Berkeley City Council
June 9, 2026

Mr. Lopez has correctly advised you that based on codified regulations, a hardship waiver does not apply to your case.

---------------------------

Jordan Klein
Director, Department of Planning & Development
City of Berkeley
Phone: (510) 774-1337
[email protected]

From: Andrew Marowitz <[email protected]>
Sent: Friday, October 31, 2025 10:42 AM
To: Klein, Jordan <[email protected]>
Subject: Re: Request for information regarding the 2015 balcony collapse tragedy

Mr
. Klein : I just discovered yet another question that relates to the basis for my Appeal. I asked Mr. Lopez, what is the unreasonable hardship exemption criteria, because I believe that my income level would result in me being eligible.

Mr. Lopez stated that there is no exemption for residential properties, only commercial properties.

What I clearly alluded to is my financial limitations, of which Mr. Lopez should have recognized that was my concern. He should have directed me to this request for waiver of payment. BUT I have not been issued a citation of any sort. Mr. Lopez is not in the business of providing assistance to individuals. He is in the business of imposing his authority and generating revenue for the City. Thank you very much.

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I just discovered this financial needs "Request for Waiver of Penalty Payment Administrative Citation Issued in the City of Berkeley"

The person requesting the waiver will, following completion of the review by the processing agency and/or the issuing agency, be mailed the results of the review. Please complete this form and submit it to: City of Berkeley City Manager’s Office 2180 Milvia Street Berkeley, CA 94704 Please note that you are making this application under penalty of perjury. Any information omitted may result in the denial of this motion. I hereby request a temporary waiver of the required deposit of penalty and that the City of Berkeley City Manager’s Office proceed to schedule the appeal on the listed Administrative Citations for the following reasons:
______________________________________________________________________________ _____________
______________________________________________________________________________ _____________
______________________________________________________________________________ _____________ _______________________________________________________________ Date: _________________ Total Amount Due: $ ______________ Citant’s Name:
__________________________________ Telephone: ( ) __ Citation #: ____________________ ______________________ ____________________ ____________________ ______________________ ____________________ Address:
______________________________________________________________________________ _ Street City State Zip Social Security # ________-______-_____________ CDL #_____________________________ FINANCIAL INFORMATION: Employer Name:
__________________________________________________________________________ Employer Address:
_________________________________________________________________________ Street City State Zip 1. EMPLOYMENT 2. SUPPORTED BY: 3. PERSONS SUPPORTED: _____ Employed _____ Self _____ Self _____ Full Time _____ Spouse _____ Spouse _____ Part Time _____ Parents _____Children (# of) ______ _____ Unemployed _____ Welfare _____ Other _____________ _____ Student _____ S.S.I. _____ Total _____________ _____ Disabled _____ A.F.D.C. _____ Homemaker _____ Unemployment _____ Military _____ Other:
_______________ _____ Other : ________________ FOR CITY OF BERKELEY CITY MANAGER’S OFFICE USE ONLY: WAIVER OF PENALTY: [ ] GRANTED [ ] DENIED __________________________________________________ Date ____________________________ 4. Monthly gross income (include income from all earnings of HAC 01/15/2025
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your household) $ _________________________ a. Pay Schedule: Weekly Bi-Weekly: Monthly (Please enter the date for monthly) NOTE: YOU MUST PROVIDE PAY CHECK STUBS FOR ONE MONTH OR VERIFICATION OF OTHER SOURCE OF INCOME. b. Payroll deductions are (specify purpose and amount): (1)________________________________________ $______________________ (2)________________________________________ $______________________ (3)________________________________________ $______________________ (4)________________________________________ $______________________ (5)________________________________________ $______________________ Total Payroll Deductions $______________________ c. Net Income (take home pay) $______________________ d. Other money received each month (specify source and amount): NOTE: MUST PROVIDE OFFICIAL DOCUMENT OF PROOF OF INCOME. (1) _______________________________________ $______________________ (2) _______________________________________ $______________________ TOTAL $______________________ e. TOTAL MONTHLY INCOME (c+d) $______________________ 5.

ASSETS: (Value) MONTHLY EXPENSES: Motor Vehicle(s) $____________________ Rent/Mortgage $_________________ Home $____________________ Utilities $_________________ Property $____________________ Loans/Credit Card(s) $_________________ Savings Account (s) $____________________ Food/Clothing $_________________ Checking Account(s) $____________________ Transportation $_________________ Cash on Hand $____________________ Medical/Dental Payments $_________________ All Other $____________________ All Other $_________________ TOTAL ASSETS $____________________ TOTAL EXPENSES $_________________ I understand if I am found liable I will be required to pay the delinquent amount due. I further understand if I fail to resolve this matter I may be subject to one of the following: 1. A trial in civil court with subsequent garnishment of my earnings. 2. A lien placed against my California Franchise Tax return. 3. This claim assigned to a collection agency. Signature:
________________________________________________ Date _____

From: Andrew Marowitz <[email protected]>
Sent: Friday, October 31, 2025 10:01 AM
To: Klein, Jordan <[email protected]>
Subject: Re: Request for information regarding the 2015 balcony collapse tragedy

Mr
. Klein:

HAC 01/15/2025
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1) according to the guidelines for EEE Appeals, the Planning Commission is the proper Appeal hearing official. I specifically read that.

2) according the the guidelines for the Housing Advisory Hearing Appeals, their specific responsibility for hearing Appeals is for BUILDING VIOLATIONS, NOT EEE Appeals. I am not Appealing a building code violation, nor am I being subjected to a building code violation, but the EEE inspection mandate. If I'm correct, the proper and correct trier of Appeals is the Planning Commission, not the Housing Advisory Committee.

I feel like I'm being bullied by authorities interpreting rules any way they choose.

Please review the EEE Appeals processes for the reference of Appeals to the Planning Commission. Perhaps you can email the specific rules that reference wither and / or both.

And why do you continue to refuse to address ANY of my other reasonable inquiries for information and /or questions that I seek responses to ? Are my questions and requests unreasonable?

Andrew Marowitz 510-356-6813

On Friday, October 31, 2025 at 09:48:05 AM PDT , Klein, Jordan <[email protected]> wrote:

Mr. Marowitz:

You submitted an appeal of a determination of the Building Official. Per the Berkeley Municipal Code chapter 19.44, the Housing Advisory Commission and not the Planning Commission is responsible for hearing and making a determination regarding this appeal. Jenny McNulty, working under my overall direction, is responsible for coordinating with you to schedule the appeal hearing.

Jordan
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---------------------------

Jordan Klein
Director, Department of Planning & Development
City of Berkeley
Phone: (510) 774-1337
[email protected]

From: Andrew Marowitz <[email protected]>
Sent: Friday, October 31, 2025 9:31 AM
To: Klein, Jordan <[email protected]>
Subject: Re: Request for information regarding the 2015 balcony collapse tragedy

Mr
. Klein:

A few days ago, you emailed me for the express purpose of scheduling my Appeal, presumably with the Berkeley Planning Commission, per the rules of Appeal for EEE.

Then, for some reason, the following day, Ms. McNulty emails me for the exact same purpose, and wants to schedule an Appeal ASAP , but with the Housing Advisory Committee, which is NOT the Planning Commission. Further, the Appeals that the Housing Advisory Co mmittee, is for
Appeals regarding Building Violations, not EEE inspections.

Accordingly, how and why did Ms. McNulty ALSO initiate contact for the purpose of an Appeal, and with the Housing Advisory Committee? This is a duplicated event, and causes confusion, as well as more people involved.

Please address this concern and respond. Thank you for your expected response.

PLEASE DO NOT STAY SILENT ON THIS ISSUE.

Sincerely, Andrew Marowitz 510-356-6813

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From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 30, 2025 10:59 PM
To: McNulty, Jenny <[email protected]>
Subject: Re: Automatic reply: Scheduling a Hearing for your Appeal

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Ms. McNulty:

It just occurred to me that, now Mr. Lopez can argue that 4 individuals have been in contact with me, and which then justifies have 4 staff people for several hours , to justify the $1000 Appeal Fee.

Simply have the Planning Director and the EEE Director initiate a communication, thereby having an exchange , and thereby being a relevant witness.

Ad Mr. Lopez, and Ms. Burr, and Mr. Lopez has 4 individuals .

But, ironically, not one of these four have answered any of my questions that will address any of my bases for Appeal. Silence is the agenda. Don't address any requests for information, and don't respond to any questions he might ask. Don't arm Marowitz with information.

In the interests of justice, I can only hope that I receive said responses and requests for information , in a FAIR AND IMPARTIAL MANNER. .

I will not get angry. I will not get angry.

Sincerely, Andrew Marowitz

On Thursday, October 30, 2025 at 06:11:40 PM PDT , McNulty, Jenny <[email protected]> wrote:

Thank you for your email. I am out of the office returning Monday Nov 3 and will respond to your message then.

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Best regards,

Jenny McNulty, Resilient Buildings Program Manager
City of Berkeley, Building and Safety Division
1947 Center Street, 3rdfloor, Berkeley, CA 94704
Phone:(510) 981-7451
Email: [email protected]

From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 30, 2025 6:23 PM
To: McNulty, Jenny <[email protected]>
Subject: Re: Scheduling a Hearing for your Appeal
Ms. McNulty:

I will add that the Appeal Fee check of $1000 has already been debited against my checking account. The fee, in my belief and opinion is obscenely high, and as already stated, was interpreted by Mr. Lopez, as a deterrent to Appealing, and apparently , you are not issuing any comment on this subject matter. I can't afford the $1000 appeal fee, but I needed to Appeal.

The EEE system is filled with injustices, and I need for you to know it.

All I am requesting is truth, open and forthcoming. All I want is reasonable and honest responses to my questions.

Please respond.

