[CC 1961 Ch. 10; Ord. No. 4643, 11-2-2020]
Rehabilitation of existing dwelling units is now seen as a major component of maintaining the housing stock of the nation. In short, housing is a resource. It must be protected. The Berkeley Neighborhood Stabilization Grant Program is designed to meet that goal.
Each portion of the Neighborhood Stabilization Grant Program is designed to remedy either an existing housing problem or prevent further problems. It also protects and bolsters the value of all existing housing in Berkeley by preventing any one (1) house from prompting decline in an otherwise sound neighborhood.
This program is for residents of Berkeley, who owns and resides in the property. Each homeowner has the responsibility to his/her neighborhood and his/her community to keep his/her dwelling in suitable repair. There are no income restrictions in this program.
Editor's Note: Ord. No. 4643 also changed the title of this Chapter "Home Improvement Program" to "Neighborhood Stabilization Grant Program."
[CC 1961 §10.01]
As used in this Chapter, the following terms shall have these prescribed meanings:
- City of Berkeley.
- Home Improvement Committee.
- Neighborhood Stabilization Grant Program Director, who shall
also carry the title Building Commissioner for the City of Berkeley.[Ord. No. 4643, 11-2-2020]
[CC 1961 §10.02; Ord. No. 4643, 11-2-2020]
The Neighborhood Stabilization Grant Program Director will administer the Neighborhood Stabilization Grant Program and coordinate other programs to encourage neighborhood preservation and/or rehabilitation. The Director will have the following duties among others:
To encourage single-family, owner-occupant housing in Berkeley in presently zoned areas.
Encourage sound maintenance procedures.
Provide housing information to prospective residents, as well as current homeowners.
Promote the residential areas of Berkeley through pamphlets, slide programs, seminars, and similar activities.
Editor's Note: Former Section 510.040, Home Improvement Committee, was repealed 11-2-2020 by Ord. No. 4643.
[CC 1961 §10.04; Ord. No. 4643, 11-2-2020]
The scope of the work to be done for each individual grant, as well as the priority in which the repairs are made. Generally, under all segments of this program, Code violations will be priority repair items.
Tree removal and tree topping,
Driveways and walkways,
Plumbing, exterior fixtures,
Exterior walls, ceilings, and porch overhangs,
Roofs, chimneys, gutters, and down spouts,
Foundations and structural defects,
Exterior walls, painting, and siding,
Windows and doors,
Caulking, and other winterizing techniques,
Other items, which, in the opinion of the City Council, would correct defects which violate the minimum standards for dwellings, and/or would seriously affect the livability of the units.
[CC 1961 §10.05]
All segments of this program and all administrators, homeowners, and contractors participating in the program will abide by the Equal Employment Opportunity provisions of the Federal Government, as required by the Housing and Community Development Act of 1974, and all amendments thereto.
[CC 1961 §10.06; Ord. No. 4643, 11-2-2020]
Work write-up will be handled by the City Inspectors as part of the assistance provided. Cost estimates and specifications will be made by a contractor. Family contractors are not allowed to bid on work. Counseling on acceptable repairs and loan total will be made with each applicant by the Inspector.
[CC 1961 §10.07; Ord. No. 4643, 11-2-2020]
The City Inspector shall have the right to inspect all rehabilitation work in whole or in part with the proceeds of the grant, and will inform the homeowner of any non-compliance with respect to the contract for rehabilitation work, but will not issue any orders or instructions to the contractor or subcontractor performing the work. The owner will take all steps necessary to assure that the City or its designee is permitted to examine and inspect the work and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records.
[CC 1961 §10.08; Ord. No. 4643, 11-2-2020]
The Public Works Department shall maintain a list of approved contractors who shall be of good reputation, financially sound, bonded or insured, and which have exhibited the necessary skills and resources to perform the work required. Applicants for participation in the program may select contractors not contained on the list; however, all such contractors must be checked and certified by the inspectors prior to the authorization for work to begin. Contractors must obtain all necessary permits at no charge.
Editor's Note: Former Section 510.100, Work to Be Completed by Owner, was repealed 11-2-2020 by Ord. No. 4643.
Editor's Note: Former Section 510.110, Use of City Forces, was repealed 11-2-2020 by Ord. No. 4643.
[CC 1961 §10.11; Ord. No. 4643, 11-2-2020]
No member of the City Council shall be admitted to any share or part of the proceeds of the grant, or to any benefit to arise from the same. City employees qualify to participate in the Neighborhood Stabilization Grant Program.
Editor's Note: Former Section 510.130, Home Improvement Rebates, was repealed 11-2-2020 by Ord. No. 4643.
