall be active at all times
during the occupancy.