Andrew Marowitz

From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 30, 2025 6:14 PM
To: McNulty, Jenny <[email protected]>
Subject: Re: Scheduling a Hearing for your Appeal

Ms. Mcnulty:

Am I not entitled to responses to my questions? If not, why not? If so, then PLEASE respond to my questions, as Director of the EEE program.

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Andrew Marowitz

From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 30, 2025 6:11 PM
To: McNulty, Jenny <[email protected]>
Subject: Re: Scheduling a Hearing for your Appeal

Ms. Mcnulty:

Is it unreasonable that I seek answers and responses? As director, why can't /won't you provide responses to my questions?
You don't know me, and I don't know you. But , I truly think and believe that my questions are not unreasonable and seeks truths.

So, why are you not responding to them? Are we seeking the truth , or doing everything to avoid the truths? I had hoped that you would be FAIR AND IMPARTIAL. Not responding to my questions is suggestive that you are not interested in being informative, FAIR AND IMPARTIAL.. It is becoming a pattern of BIAS and I suggest that you are fully aware of exactly what I am speaking of.

May I request an Appeal by the Planning Commossion, or will you be forcing the Housing Committee down my throat? Who comprises the Housing Committee? Am I allowed to know the individuals on that committee? How are they deemed as FAIR AND IMPARTIAL? Respectfully, you appear to be on a mission. What is the proper and correct fee for engaging in an Appeal of the EEE compliance mandate? If that is not a FAIR AND REASONABLE question, I truly am unable to grasp why not?
Please respond to each of my questions, if you are about fairness and impartiality. Is there something improper about my questions?

Very Truly Yours, Andrew Marowitz 510-356-6813
On Thursday, October 30, 2025 at 03:09:09 PM PDT , McNulty, Jenny <[email protected]> wrote:

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Dear Mr. Marowitz,
Thank you for your response. Based on your preference, we will schedule your hearing at the January HAC meeting. I will be in touch with the meeting date and materials as we get closer.

Sincerely,

Jenny McNulty

From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 30, 2025 1:22 PM
To: McNulty, Jenny <[email protected]>
Subject: Re: Scheduling a Hearing for your Appeal

WA
RNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Ms. Mcnulty:

First, it was my understanding from the rules of Appeals, that the body that hears Appeeals is the Berkeley Planning Commission. There was no mention of the Housing Advisory Committee.

Seondly, for some reason, the processing of my property , based on Galadriel Burr, and her steps taken for Appeal was to forward my emails to her Supervisor, of which there was apparently a direct supervisor, followed by Mr. Jensen ,as EEE manager, followed by you, as the EEE director, aside from your title as Resilient Building Program Manager, yet , somehow, for some reason, my emails and my intended Appeal was forwarded by someone to Mr. David Lopez, Building Official. Respectfully, I would like to find out exactrly how and why this bypassing of all of these intermediate supervisory personell occurred.

To me, this is very important, as I am inclined to believe that I was deprived of Procedural Due Process, by bypassing each of these intermediate Supervisory Personell, and going directly to Mr. Lopez.

Thirdly, I would like to know what the proper and correct Appeal Fee has been defined to be by City Council, as the $1000 Appeal Fee that Mr. Lopez arbitrarily decided is and was a deterrent HAC 01/15/2025
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from Appealing , which I believe that Mr. Lopez intended, in order to motivate me to falling in line with compliance of the EEE compliance mandate.

As to allowing me an option of Early November or Early January, I believe I would prefer an early January date, which provides me with an opportunity to more thoroughly prepare my Appeal , to make inquiries with each party above Ms. Burr, and below Mr. Lopez, to find out exactly what and why Mr. Lopez involved himself.

Additionally, I wish to ask you,as City of Berkeley EEE director, regardless of your official title, if you are certain that City employees, staff, any Appeal conducted , can be conducted with TRUE FAIRNESS AND IMPARTIALITY . I am inclined to believe that any and every City of Berkeley employee has undeniable loyalty and allegiance to all other City of Berkeley employees, supervisors, as well as City of Berkeley protocols, policies, as well as protecting the City of Berkeley interests , no matter what, that each City employee will communicate with any and all supervisory personell, to decide on a course of decision making and action thatr will almost certainly protect and benefit the City of Berkeley and its staff. "The City of Berkeley Housing Advisory Commission is a board that advises the City Council on housing issues, reviews and makes recommendations on housing programs, and hears appeals related to code violations. It advises on the allocation of funds for affordable housing, such as the Housing Trust Fund, and handles appeals from tenants and property owners regarding building code violations. The commission also reviews programs funded by grants like the Community Development Block Grant (CDBG) and makes recommendations for policies that promote social justice and address inequities in housing."

Google Search

I just pulled the above summary of the Housing Advisory Committee above.

R
espectfully, Ms. Mcnulty, as of this moment , I question whether I have any official building code violations, as opposed to EEE compliance violation. Again, the entire intermediate supervisory personell was bypassed and forwarded to Mr. Lopez. WHY? I also have not so respectfully demanded that I should be entitled to apply to the protocols, abd benefits and rights associated with the Rental Housing Safety Program, including the benefit of self certification, which therefrom relieves the City of Berkeley from potential financial liability if HAC 01/15/2025
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a tenant is, somehow injured, the right to assert Owner Occupancy Exemption for his/her residential unit, and though I have a very obvious back -up. any vacant rental unit is also treated as exempt. The RHSP is a kinder, more liberal, more considerate set of protocols, while the EEE compliance mandates are EXTREMELY OVER_REACHING, creates victims out of any and every impacted stakeholder/ property owner, has no regard for that property owner in terms of financial burden.

Yet, Mr. Lopez refuses to recognize the RHSP in any way. I believe this is due, in part, to Mr' Lopez' authoritative ego, his undeniabe BIAS, and also, in part, because the EEE compliance mandate generates a ton of City of Berkeley revenue, based on the thousands of buildings that are subject to the EEE mandate, which the various employees , including Mr. Lopez , NEVER makes reference to.

Prior to this set of events, I had submitted a RHSP exemption form, which stated that 1) Apartment #4 is occupied by me, as sole Occupant / Owner Occupant, and therefore EXEMPT; 2) Because the City of Berkeley and the Rent Board neverendingly victimizes landlords, from which I absolutely hate being a landlord in the City of Berkeley, I have decided to keep my rental units vacant, which renders these units as EXEMPT, though they have no EEE components over 6 feet/ no components at all. And 3) I LOVE the right/ benefit/ privilege of self certification. I have been a remodeler for 35 years, and truly am competent, so self certification is perfect for my needs and interests, and causes the City of Berkeley relief from liability.

These EXEMPTIONS have been in place since 2020, and I have enjoyed the opportunity from being left alone and in peace from the oppressive authority of the City of Berkeley. I LOVE IT!!!!!!
I have spoken to Angel Sinewen, who wouldn't disagree with my perspective, but, due to the fact that he answers to his boss, Mr. Lopez,
he deferes to Mr. Lopez. The RHSP ,does , in fact make mention of Chapter 19 for the Exterior Elevated Elements guiidelines.

I have proposed to staff of state Assembly person, Jessie Arriguin. ex- Berkeley Mayor, that the Balcony Collapse was tragic, but that NO ONE, NOT ONE PERSON ever questioned the relevant issue of Load Bearing STRESSES on the fateful balcony incident. After substantial research, I have concluded that the balcony collapse was PRIMARILY caused by the OVERLOAD of persons and weight bearing stresses, and that the issue of failure to caulk, and residual water penetration was a secondary contributing factor
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I have provided these research details to BOTH Mr. Lopez and to Mr. Jordan Klein, Planning Director, but surprizingly, neither wants to engage in a load bearing calculation to ascertain whether, or not, the stresses placed on that balcony, based on 12 young adults on a 32 square foot balcony was, in fact the primary cause of that fateful, tragic event.

Respectfully, I find such willful conduct as less than honest, less than truthful, less than FAIR AND IMPARTIAL.

In any case, when I spoke to Mr. Arriguin's staff person, she asked ME for my research details, as well as MY proposed solutions that might adjust the State LAW , without completely changing the law.

AND SO, I submitted my research that stated that 12 people, (actually more, as people were coming from the interior to the balcony , adding further weight and load bearing stresses, AND I recommended that 1) The balconies be treated EXACTLY like an elevator, having posted placards that indicate weight and person limits, ie 4-5 people on the balcony at one time MAXIMUM,= 700- 900 pounds , which I believe would never have caused or resulted in that balcony collapse; that the placard MUST BE POSTED by the Owner or Landlord, and enforced by the City of berkeley,
AND that the inspection requirements , associated with EEE be TEMPORARILY in Suspense, while testing the effectiveness of the
weight and person limit be put into practice for a given amount of time.

I also added that the balcony structural beams be pressure treated lumber, to prevent wood rot, in the event of water penetration, and the connection to the floor joints inside have a designated attachment bolting pattern, for maximum strength.

It is my hope that the State of California will strongly consider adopting these modifications, without trying to change the law.

I would recommend the City of Berkeley modify its protocols, to something similar, and discontinue victimizing owners and landlords constantly reaching into our wallets, and showing some concern for leaving our wallets intact ( discretionary money in our wallets = freedom.) I believe that similar protections be applied to decks. Beyond that, I believe that any and all other EEE imposed compliance guidelines are based on extensions and OVER REACH of the balconies and DECKS. That some individuals collectively decided more and more things that would cover any and every other scenario.

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I also believe that the EEE compliance requirements have no regard for the cost burden on owners. If there are noteworthy wood rot issues, or handrail issues or other, the cost can compound to $10,000 or more, not to mention the cost of inspection($800-$1000 for a mere contractor, not an architect or engineer) Most people hate spending money, and most people simply do not have that kind of money.

I certainly don't have sufficient funds. I am a low income senior, in large part, because I will no longer subject myself to being a landlord in the City of Berkeley. It is a most terrible experience, one in which no Berkeley authorities refuse to discuss in a Fair-minded perspective.