[CC 1961 §10.13; Ord. No. 3088 §1, 10-2-1989; Ord. No. 3198 §1, 3-2-1992; Ord. No. 3433 §1, 3-24-1998; Ord. No. 3482 §1, 2-22-2000; Ord. No. 4643, 11-2-2020]
In order to participate in the rebate program, a homeowner must meet the following eligibility requirements:
A homeowner must be the owner and occupant of the property, provide proof of recorded deed, real estate tax bill, current occupancy permit with all household members listed and picture identification.
The unit must be a single-family dwelling.
The property must be located in the City of Berkeley.
The City Council may formulate additional reasonable and necessary eligibility requirements and may develop priorities when the number of applicants for participation exceeds resources.
Editor's Note: Former Sections 510.150, Guaranteed Loan Fund; 510.160, Eligibility for Guaranteed Loan; 510.170, Home Improvement Program Grants - Direct Grants; 510.180, Home Improvement Grant for Emergency Assistance; 510.190, Eligibility for Grants; 510.200, Residential Resource Program; 510.210, Clean Up/Paint Up Program, 510.220, Eligibility of Purchaser; 510.230, Lease-Purchase Option for Purchaser; 510.240, Penalty; 510.250, Local Development Corporation; 510.260, Duties of the Berkeley Local Development Corporation; and 510.270, Powers of the Berkeley Local Development Corporation, were repealed 11-2-2020 by Ord. No. 4643.
[Ord. No. 4320 §§ 1 — 6, 9-19-2016]
Purpose. The City seeks to create a positive impact in City neighborhoods by creating an atmosphere for residents to enjoy a good quality of life by creating a thirty-percent limitation of single-family rental homes per residential block.
Classification; Limitation of rental housing in City neighborhoods. "R-1," "R-2" and "R-3" districts of the City shall have no more than thirty percent (30%) rounded up of the lots on any block that shall be eligible to obtain certification and annual rental license as a rental property. When determining the number of eligible properties on a block the number shall be the lowest number that results in thirty percent (30%) or more of the residential lots being rental. In cases in which one portion of the block is in an affected zone and another is in an exempt zone, only the affected portion is subject to this regulation.
Exceptions. This limitation shall not apply to rental properties which are already in place as of the date of adoption of this Section. The latter will be counted among the thirty percent (30%) of allowable rental houses for purposes of determining whether new licenses may be issued.
Exempt Districts. Property located within the following zoning districts are exempt from this rule: "R-4," "C-1," "C-2," "C-3," "M-1," "M-2," "AD," "AD-3" and "P-1." Notwithstanding the foregoing, a property owner whose property is subject to the thirty-percent limitation may obtain a temporary rental license for his or her property for a period of time not exceeding twelve (12) consecutive months under the following conditions:
The property is actively being offered for sale to the public by the owner or by any authorized agent of the owner during the license term.
The property shall be temporarily licensed for rental purposes only if the property complies with all applicable City rental housing requirements.
The property shall be licensed only for one of the following: one adult living alone or two unrelated adults living together with any dependents by birth, adoption or law, or any number of person related by blood, marriage, adoption, or law.
The temporary, rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term, whichever event first occurs.
A copy of the lease agreement shall be deposited with the City Public Works Inspections Division within one (1) week from the date of the execution of the lease and before an occupancy permit will be issued.
Definitions. Where terms are not defined they shall have their ordinary accepted meanings within the context which they are used. Webster Third New International Dictionary of the English Language Unabridged copyright 1986 shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
- Is a group of properties bounded entirely by streets, public land, railroad, rights-of-way, zoning district lines, corporate limit lines, or physical features such as rivers, ponds, or lakes, provided that final delineation of a block shall be made by City staff.
- Is a building wholly or partly used or intended to be used for living, sleeping, cooking or eating purposes by human occupants, but not including hotels and motels.
- DWELLING UNIT
- Is a room or a group of rooms located within a dwelling or forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, purposes.
- HABITABLE ROOM
- Is a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closets compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.
- HOT WATER
- Is water supplied to plumbing fixtures at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.), forty-nine degrees Celsius (49° C.).
- Is the presence of insects, rodents, or other pests within or around the dwelling on the premises.
- Is to give the use of a dwelling unit or rooming unit by an owner or manager to a tenant in return for rent.
- OCCUPANCY PERMIT
- Per section 400.440, issued by the Public Works Inspection Division to establish that the property is suitable for habitation by meeting health, safety, and welfare standards.
- Is one or more persons occupying and maintaining a common household in a single dwelling unit.
- Is a person, firm or corporation who alone, jointly or severally with others owns or has an ownership interest in a dwelling unit or rooming unit within the City.
- Is a stated return or payment for the temporary possession of a dwelling unit or rooming unit. The return or payment may be money or service or property.
Editor's Note: Section 6 of this Ordinance provided an effective date of 1-1-2017.