City of Berkeley Smoke Free Multi-Unit (SFMUH) Housing Complaint Form

City of Berkeley Smoke Free Multi-Unit (SFMUH) Housing Complaint Form

On the following date and time at the address listed below, I, the Complainant, witnessed a violation of BMC 12.70.035 (prohibited smoking in a unit or common area of a multi-unit residence) as follows:
Date of Alleged SFMUH Violation*

MonthDayYear
Time of Alleged SFMUH Violation*

Hour Minutes

AM/PM Option
Please provide all known information about the alleged person responsible for the smoking violation (tenant(s)/owner/occupant) below.
Name of Alleged Violator (if known)

First NameLast Name
Address of Alleged Violator*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
What category best describes the race/ethnicity of the alleged violator? Select all that apply.*

AsianBlackNative Hawaiian or Other Pacific IslanderWhitePrefer not to answerLatinx or Hispanic
Is the residence a duplex (does it only have 2 units on the property)?*

YesNo
Location of violation where the smoke is coming from. Note: This must be in the same multiunit residence as where the Complainant resides, e.g. hallway, common area, another unit, etc.*
Complaint - Describe the violation and your observations. *
It is recommended but not necessary to attach evidence such as photos of smokers, statements from 3rd party witnessed, etc. in support of your complaint.

Cancelof
Acknowledgment of Complainant
(person filing the SFMUH complaint form)
I, the complainant, acknowledge the following:

1. I am a resident in a multi-unit residence within the City of Berkeley.

2. This Complaint is not confidential and may be shared with the person responsible for the alleged violation.

3. This Complaint is not confidential and is a public information document that is available to the general public when requested.

4. If this is the 2nd complaint submitted within 6 months from the initial complaint (for a total of two complaint forms, one from two separate units) the complaint meets the criteria to forward to the City of Berkeley Code Enforcement staff for further action.

5. If an administrative citation is issued, and the recipient(s) appeals, I will be called to testify at an administrative appeal hearing. I agree to make myself available to testify and understand that if I fail to testify, the citation may be dismissed.

6. As of November 10, 2020, the city of Berkeley City Council amended Berkeley Municipal Code (BMC) Chapter 12.70 Sections 12.70.020 V, 12.70.035 E and 12.70.037 C to be in accordance with California Health and Safety Code. Ordinance No. 7,736-N.S. amending BMC Chapter 12.70 to update Section
12.70.020 Definitions section V and repealing Section 12.70.035.E and 12.70.037.C and adjusting the definition of "smoke" or "smoking" to include medical cannabis to align with the State of California Health and Safety code. Per the City Clerk the amendments took effect on December 17, 2020.
Complainant's Full Name*

First NameLast Name
Complainant's Address (person filing the SFMUH complaint form)*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Complainant's Telephone Number*
Please enter a valid phone number.
Complainant's Email
example@example.com
What is your age?*

18-2526-6465 and overPrefer not to answer
What is your gender identity?*

MaleFemaleTransgender Male/TransmanTransgender Female/TranswomanGenderqueer/NonbinaryPrefer not to answerOther
What best describes your sexual orientation?*

Straight/HeterosexualLesbian or Gay or HomosexualBisexual or Pansexual or Sexually fluidQueerQuestioningPrefer not to answerOther
What sex were you assigned at birth?*

FemaleMalePrefer not to answer
Do you identify as Latinx or Hispanic?*

YesNoPrefer not to answer
What category best describes your race/ethnicity? Select all that apply.*

AsianBlack/African AmericanNative Hawaiian or Other Pacific IslanderWhitePrefer not to answerLatinx or HispanicOther
Do you identify with any of the following communities? Select all that apply.*

People experiencing homelessnessImmigrantLow IncomePrefer not to answer
PROHIBITED SMOKING IN MULTI-UNIT RESIDENCE COMPLAINT FORM

INFORMATION

SFMUH Complaint forms can be mailed, dropped off in person (at address below) and/or completed online https://form.jotform.com/232083742597059. Emailed forms will not be processed.

Mail to:

City of Berkeley, Smoke-Free Multi-Unit Housing Complaint

1947 Center Street, 2nd Floor

Berkeley, CA 94704
1. Please fill out the complaint form as completely as possible. Incomplete forms may delay the processing of your complaint.
2. Please identify the person who is responsible for the violation (if possible). If the violation is by a renter (“tenant”) or owner-occupant in your building, list the tenant or owner-occupant by name and address, including unit number. If the violation is by a visitor/guest of a tenant or owner-occupant, list the tenant or owner occupant.
3. To file a complaint, you must live in the same building as the responsible person. See Berkeley Municipal Code Section 12.70.035 (C): The tenant(s) of a unit, or owner-occupant(s) of an owner-occupied unit, shall be deemed the person(s) responsible for the violation where the violation was caused by the tenant(s) or owner-occupant(s) of the unit, or one or more persons subject to the control of, or present by invitation or permission of, the tenant(s) or owner-occupant(s).
4. If it is the first complaint, or the last complaint was more than six months ago, a notice will be sent to the person(s) responsible with a summary of the ordinance and information about the health effects of second hand smoke.
5. If it is the second complaint within a six month period, a note is made and no additional notice will be sent to the person(s) responsible. The second complaint can be made by the same resident as the first complaint or by a resident in another unit in the same building.
6. If the SFMUH complaint fits the criteria for enforcement, information about the person(s) responsible is sent to the City Enforcement team and a citation may be issued. Please note the issuance of a citation is an absolutely discretionary process based on the City’s resources, competing time constraints, and whether it is clear that the complaints are being filed in good faith.
7. If you live in a two-unit building, a citation may be issued based only on complaints lodged by you or other tenants in your unit against the responsible person.
8. Appeal process: If an administrative citation is issued, and the recipient(s) appeals, you will be called to testify at an administrative appeal hearing. If you fail to testify, the citation may be dismissed.
9. The City encourages complainants to address the issue with their landlord first, if possible. Please understand that alternative options for enforcement exist – such as small claims court.
10. For more information, please visit https://berkeleyca.gov/city-services/livableneighborhoods/ smoke-free-multi-unit-housing or call (510) 981-5330.
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