My agenda is to wait for interest rates to come back down, when it becomes a new seller market , AND SELL MY PROPERTY . TO BE HONEST , THE CITY OF BERKELEY IS DRIVING PROPERTY

OWNERS AND LANDLORDS OUT WITH THEIR EXHORBITANT TAXES, FEES AND PARCEL TAXES

EVERY TWO YEARS, MOST OF WHICH PAYS FOR CITY EMPLOYEE PAYCHECKS, BENEFOTS AND PENSIONS.

Can we be honest? Apparently NOT , as Mr. Lopez and Mr. Klein refuse to address the truth, that the Young Party attendents caused their own demise, innocently and recklessly. If they were honest, they would complete a load bearing stress calculation. These young adults packed themselves in like sardines, and stayed out on that deck. More than 2000 pounds/a ton, not for a few minutes, but for a decent block of time, thereby increasing the stresses, minute by minute. and they were not a static load, but a moving load, adding still more load bearing stresses. Had 12 people been out there for a few minutes, the collapse would likely never occurred.

And so, the EEE people want to mandate that every owner pay large sums of money to inspect, something that the City of Berkeley should do, and be accountable for, but refuse, claiming lack of resources, same ol, same ol dodge ball game, pointing fingers everywhere but to themselves.

The lack of honesty by Mr. Lopez, and Ms. Burr, demonstrate the BIAS and AGENDA, by ALL City STAFF, cooperating with each other, thereby arguably unable to be FAIR AND IMPARTIAL. Simply, the processes and protocols are rigged by BIAS.

But, I AM REQUIRED to avail myself of all Administrative Remedies, BEFORE filing in Court, where there would be a FAIR and IMPARTIAL trier of fact.

Respectfully AND HONESTLY YOURS, Andrew Marowitz 510-356-6813

HAC 01/15/2025
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On Wednesday, October 29, 2025 at 02:31:26 PM PDT , McNulty, Jenny <[email protected]> wrote:

Dear Mr. Marowitz,
The Housing Advisory Committee will next meet on Thursday November 6th at 7pm and can conduct a hearing to consider your appeal at that meeting. The meeting will take place at the South Berkeley Senior Center located at 2939 Ellis St in the multipurpose room on the 1st floor.

The City of Berkeley typically provides ten days notice to appellants of the date of their hearings. With your consent, we can proceed with eight days notice, so you can be heard as quickly as possible. If not, their next meeting will take place in early January. The date for their January meeting will be set when they meet on Nov 6th. Please email me to confirm your preference: meeting on November 6
th or meeting in early January 2026 date TBD. Please email me by tomorrow at 10am if you would like for the appeal to take place on November 6th, as our response documents are due to the hearing body secretary tomorrow if you decide to meet on November 6th.

Sincerely,

Jenny McNulty, Resilient Buildings Program Manager
Special Projects / Building & Safety Division
Phone: (510) 981-7451
Email: [email protected]
On Wednesday, October 29, 2025 at 01:54:29 PM PDT , Andrew Marowitz <[email protected]> wrote:

Mr. Klein:

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Today, I spoke to the analyst for the Senate Housing and Community Developement, and the Apartement Owner's Assocation, and the Staff person for State Assembly Jessie Arriguin.

No one ever even started a question of load bearing stresses on the structural support for that collapsed balcony. And no one from legislators wants to even consider it now, not really. I am continuing to pursue this, as I think the mandated inspection protocol is truly a " passing the buck" to property owners protocol, regardless of the financial burden scenario.

Government seems to always reach into the property owner's wallet time and time, ie parcel taxes, and I have heard that property taxes in Berkeley have increased by 24% in this current year. If so, Is that obscene , of what?
It is part of my Appeal, and I expect that no one in the City of Berkeley government can be FAIR AND IMPARTIAL in hearing my Appeal, which is why I am expecting to Appeal this in Superior , or perhaps, Federal Court, for an Inpartial trier of fact.

I suspect, now that I have begun sharing my information with the Cal Apartment Assoc., they will provide their support.

This subject matter MUST BE CoNSIDERED as the primary basis for that Balcony Collapse. Water Penetration wouedl be a contributing factor.

Had there been 5 or less people, on that balcony, there would never have been a collapse= 875 pounds, 1000 for a 5 overweight people.MAX.

The balcony could have held up with 900 pounds. But 2100 pounds and more if there were interior party attendants coming onto the balcony.....

And you and Mr. Lopez refuse to address this issue , and be honest? C'mon, guy. Be honest. Do a load caluclation. A moving load calc, not a static load calc. Why are you refusing to be honest and truthful?
The City of Berkeley is making a ton of revenue off the EEE mandates. How many buildings are being required to comply?

Andrew Marowitz 510-356-6813

On Monday, October 27, 2025 at 05:22:30 PM PDT , Andrew Marowitz <[email protected]> wrote:

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Mr. Klien:

As coincidence as may be, I had to meet someone for a lunch @ 11:30 this morning. What makes this noteworthy is that this individual actually spoke to someone from that Irish group. after the tragic event. She was told by one of the Irish group, that there were actually several others /additional people coming out to the balcony and going back inside. It was a party , inside and outside, and as such at times there were even more individuals out on that balcony., adding load bearing weight, a moving weight, rather than a static weight.

I calculated 2000 pounds for 12 people, but adding even more people would add ???? 700 poumds= 4 more people ????
What is amazing is that this issue was never even considered as the primary source of the collapse. 1/2/3/4/5 people out on the deck would never have caused the collapse, I submit.

This event has caused owners across Berkeley , and now California, to be burdened with the inspection protocols. And for a mere secondary reason, caulking and drain holes. Interestingly, the only changes to the Berkeley building code is inspections, not any changes to the building code as to weight limits, treating it exactly like elevators, or how about requiring that the structural beams for the balcony be required to attach structurally to the floor joists, thereby extending the floor joists beyond the building to the ends of the balcony? More and more, this begins to appear thagt the City of Berkeley has done little but finger pointing away from themselves, respectfully. Doesn't the City of Berkeley truly want to know the truth? Or prefers to avoid the truth?
Very truly yours, Andrew Marowitz

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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Monday, October 27, 2025 4:43 PM
To: Lopez, David
Subject: My timely submitted Appeal and Appeal fee of $1000( obscene) WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

Under the circumstances, I submitted my Appeal and Appeal Fee to the assistant to Mr. Angel Sinewen(sp) , Supervising RHSP inspector, today, October 27th, 2025, at 11:35am.

Apparently, you were not in the office to accept the Appeal and Apeal Fee payment, so I submitted it to said lady, a lady with glasses, , stating she was t he assistant for Angel Sinewen, and who came out t o the public area, and took my Appeal and payment, and I could no longer wait for her to return , as I had another appointment at 11:30am and I was late, so I left the third floor. The counter person, refused to accept, and alerted his supervisor(s).

Accordingly, my Appeal and fee payment was timely submitted, per your time deadline of October 28th,2025. I submitted the Appeal on October 27th,2025
I will be waiting for my scheduled Appeal before the Planning Commission.

Thank you for your accountable attention to this matter.

Andrew Marowitz 510-356-6813
*Note, irrelevant and inappropriate content redacted above.

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On Monday, October 27, 2025 at 04:31:51 PM PDT, Andrew Marowitz <[email protected]> wrote:

M. Kle
in:

As you mqay know, at exactly 11::15 am, today, October 27th, 2025 I attempted to submit my Appeal AND the Appeal fee of $1000 as interpreted arbitrarily by Mr. Lop[ez, or in the alternative to the front counter person. As it turns ou t , Mr. Lopez was not present, and the front counter person refused to accept the Appeal and Appeal fee payment. The front counter person then alerted several supervisors to come out and accept the Appeal and p ayment. I waited at least 5 minutes, and demanded that the front co8unter person hail a supervisor immediately for that task. Apparently, he summoned Angel Sineran ( sp). Instead of Mr.

Sinewen coming out to the front, a lady describing herself as Mr. Sinewen's assistant came out, and instructed me to wai t to see if Mr. S inewen would accept it. I had repeatedly stated to both the front counter per son and the lady, that I could not wait, as I had another obligation appointment at 11:30. I waited , again , five minutes, and no one came out. I had to leave and so I left.

For you to , at 12:30, indicate that I would be submitting my Appeal and payment for Appeal, seems highly irregular. It is as if there is a conspiratorial dance among staff, to decide how a submitted Appeal and payment will or won't be accepted. If Mr. Lopez was no t av ailable to accept the Appeal and Pa yment, someone MUST accept the Appeal and Payment. And , an hour later you state that I will be submitting nmy Appeal and APpeal payment. Respectfully, c'mon, people in this office are dancing eveery which way, playing , who will accept the Appeal, as if, no one wants to accept the Appeal and payment. What are you all afraid of? As such , I consider the Appeal and payment of Appeal fee served and accepted by the lady, who was about 5' 6" *, and wore glasses, and presented herself as Mr. Sinewen's assistant. * Irrelevant and inappropriate content redacted.

As to the issu
e of the analysis of the load bearing weight of that balcony, that issue is a very logical question, one i n which the building department official should readily know. Also , respectfully, o
ne in which the Planning Director should know, as w e ll, I expect.. Now, why would the building official send you the question of load bearing weight calculations, but not provide an update , moment to moment, of the Appeal and $1000 Appeal fee, as interpreted by Mr.

Lopez.? Is that honesty, or wha t? When did you receive his email forwarding the load bearing weight?
Mr. Lopez, in his authority as building official provided that on or before October 28th, I could comply, or Appeal, or I wouold be subjected to a $1000 panalty fee for non-compliance. I attempted to initiate compliance, having two inspectors perform a quick visual inspection, They HAC 01/15/2025
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respectively stated their inspection fee(s) would hbe $975 and $775. And there might be some elements on the second floor that demonstrated indications of wood rot. I live in the second floor flat, as the sole occupant, and have done so since 2018. As a low income senior, I do not have funds to pay for minimal costs, much more any issues of EEE compliance. I am wanting to claim applicability of RHSP protections and rights, ie, Owner Occupancy exemption, self certification and vacancy rental units as exempt, though they are also exempt, based on haveing no EEE elements over six feet, no elements at all.

In any case, I consider that my Appeal and obscenely high Appeal fee as served and accepted, by and fpor Angel Sinewen. RHSP supervising Housing Inspector. Mr . Sinewen has done NOTHING improper. His boss is David Lopez, and must defer any issues to his boss, Mr. Lopez.

I consider Mr. Lopez, as a bully, being the building nofficial with unlimited interpretation authority, so he says.

My Appeal and it's sub components are bona fide, and arguably violate 14 amednment due process rights, Fairness and Impartiality, among other issues.

Respectfully, Andrew Marowitz 510-356-6813

On Monday, October 27, 2025 at 12:32:12 PM PDT , Klein, Jordan <[email protected]> wrote:

Mr. Marowitz:

I have directed David Lopez to stop responding to your messages.

I understand that you plan to submit an appeal of a determination of the Building Official. That will be processed accordingly. If you would like to submit a request for public information, you may do so here: https://cityofberkeleyca.nextrequest.com/ If you have any further questions you can send them to me and I will make sure that they get routed accordingly.

Jordan Klein
D
irector, Department of Planning & Development
City of Berkeley
Phone: (510) 774-1337
jk
[email protected]
HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Sunday, October 26, 2025 5:24 PM
To: Lopez, David
Cc: Andrew Marowitz; Bartlett, Ben
Subject: In light of my prsesent circumstances and your intentions...... I HAVE DECIDED TO FILE

AN APPEAL
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

Given that you intend to impose a $1000 non compliiance penalty fee on October 29th,2025, after substantial thought and consideration, I am NOW preparing to Appeal, regardlessof your truly obscene Appeal fee of $1000, which is arbitrary and capricious on yur part, as wewll as a undeniable deterrent to my original intentions to Appeal.

Accordingly, I will RE document and Re-Submit my Appeal and , I will pay the $1000 Appeal fee, though it will cause me to be unable to pay my property taxes in full. I will deliver the $1000 Appeal Fee, UNDER EMPHATIC PROTEST AND OBJECTION ON MONDAY OCTOBER 27TH, 2025, AND HAND IT TO YOU OR THE INDIVIDUAL AT THE FRONT COUNTER 3RD FLOOR, IF YOU AREUNABLE TO RECEIVE IT

I will now prepare the various basies , in the form of bullet points, to set forth the NUMEROUS issues that you have genrated, in addition to my bases for Appeal as tp the EEE enforement . You shall not mandate how the form of my Appeal should be prepared ,so that you can find fault with it.

1) I am Appealingt based on you ,as building dire3ctor have arrbitrarily decided that the Appeal fee shall be $1000, which is an overwhelming deterrent to anyone submitting an Appeal/. As previously statd by me, I discovered in your City Council Resolutio
n Fee Schedule 71, 834 N.S. , ,dated July 17,2025, on Page 5, Chapter XVII, under miscellanious, " Any Fee NOT Explicitly Covered in THis Fee Schedule, , shall have a Fee of $250. You willfully disregarded that documented component, and arbitrarily stated
that the Appeal would take hours and require 4 City employees. However, interestingly, I spoke only to Guilelead Burr AND You. . Yet here you are saying Four people. If Four People will be involved and take numerous hours, then Ms. Burr AND YOU deprived me of Full and Complete Due Process,as addressed by the U.S.

Constitution, under the 14th Amendment. However, this specific basis for Appeal will be addressed in detail later on in this Appeal.

2) I also asked you ,regarding 71,834 N.S. ,Page 5 Misscellanious XVII, the guidlines for " UNREASONABLE HARDSHIP EXCEPTION". iI asked you what was the criteria for eligibility, as I I believe that I was financially eligible, being a low income senior citizen.

You responded by stating in your email, that you would need 3-5 days to provide said criteria. If you were immediately aware of the criteria, you would have disclosed it immediately in a few sentences. However, 3- 5 days later, you responded
by email, that the criteria, whatever it was, was only for Commercial Properties, and not for Residential Properties. Why did you delay that simple response? Of course, as building director, you made it up / created it to deny any opportunity by me, to be eligible for said exceeption. And then you followed up by staating that you would not respond to any further emails. Ironically, you stated that ,simply, you follow the laws that the State and City ZCouncil provided to you. But tha5t was a lie. You fabricated this ele
igibility issue, and imposed it on me, to motivate me, along with the $1000 Appeal Fee, to falll in line and beggrudgingly comply with the EEE compliance mandate. You,sir, are abusing your authority, as City Council and the State laws, allow you to make ar
titrary and capricious determinations and interpretations, ANY WAY YOU WANT, without regard for the impact on the impacted propertyt owner.. As such, you come off as a bully.

3) I am a low income senior, retired,, refuse to rent out my Berkeley property, because the City of Berkeley knowingly victimizes landlords, in so many ways, that being a landlord in the City of Berkeley is a most terrible experience, and no one in the City will even address said topic. Tjhere is a Tenant Protection Ordinance, but no Landlord Protection Ordinance,. There are a expansive mine field of Ordinances that benefit tenants, but there are no ordinances that benefit landlords, AND statutory attorney fees against landlords, if they fail to do, or do in violation , while there are no such statutory attorney fees that protect landlords. There is no equal protection, there is nothing that aids and benefots landlords, so I have refused to rent out my units, and as far as City Council and State laws, mum's the word. Eviction HAC 01/15/2025
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2 Moratorium? And then the Vacancy Parcel Tax, if a landlord was victimized. It is obscene and unjust, and no one addresses such injustices. It ought to be a crime, but it isn't.Tenants make up 65% of the voters, and our legislators cater to the majority of voters for re-election, so City Council will never raise a finger in support of landlords. Is that Corrruption?

4) I raised and relied on the issues of the Rental Housing SAFETY Program, for it benefits to landlords, specifically, the Owner Occupoancy Exemption if he resides in a subject unit. I addressed the Owner's right to seld certify his property, based on a cprinted checklist, which includes the same EEE components. However, I spoke to the Supervising Housing Inspector, Andre Sineran (sp), and he states that you are his boss, so whatever you disctate, he will defer to ( or you will descipline him) But that is an Abuse of Process, as the RHSP clearly provides an Owner with documented rights and protections, which you clearly refuse to recognize and willfully ignore as an arbitrary and capricious act, on your part, yet another arguable abuse and violation of Due Process.

5)
When being addressed by Galadriel Burr, "Community Services Specialist III, When I asked the process of Appeal and the cost of Appeal, she indicated that she would forward my emails to her supervisor. I then asked her the name and title of the supervisor who she forwarded my emails to, and sjhe repeatedly failed / refused to respond. Anmd I am certain you are not her direct supervisor, which means that her supervisor, her manager, and the director of EEE were, somehow bypassed , when I was intending on following through on my intended Appeal. I have heard the names Jenson , as manager, I have not heard the name of her direct supervisor. I have heard the name of the ddirector of EEE as Mcnulty(?) and all of them ,apparently have you as their booss. Accordingly, arguably, I was deprived of Due Process by Ms.. Burr's direct supervisor, , Mr. Jensen , and Ms. Mcnulty/ McNealy? of a name that sounds similar.

So, how and why did my intended Appeal wind up on your desk/ for the building official attention, without any Due Process from these intermediate supervisors, manager, and directir of EEE? Is it becauseonly YOU, as bui;lding official, with unlimited interpretation and determination to decide any way youwant , any fee you might decide on, and decide what is and isn't in the building services component of the City? I submit that the fact that I Ms. Burr, , her direct supervisor, Mr. Jensen as EEE manager, and the Director of EEE all refused to address my concerns, refused to address my rights and protections of RHSP, and refused to provide me with an Appeal fee, all relate to a deprivation of my rights to Due Process, while you arbitrarily and capriciously impose a $1000 Appeal fee, the same fee amount at non compliance penalty fee. . I respectfully believe that you regularly abuse your authority, because the City and State have decided to not create specfic detail of laws, ordinances and regulations, thereby allowing you to interpret any which way you want, and disregard the interests of the property owner , while benefitting the City, especially the revenues genrated by the EEE program.

6) I elect yto Appeal the fact that both the City and the State have arbitrarily chosen to disregard the truth, as it pertains t o
the tragic balcony collapse that occurred in 2015. The City sttled lawsuits for defective building standards, but no less significant , and perhaps more significant, the City and State never mentioned one word about the fact that the incident/ event occurred because there were at least 12 adults that were on that 4'x8' balcony at one time, a serious overload of load bearing weights, that, either in part ,or in whole, caused the collapse of that balcony . according to the news article , six people died instantly and 6 others were critically injued. The weight of those people were more than 2000 pounds. The load was simply too much that is was major component, of the failure of that balcony. Yet there was not one word of mention of this component. I expect that pointing to this component was too emotionally a n ugly issue, regardless of tsuch truths. So, the City and the news pointed to a lack of caulk, leading to entry of mositure, leading to structure weakness, which was also a component, but not the root cause. I honest;ly believe the root cause was too many people and too much weight. Had there been 1/2/3/4 people on that balcony, on that fateful day, the collapse would never have occurred. Just like elevators, there should be warning signs, stating person and weight limits, but to vthis day, no such warning signs are posted, unlike elevators. This then, is yet another arguable failure that led to the collapse.

And,as building official, you arbitrarily refuse to address this issue, despite my requests that you calculate the load bearing limits of said balcony. Should such a balcony be sufficient to support a lmoving load of 2000 poiunds, or more? Your refuslal to address this issue is yet further irresponsibility and arbitrary discretion of the building official.

If my assessment is correct, then property owners are being unjustly subjected to thousands of dollars of cost burden to comply with EEE mandates,. All the while, the EEE program is raking in millions of dollars of revenue to the general fund, allegedly to pay the cost of operation of the EEE program. But said costs are relatively minimal, but pays the salaries, benefits, and pensions of related city staff, as well as city wide staff general funding. I submit, this is one of dozens, if not hundred or more taxes, fees, and penalties for the City employee funding. . This is especially unjust, if the source reason for the tragic incident was in paart or in whole, the overload issue of that balcony..

It is unjust enrichment by the City to require property owners to pay and pay and pay for something that these well intended young adults unknowingly might have caused.

In fact, I inquired with you, as building official, why the Building Department refuses to engage in performing these same inspections. It would relieve property owners of the cost of hiring an independent 3rd party to inspect. You response was the City doesn't have the manpower to inspect the EEE program. II question if that is the real reason. The Building Department doesn't want to engage in inspectionds, for the potential liability, if the inspection is ,somehow less than effecitve. The building department could 1) spread the workload amongst the RHSP personaell, the biuilding inspectors, HAC 01/15/2025
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3 or even hire another inspector, on a temorary basis, to accommodate the workload. Isn't that the truth? The City , time and time agqin, has no problem making the size and cost of government larger and more expensive. Suddenly, on this concern, they cannot add an employee? That sounds pretty far fetched to me, by itself.

You have stated that you rely on State laws, but the truth is that you mix, match, apply to either and both State law and City Ordinances, whichever provides you with full and complete authority , to do and say, whatever you choose, in maximizing your authority and discretion, and , the property owner and the cost burden, be damned. Who cares how much this costs the burdened property? Not the building official, that is for certain. And much of the cost finds its way to City revenues,as prviously stated, another revenue funding tool to pay for city staff, including , but not limited to, City employees having more paid holidays than any other city in the State, also dollar for dollar matching staff retirement funding, and also the benefit of working from home 2-3 days per week. Recently I observed a person , who was working from home, walking the dog 4 times a day, most likely to de-stress, but paid by the employer. Working from home, emloyees rarely pick up the phone when the public calls. calls back at THEIR convenience in 24/48 hours. And there is a ton of abuse, long breaks and lunches, bathroom breaks, cooking and washing, smoking whatever, drinking alcohol, naps, and the potential abuses are limitless.. As a City employee myself, decades ago, as a City emp loyee, just do the job, (4=5 hours a day maximum. Alll paid bgy taxpayers. iIn my opinion the City of Berkeley pampers and spoils City stafff, all paid by ever rising taxes., but that is only an educated opinion. City staff, always say they work long and hard. As ,an ex-City employee, Why do I tend to disbelieve that?

7) If I were allowed to apply certain components of the Rental Housing SAFETY Program, my second floor flat, Apt. #4, as Owner Occupied, would be exempt. If my second flloor flat were exempt, then the entire property would be exempt, as there are no EEE components on the first/ ground floor that exceed the six foot height limits. In fact, the ground floor units #1/#2/ and #3 have no EEE elements at all, being two feet about the soil. Accordingly, Iam Appealing on this basis. If I caused injury to myself as the sole occupant of #4, I couldn't and wouldn't file a lawsuit against myself.

Yet the EEE department is adament to mandate that I correct anything on the second floor, of which I am the sole occupant. All the while, the EEE program is gernerating millions of dollars in revenue. How many buildings are subjected to the mandates of the EEE program? Thousands? Fees, building permits, the cost of the 3rd party contractor, architect, engineer. I attempted tto have a 3rd party inspector come and do a visual inspection. For an official inspection, the inspectors charge $800-1000. The building Permit costs , minimum $365, repairs and materials? I refuse to rent out my units, and will never do so, and waiting for interests rates to come down, and sell my property . So, my income is low, and I
am a senior with low income? How can I afford these costs? I can't.. And what is depressing is the building official , and apparently, the City of Berkeley doesn't carein the least. What if there are some noteworthy corrections that are required to be addressed? What if the corrections cost $10,000 or more? How could I possibly have the money to pay for such costs? I can't.. Will the building department place a lien on my property? Will they take my property, because I cannot afford to make such exhorbitant corrections? This is also a basis for my Appeal.

8) The rules state that the Appeal Fee is non-refundable. But, what if the Building Official is arbitrarily charging anAppeal Fee that is obscenely too much. ie $260?
I ask that the the Administrative authority, apparently, the Berkeley Planning Commission consider and / or order my Appeal fee refunded/ returned, and state by Ordiinance, that the Appeal Fee shall be specifically and explicitly defined, and a reasonable fee, so that an Appeal is not detered, as the building official has arbitrarily and unilaterally has deicided.

I believe that THIS was why the intended Appeal bypassed all of the intermediate staff, and went straight to the building official; because he, and only he has the authority to impose whatever fee he deicides, and he calculates a deterent of any Appeal. The building official should never have been involved until the Appeal was already in process. Accoredingly, the supervisor, or the manager, or the EEE director should have set/decided on the amount of the Appeal fee, not the building Official.

I asked Mr. Lopez to recuse himself, and to allow an independent individual , who would not be BIASED, to referee the processes of my Appeal, but ,clearly, Mr. Lopez has refused. He enjoys his power, and his authority to decide any way and anyhow, that he chooses.

I wanted someone else who would be fair and impartial, as that is how the Due Process Rights work. But, Mr. Lopez, as Building Officiial, is anything BUT FAIR AND IMPARTIAL. It is a completely rigged game. Every employee within the building department answers toi him, including the Rental Housing SAFETY program supervising Housing Inspector, and that individual will never diagree with Mr. Lopez, the Building Official. Accordingly, he defers to anything the Building Official decides, every time. THAT..., is NOT FAIR and/OR IMPARTIAL.

I respectfully, inquire, is the Planning Commissiuon FAIR AND IMPARTIAL? Respec5tfully, under Due Process Rights, under the 14th Amendment, I am entited to a Fair and Impartial Hearing/Appeal.. Respectfully, I am unsure if the Planning Commission is/ can be Fair and Impartial?
Accordingly, this is a basis for my Appeal.
9). Does the City / the Planning Commission regulations have a basis for allowing the subject property owner some form of Low Income Senior exception /exemption, that provides avoidancer of the cost budens of this extremely expensive program? Does the XVII Miscellanious provision of "Unreasonable Hardhip Exception " as stated in the Fee Schedule of City Council, under 71, 834 N.S. apply to me, as the subject property owner, especially when factoring in the totolity of HAC 01/15/2025
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4 the circumstnances of Apartments #1/#2/and #3 as exempt from EEE as having no EEE components and the owner occupying the 2nd floor #4?
Aside from having to pay property taxes , my recurring expenses are Food and Drink, Fuel, Insurance, Internet, Utilities, , Vehicle Registration, and some etc.....

10) Another arguable issue in this dispute, that is valid, is that I could/ were allowed, I would prefer to convert my 4plex into a single family dwelling, as I treat it currently, using the three vacant units as storage only. But , as alway the government runs the show, and my freedom to do what I wish with my property. But, instead, both the City and the WState refuse to allow me to downsize/ reduce to a single family dwelling, becaiuse of the housing shortage that the State has created, by housing the homeless who flooded California, housing early release jail inmates, because it costs the state too much money to maintain the prison stystem, anmd allowing/ require housing so many illegal immigrnats into the State of California. And so, government has taking control of my housing choices and opportunties. Freedom, or the lack thereof , just the way I pictured it. I I have no say in my property, Only to put my naame on the title , and to pay tax, after tax, after tax. Freedom? Where? Is this a Taking by over-regulation? The Courtshave interpreted , NOT unless such a taking has cause my property and property value to lose 90%. What a disgraceful system We/ I live in.

This is yet another basis formy Appeal, of course. I would very much choose to convert my building into a single family dwelling.

In closing, I just want to be left alone, in peace, in my property, that I live alone in, until I sell, or die, whichever com es first.

But, government is simply not ever going to leave me alone. Government is paid and authorized to make people miserable, in particular property owners, with the never ending parcel taxes, Government is the owner of my property, when one strips away all the pretense and get real. Freedom? Where. Local government taxes everything. There is no freedom.There is government authority , control, and a hundred different taxes, or fees, and/ or penalties for not complying with government control and taxation. The majority of people's wallets are constantly near empty/ ie living paycheck to paycheck.As such, life sucks, thanks to government.

This is a basis for Applealing, but no one in government is listening. or cares. Who is watching the watcher? Not the legislators. In my opinion, The legislators never say no to government Government is not the public interest, it is government serving the interests of government, and embedding itself in the public interest.

Respectfully, Andrew Marowitz 510-356-6813

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From: Andrew Marowitz <[email protected]>
Sent: Saturday, October 25, 2025 12:45 PM
To: Lopez, David <[email protected]>
Subject: Request for information regarding the 2015 balcony collapse tragedy WARNING: Th is is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez, as building director, I believe that you might know the weight limits of that balcony.

The balcony was 4'x 8' , based on information I received.

There were (at least) 12 peple , males/ females, light , medium, and heavy. 6 peopke died and 6 were critically injured.

The load is reasonably estimated at 160 to 175 per person ( at least) (not including clothing) that adds up to 1920-2100 pounds, not a dead load, but a movong load (somewhat) Are you able and willing to determine the load bearing weight of that balcony? And if you can, will you disclose that estimated bearing load for that balcony? Why wasn't this issue considered as even a contributing factor? Or, perhaps the City of Berkeley never wanted that issue to be considered, might place the City in a powerfully compromised position? To this day, that issue has never been addressed? Don't you find that reality unreal? Maybe no one wanted to point the finger at the people on that balcony?
The blame was placed on the owner for alllegedly not caulking? Could this incident have occurred if only 3 to 4 people were on that deck? 4 people brings a load bearing weight of 700 pounds.

I am truly and seriously curious why the weight issue was never even mentioned.

In any case, as stated ad nauseum, I do not have sufficient financial resources to pay for compliance , and pay property taxes, not to mention, my normal bills, ie food,gas, utilities, insurance, vehicle registration is soon due, garbage, internet, Is all of this totaly irrelevant to you?
Andrew Marowitz

It seems to me that Every property owner is suffering financial losses forever as a result HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Friday, October 24, 2025 5:28 PM
To: Lopez, David
Subject: Re: 1615 Fairview St. attempting to comply
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

Re: the second inspector. After conducting the visual inspection, he went back to his office and spoke to his lead guy. The lead guy indicated that the official inspection should take place AFTER I complete the minor repairs, so that the initial official inspection would be the final inspection, which, in turn would save me a decent amount of money.

I will be doing business with these people. But, as it is, there will be a deliberate delay in the official inspection. But the paperwork will not be generated on October 28th.

I expect that you will issue a non compliance penalty fee. But, I have shown good faith effort in compliance. I will undertake the minir repairs which I hope to complete in a week. or so.

Accordingly, I am requesting an extension of time to complete repairs and schedule an official inspection followed by eventual paperwork, which I will deliver, once the processes are complete.

You might consider me for the unreasonable hardship exception, unless you can show that your interpretation of exclusivity of commercial properties , is a rule that is codified.

I really want/ hope to pay my property taxes. As you know, paying one day late for property taxes is a 10% penalty. My taxes are approximated to be about $6500 per year.

Andrew Marowitz

On Friday, October 24, 2025 at 02:25:11 PM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

I just had the seond contractor/ inspector complete a visual inspection.He is less expensive and found a few items.

He advised that the office manager will prepare the paperwork for the issues, the repairs, and the cost of the inspection. This paperwork is expected to be generated by email , and likely agreed to on Monday, October 28th.

I hope he and I will agree to the cost of inspection, of which I can afford a deposit, AND pay my property taxes, if he/ the company accepts only a deposit/ portion of the cost

Again, I cannot afford all the costs of EEE compliance. And I feel the building director and the City are heartless , when considering affordability and low income property owners. . You couldn't care less, in other words.Again, I reference 71,834 N.S. of unreasonab;le hardship exception, regardless of the made up interpretation you assert that that relates to only commercial buildings, not residential. This falsehood clearly demonstrates the revenues generated by the EEE is a top priority for the building official.

No one is talking about the fact that too many people were on that balcony collapse. That is the primary reason, that the tragedy occurred. I re-read the news article. 6 people died instantly, and 6 others were critically injured, meaning there were at least 12 people on that fateful balcony. They blame in on lack of caulk and water penetration, but the true reason was there were wayyyy too many people on that balcony.. If only 3 people, even with dry rot, there would never have HAC 01/15/2025
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2 been a collapse. At least 12 people carries a weight of 2000 pounds, maybe more. Had there been weight/people limits on warning signs, this never would have occurred. But the politicians don't want to deal in that truth, so they keep quiet.

I hope that this inspection company will finaincially work with me. Great Escapes is the company name.

Andrew Marowitz

HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Friday, October 24, 2025 12:16 PM
To: Lopez, David
Subject: Re: 1615 Fairview Ave.

Mr. Lopez:

An inspector just came by and is/ was willing to write a proposal, but before he issues a dollar amount, he would need me to remove various pieces of shiplap and plywood to expose the structural components. He sees some woodrot underneath my porch , and if that bears out, he suggests a possible repair of up to $10,000, which I simply do not have.

As I have already disclosed to you, I can either pay the EEE fees or pay my property taxes, but not both. And certainly not $10,000. His fee is $950 for two elements, the stairs ( fully concrete) and the covered porch of my upper flat.

I called several contractors from the BPOA list. I am expecting another inspector to come by sometime today.

What if I cannot afford the cost of inspection, much more the repair? Will you punish for non compliance of $1000 for/ of
a low income senior who lives here alone? Clearly, City Council has provided you, in your role, with limitless interpretive determination and discretion.

That is punishing the low income person who can't afford the huge cost of EEE, and making me even more financially deeper in a hole.

Is that the ripple effect of the EEE requirements? To break the backs of limited income seniors?

Your thoughts. if you choose to offer them?

Andrew Marowitz

On Thursday, October 23, 2025 at 12:23:09 PM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

I just spoke to the Supervising Housing Inspector of the RHSP , and he indicates that you are his boss, so he will defer to anything you say. What a dam scandal.

He says this is about safety, but it more about revenue than safety, and you know it. Every building subject to EEE enforcement generates a huge amount of money for the building department and the City of Berkeley. All my mind and spirit are screaming "RIP OFF".

That said, I initiated a search of contractors listed on the EEE department list, and the City doesn't even list those qualif ied
contractors who are licensed for EEE inspection in the City of Berkeley. In other words the Building Dept /EEE is so lazy, they don't even list those contractors who are eligible to inspect. Since you are the GUY, who sets up this program, it is you who refuses to list eligible contractors to call. There is nothing legitimate about this EEE program. The true solution is to require Owners to post a person/ weight limit on any balcony /deck, etc, no differently from every elevator that exists and operates.

Then you make up rules for the Appeal fee , not explicitly listed, and you make up rules that invalidate the unreasonable hardship exemption.

Sir, as building director , you are exercising excessive discretion and interpretation, and hiding the truth, and unjustly forcing property owners to pay a large sum of money, which pays for City employees paychecks/ benefits and pensions, HAC 01/15/2025
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2 for a City government that is constantly growing in size and cost, all paid by us taxpayers. This, to me is disgusting and despicable. And suddenly, you refuse to respond as these newly made up rules. This is barely more than a rip- off, hiding behind a safety concern.

I will now endeavor to call dozens of contractors to find out if they are licensed in the City of Berkeley, something that you should have done, and made readily available to us victims of the building departments greed.

What a con job. And you run it all.

I will initiate a compliance of the EEE program farce immediately. I will have a contractor lined up by October 28th, as you require.

What a con job. I bet you think you are honorable. I am a highly educated person and I can see clearly through this scam operation. This EEE program is a scam operation, hiding behind a safety concern, which can and should be accomplished with a weight/ person limit, no differently than any elevator. But, then, the building dept wouldn't generate any revenue, right?

I wish I could sue the city and you in court. You constantly victimize people for revenue. The building dept rakes in the cash for the City of Berkeley. Dam pick pockets.

Depressed, Andrew Marowitz

On Wednesday, October 22, 2025 at 09:03:23 AM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

In your email on Tuesday, you referenced a line item in the City’s fee schedule regarding items that require review and are not explicitly listed, such as Alternate Method applications, Requests for Unreasonable Hardship Exceptions, and Requests for Determinations. Those items are not assigned fixed fees because they are project-specific and billed hourly. For example, an Alternate Method review may require dozens of staff hours, potentially totaling thousands of dollars.

Unreasonable Hardship Exceptions are specific to accessibility issues in non-residential properties. These items relate to design-based determinations on current proposed construction projects and are not considered appeals.

Respectfully, how do I know for sure that you didn't just make this stuff up so that you could continue to insist on a Building Official Determination?

PLEASE, SIR, PROVIDE ME THE BASIS FOR YOUR DETERMINATION AND INTERPRETATION. IF YOU CANNOT

SUPPORT THESE STATEMENTS WITHOUT DOCUMENTARY SUPPORT, IT MUST BE CONSIDERED THAT YOU

ARE MAKING THIS STUFF UP,AS YOU REPEATEDLY ASSERT THAT YOU FOLLOW THE LAWS, NOT MERELY INTERPRET THEM.

IF YOU FAIL OR REFUSE TO RESPOND, AS YOU HAVE STATED THAT YOU WILL NO LONGER RESPOND,

I WILL,

MOST CERTAINLY REFER THIS TO MY CITY COUNCIL PERSON, TO REQUEST HIS INVOLVEMENT, AND IF ANY INVOLVEMENT REQUIRES SUBSTANTIAL TIME THAT EXCEEDS THE OCTOBER 28TH DEADLINE TO SUBMIT AN

APPEAL, I WILL ADVOCATE THAT HE REQUEST/DEMAND THAT YOU EXTEND THAT DEADLINE IN LIGHT OF YOUR BIAS. AS YOU MAY RECALL, I REQUESTED THAT YOU DELEGATE SOMEONE WHO IS NOT BIASED/ NOT PART OF THE EEE DEPARTMENT, AND CLEARLY, YOU HAVE REFUSED TO ALLOW THAT TO OCCUR.

PLEASE BEAR IN MIND, THAT I HAVE REPEATEDLY REQUESTED THAT ANGEL SINEYAN, THE SUPERVISING

HOUSING INSPECTOR FOR THE RHSP PROGRAM BE DELEGATED TO STEP IN, SINCE I HAVE REPEATEDLY

STATED THAT THE RHSP PROVIDES FOR EVERY EEE COMPONENT FOR SAFETY PURPOSES, WHICH YOU REFUSE TO CONSIDER.

RENTAL HOUSING SAFETY PROGRAM (RHSP) SELF-CERTIFICATION CHECKLIST (Formerly Schedule A) Website: http://www.berkeleyca.gov (Search: RHSP) Property Address: (Please print legibly and use one form per HAC 01/15/2025
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3 address/unit.) Street Address: Unit #: DOOR LOCKS Pass N/A All exterior doors open and close properly, latch and lock and unlock easily. All individual apartment entry doors have working deadbolts and entry knobs with dead locking latches.

SMOKE DETECTORS Smoke alarms are installed in each sleeping room, outside of each separate sleeping area in the immediate vicinity of the bedroom(s), and on each occupiable story including basements and habitable attics. All smoke detectors work properly, are less than 10 years old, and the alarm sounds when tested. Hardwired smoke detectors have a functioning battery back-up. CARBON MONOXIDE ALARMS & DETECTORS If the building contains a fossil fuel burning heater, appliance, fireplace or attached garage, carbon monoxide (CO) devices are required to be installed in accordance with local building standards and the manufacturer’s installation instructions. See the floor plan in the notes for guidance on location. Operational CO alarms are installed outside of all sleeping areas in the immediate vicinity of each bedroom, in a bedroom where a gas burning appliance is located and on each occupiable level inside the unit including basements and habitable attics. Alarms are current and have not expired per manufacturers date stamp on the unit. HEATING AND WATER HEATERS All heating equipment is operational, in safe working condition and properly maintained. The gas heater is operating normally and is provided with minimum combustion air. For buildings with a thermostat not under the control of the tenants, the temperature setting on the thermostat is set at 68°F minimum. All gas lines are free of leaks and any gaseous odors. (Immediately report gas leaks or gaseous odors to PG&E and owner/manager). All gas lines in the unit have accessible shut-off valves. Water heaters are installed correctly and meet the following requirements: (If the water heaters were installed prior to any of these code requirements, you may check N/A for those line items.) a) Earthquake straps are secured on the bottom ⅓ and the upper ⅓ portions; b) Water heater has a temperature and pressure relief valve. Rigid piping for the TPR valve is installed maintaining a downward slope terminating between 6 and 24 inches above grade; c) A drain pan is installed where damage from a leaking water heater may occur; d) The draft hood to the vent is secured with a minimum of 3 screws and the vent connector slopes upward maintaining a minimum slope of ¼ inch per foot; e) A bond wire is connected between the metal hot and cold water sup ply
lines and gas piping. VENTILATION / WINDOWS Windows open, close and lock easily and can remain open. The windows required for egress in sleeping rooms open completely. If there are security bars on the required emergency egress window, ensure there is
an operable quick release mechanism on the inside. All window glass is in good condition, free of damage and properly sealed at the edges. If bathrooms have fixed windows or no windows, verify the mechanical ventilation system is in working order. APPLIANCES All built-in appliances are in good working condition. Gas stoves are free of odors indicating a gas leak and all indicator lights are working on electric stoves. I RHSP Self-Certification Check List (Schedule A)
ELECTRICAL WIRING Pass N/A Accessible electrical outlets, junction boxes and light switches are functional, secure and all have faceplates in good condition. There are no unprotected exposed electrical wires or electrical cables. All receptacles that have been replaced in the kitchen, bathroom, laundry, garage or in exterior weatherexposed locations, are Ground Fault Circuit Interrupter (GFCI) protected outlets. PLUMBING All faucets are in working condition and all handles, valves, diverters are free of leaks and visible damage. Hot and cold water have sufficient flow. All plumbing and sewer piping drain properly and are free of leaks. Toilets are secure in place, in good working condition and free of leaks.

FIRE EXTINGUISHER (Building with 3 or more units only) Fire extinguishers are provided within a maximum travel distance of 75 feet. Each extinguisher has been tagged and serviced by a state licensed contractor within the last year.

Each fire extinguisher is fully charged, operable and readily available for use. WEATHER PROTECTION Exterior walls, roofs and ceilings are free from leaks. HANDRAIL & GUARDRAIL CONDITION Handrails and guardrails are tightly fastened, sound and in good condition.

INTERIOR STAIRWAY CONDITION Stairways, including treads, risers and landings, are in good condition, adequately fastened, with no damaged, missing or loose structural members.

EXTERIOR ELEVATED DECKS, BALCONIES, STAIRWAYS OR WALKWAYS All elevated wood-framed and steel- framed decks, balconies, landings, stairway systems, walkways, terraces, guardrails, handrails, or any parts thereof in weather-exposed areas at the subject building did not exhibit signs of deterioration, decay, corrosion or similar damage that could pose a safety concern and there was no evidence of active water intrusion in concealed spaces of the inspected elements.

WALKWAYS AND PATHWAYS All exit pathways and stairways are clear of open storage, trash and debris. All electrical fixtures providing lighting and directional signage for the common areas are in working condition. FLOORS & TRIP HAZARDS All floors and floor coverings are free of significant trip hazards due to damage or structural defect. The bathroom floor is finished with a non-absorbent material and is sealed to prevent moisture intrusion. ELECTRICAL PANELS WITH SCREW IN FUSES Are the fuses in the panel box that serve each unit rated at 15 amps or less? For fuse panels with 20 amps or larger fuses, the wiring is sized properly and is capable of handling the load or has been inspected by a licensed electrical contractor. ACKNOWLEDGEMENTS I certify I have inspected the aforementioned unit and the information above is true and correct. I acknowledge I am required to provide a copy of this Self-Certification Checklist to the tenant(s). I certify I was unable to inspect the aforementioned unit because the tenant(s) refused to allow entry. I agree to send a copy of this checklist to [email protected] or RHSP | 1947 Center Street, 3rd Floor | Berkeley, CA 94704. Name of Certifier (Please print): ___________________________________ Relationship to Property:

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4 ________________________________ Owner or Manager
Name____________________________________________________________________________________________ ____ Mailing Address and Phone #:
___________________________________________________________________________________________

Signature and Date: _________________________________________________________

AS YOU CAN SEE, I HAVE COPIED AND HIGHLIGHTED IN BOLD BLACK PRINT, THE EXACT SAFETY COMPONENTS AS THE EEE DEPARTMENT REQUIREMENTS.

I WILL BE SENDING THIS LETTER TO MY CITY COUNCIL PERSON AND REQUESTING A MEETING ASAP, TO

DEMONSTRATE YOUR EXCESS OF INTERPRETATION, DETERMINATIONAL EXCESS, AND ABUSE OF EXCESS OF YOUR AUTHORITY, RESPECTFULLY, OF COURSE.

IN SHORT, YOU ARE PROVIDED TOO MUCH AUTHORITY TO DETERMINE ANYTHING YOU WANT, ANY WAY YOU WANT.

AGAIN, PLEASE PROVIDE THE BASIS FOR YOUR ASSERTIONS RELATING TO DISREGARD OF THE RHSP PROTOCOLS, THE UNREASONABLE HARDSHIP EXCEPTION, AND THE "NOT EXPLICITLY COVERED FEE OF $250, WHICH CAN BE ADDRESSED BY A SINGLE PERSON, NOT MULTIPLE STAFF PERSONS FOR MULTIPLE

HOURS, WHICH IS AN INTERPRETATION THAT I BELIEVE IS COMPLETELY ARBITRARY AND CAPRICIOUS, RESPECTFULLY, OF COURSE.

VERY TRULY YOURS, ANDREW MAROWITZ 510-356-6813 [email protected] dated october 22nd,2025

On Tuesday, October 21, 2025 at 09:39:36 AM PDT, Lopez, David <[email protected]> wrote:

Good Morning Mr. Marowitz,
As Manager, it is my responsibility to remain impartial and avoid providing preferential treatment to anyone, including yourself. What you are requesting would require me to alter established rules for your individual case, and that is not something I can do. My role is to enforce, to the best of my ability, the regulations adopted by the City and the State laws under my jurisdiction.

While the City and State have granted me the authority to administer and interpret these laws and regulations, you do have the right to appeal any determination I have made. Such an appeal is reviewed by an independent hearing body, which will determine whether my interpretation of the regulations in your specific case is correct.

I previously sent you a detailed email on October 9 outlining your available options. We also met recently to review this same information, during which I provided you with a copy of Resolution 71,834—an item you had asserted did not exist.

In your email on Tuesday, you referenced a line item in the City’s fee schedule regarding items that require review and are not explicitly listed, such as Alternate Method applications, Requests for Unreasonable Hardship Exceptions, and Requests for Determinations. Those items are not assigned fixed fees because they are project-specific and billed hourly.

For example, an Alternate Method review may require dozens of staff hours, potentially totaling thousands of dollars.

Unreasonable Hardship Exceptions are specific to accessibility issues in non-residential properties. These items relate to design-based determinations on current proposed construction projects and are not considered appeals.

There is, however, a clearly defined and specific fee titled “Appeal of Building Official Determination,” which applies to your case and represents the correct fixed fee for filing an appeal.

At this point, I believe I have provided you with a thorough explanation of both the E3 Program requirements and the appeal process. Additionally, I have granted an extension to allow you time to determine your next steps.

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5 Please let me know which option you intend to pursue.

This will be my final communication on this matter. Continued lengthy or repetitive email exchanges will not be productive, and future correspondence on this subject will not receive a response.

Sincerely,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

From: Andrew Marowitz <[email protected]>
Sent: Wednesday, October 15, 2025 1:00 PM
To: Lopez, David <[email protected]>
Subject: Re: 1615 Fairview Ave.

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6 Mr. Lopez: given your busy schedule, and my belief thayt you and perhaps everyone in the EEE department is biased to the EEE protocol, including Mr. Jensen who is the supervisor of Ms Burr, and ridiculos fees, can you consider delegating to an outside staff person, who might attempt to research independently thr answer to the hardship exception criteria?

That person wouldn't have a 3-5 day delay, and which could likely result in the two week period expiring.

That would not be fair, and I think you would agree.

Andrew Marowitz

On Wednesday, October 15, 2025 at 12:21:29 PM PDT, Lopez, David < [email protected]> wrote:

Good Afternoon Mr. Marowitz,
I appreciate your persistence and the thoroughness of your email communications. Please understand that my schedule is quite full with management responsibilities, and while I will respond as soon as I am able, my replies may take 3 to 5 working days.

Thank you for your patience and understanding.

Best regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

From: Andrew Marowitz <[email protected]>
Sent: Wednesday, October 15, 2025 11:27 AM
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7 To: Lopez, David <[email protected]>
Subject: Re: 1615 Fairview Ave.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

I know that you are trying to steer me to EEE compliance , and therefore not trying to provide full and open cooperation for my continued attempts to Appeal or other alternatives. But I ask that you cooperate with my attempts and be 100 % forthcoming and honest.

I now have , not one , but TWO avenues for strict EEE compliance, and I formally request you to respond appropriately, not biased.

They are as follows:

1) pursuant to your reliance to your City Resolution 71, 834 N.S. In Chapter XVII, on page 5, under Miscellaneous category of your Resolution there exists TWO apparent and obvious avenues of exception. The first being " Items that require review which are not otherwise explicitly covered in the Fee Schedule indicate a fee of $250.

In citing that /referencing that exception, it effectively eliminates you from engaging in interpretation or determination of a $1000 fee for land use. This EEE Appeal is NOT explicitly covered and therefore FALLS within the parameters of this alternate path and fee of $250.

2) The same exact alternate path of exception provides for a "Unreasonable Hardship Exception" appears to provide an alternate path for Exception or some form of either/ or exemption, or fee waiver in its entirety.

That said, what are the specific guidelines for this Exception? What is/are the criteria that creates and provides for that Exception/exemption?

I do not want to rely on any interpretation(s) that you may elect to exercise or implement. This should be documented and readily available.

If the specific criteria is not a specified as a part of this resolution, then I nwould ask that you delegate/assign this request for specific criteria to someone OTHER THAN YOU, as I see you as 100% biased, even with the 2 week pause, which is still rooted in unwavering insistence of compliance with the standard EEE provisions.

Please respond and do not defer or fail to respond to this request for information that will tend to lead to alternative paths from EEE compliance.

Because time is a important consideration, please respond ASAP.

Thank you, Andrew Marowitz [email protected]

On Tuesday, October 14, 2025 at 05:51:54 PM PDT, Andrew Marowitz < [email protected]> wrote:

Mr. Lopez, ,I refer you to Chapter XVII on page 5 of the 71,834 N.S.

"not explicitly described service shall be a fee of $250 (and not allowq you the discretion or interpretation of the $1000 Appeal fee. )

Please respond to this basis for the Appeal.

I included that issue in the follow up email, of which you have not reviewed or responded to.

Andrew Marowitz
On Tuesday, October 14, 2025 at 05:37:34 PM PDT, Lopez, David < [email protected]> wrote:

Good Afternoon Mr. Marowitz,
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8 Thank you for stopping by our offices. I believe we had a productive meeting.

As discussed in our meeting, I am writing to summarize our agreement and next steps.

Thank you for describing and confirming the existing E3 components of the building, and for acknowledging that State Law does not allow for owner self-certification or exemptions for owner-occupied units.

I will place a two-week hold on any further actions by the Building and Safety Division regarding potential citations. During this time, you may choose one of the following options:

1. Appeal the Building Officials determination regarding the applicability of the E3 Program to owner-occupied units (as outlined in my email sent Thursday, October 9, 2025, at 4:38 PM). o Please note that an appeal requires a $1,000 fee and a written letter containing the information specified in BMC 19.44.040.

2. Submit a completed Exterior Elevated Elements Inspection Program Certification Form. o As noted in my October 9 email, you must confirm that a licensed professional—compliant with State Law—has been retained to perform the inspection. This confirmation can be provided by either:
 A copy of your signed contract with the licensed professional, or  An email thread with the professional confirming the scheduled inspection date.

As we concluded our meeting, you mentioned that you would most likely retain the services of a contractor to perform the inspection and provide the required certification. Whichever option you decide, please confirm your intended course of action within the two-week hold period.

Sincerely,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Tuesday, October 14, 2025 3:21 PM
To: Lopez, David
Subject: Re: 1615 Fairview
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

if you look at
Chapter XVII,page 5 Miscelaneous you will see a detail which states "For items that require review and which are not otherwise explicitly coveredin Fee Schedule, such as Altrnate method applications, Requests for Unreasonable Hardship Exceptions, Requests for Determinations ,etc." has/have a Fee of $250.

I submit that the Appeal is exctly a fit for this Appeal.

The Appeal is not explicitly addressed, not to mention hardship exceptions.

This is not an interpretation, by you as you have liberally exercised as Appeal of a land use hearing Appeal, It is not explicitly covered.

Andrew Marowitz

On Wednesday, October 8, 2025 at 03:27:53 PM PDT, Lopez, David <[email protected]> wrote:

Good Afternoon Mr. Marowitz,

I want to inform you that Ms. Burr has forwarded me all your communications. I will be responding to you in the next several days.

I know you are being insistent for a response but rest assured I will respond. Please discontinue sending emails to Ms.

Burr.

Regards,

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2 David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Tuesday, October 14, 2025 12:22 PM
To: Lopez, David
Subject: Re: E3 requirements for 1615 Fairview St.

Mr. Lopez:

It occurs to me,.and I will document for the record that 1) You stated that I admittred to EEE needs. I asked that you provide that email, and you refused (silently) 2) You stated that in my emails, I provided photographs of the EEE issues. I asked that you provide the email with the photos, and you refused to provide that email (silently). 3) You stated ,falsely that RHSP deals only with habitsability, when ,in fact the Rental Housing SAFETY program provides certification by Owner for SAFETY, including but not limited to vEEE and handrails, etc.

It is perfectly clear to me that you are staging your responses to slant any Appeal I submit. 4) You cited City of Berkeley rule 71,834 N.S. to impose a $1000 Appeal fee. And here, again, there is no such rule, and that you deliberately misled me, in your coercion to force me to pay $1000 for an Appeal Fee for a NON LAND USE APPEAL.

Clearly, you are BIASED and should be held strictly accountable for your unconscionable bad conduct.. You speak of respect, but, you have communicated cordially, but with lies, with fact manipulation, with misrepresentation, and if that is not disrespect and thuggery, I do not know the meaning of disrespect and deliberate misrepresentation. You should be apologetic and regretful of your contemptible conduct.

I will forward this to City Council, and you should be recused for providing false responses repeatedly

On Tuesday, October 14, 2025 at 09:20:46 AM PDT, Lopez, David <[email protected]> wrote:

Good Morning Mr. Marowitz,

You would submit the appeal letter at our office

1947 Center Street, 3rd Floor
Berkeley, CA 94704

The appeal fee per City Council approved resolution 71,834 N.S. is $1000.00.

The code reference you provide is correct. The catalyst code section is in BMC 19.28.010 section 113.1 which then refers you to BMC 19.44.020 of which body will hear the appeal and then under the same BMC title is what is requried in an appeal letter BMC 19.44.040. A letter from you that has all the information you listed below is adequate.

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2 When you arrive please let the welcome station person know your name and that I am expecting you. I am not available from 10 to noon.

Regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

From: Andrew Marowitz <[email protected]>
Sent: Friday, October 10, 2025 8:05 PM
To: Lopez, David <[email protected]>
Subject: Re: E3 requirements for 1615 Fairview St.

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3 WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

As of NOW, I have completed preparation of the form for Appeal, specifically, the REQUEST FOR HEARING ON ADMINISTRATIVE CITATION.

IT INDICATES THAT I MUST PAY THE APPEAL FEE IN ADVANCE, BUT THUS FAR, I DO NOT KNOW HOW MUCH THAT FEE IS, SINCE YOU NOR MS. BURR HAVE DISCLOSED THAT INFORMATION.

AGAIN, WHAT IS THE SPECIFIC AMOUNT OF MONEY FOR THE APPEAL HEARING, SO THAT I CAN INCLUDE A CHECK FOR THAT AMOUNT?

I WILL BE HAND DELIVERING THE HEARING REQUEST FOR APPEAL ON OR BEFORE OCTOBER 15TH,. TO THE FINANCE CUSTOMER SERVICE CENTER AT 1947 CENTER ST., AS REFERENCED IN THE FORM FOR AN ADMINISTRATIVE HEARING REQUEST.

Form of Appeal. Any person entitled to service under Section 1101 of the Berkeley Housing Code may appeal any notice and order or any action of the Building Official under this code by filing at the Office of the Building Official a written appeal containing:

iT APPEARS THAT I AM TO SUBMIT MY APPEAL REQUEST TO THE OFFICE OF THE BUILDING OFFICIAL. APPARENTLY, THAT IS YOU.

AND ,APPRENTLY THE FORM I HAVE PREPARED IS NOT THE CORRECT FORM. PURSUANT TO BMC 1944.040, I AM SUPPOSED TO CREATE MY OWN APPEAL REQUEST FORM.

1. A heading in the words: "Before the Housing Advisory Commission of the City of Berkeley"

2. A caption reading: "Appeals of........," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building of the land involved in the notice and order.

4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

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4 6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

I will be coming to 1947 Center St. on Tuesday, October 14th,2025. If you could update me as to the most appropriate room/suite/ office, so that I know exactly where to submit my request for Appeal. Thank you.

Very Truly Yours, Andrew Marowitz 510-356-6813 Owner and Sole Occupant 1615 Fairview St. Berkeley CA 94703 HAC 01/15/2025
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8 Mr. Lopez:

I ask you again, how much is the Appeal Fee AND where or who do I submit my Appeal to? Time is of the essence now, since I am six days from the deadline and Monday is another holiday for the City of Berkeley.

Please inform me as soon as possible/ not later than Tuesday.

I believe that I'm being reasonable and honest. Are you?

Please respond.

Andrew Marowitz 510-356-6813

On Friday, October 10, 2025 at 08:16:52 AM PDT, Andrew Marowitz < [email protected]> wrote:

What is the precise dollar amount for the fee imposed to file an Appeal in the EEE debate?

cer·ti·fi·ca·tion
/ˌsərdəfəˈkāSHən/
To help
p otect you
p vacy
Mic o so ft
Office
p even ed
au o ma c
download of
this pic e
f om th
In e ne

noun

NORTH AMERICAN ENGLISH

1. 2.

3. the action or process of providing someone or something with an official document attesting to a status or level of achievement. "a fundamental requirement for organic certification"
o an official document attesting to a status or level of achievement. plural noun: certifications
"graduates who want to gain industry-recognized certifications o
o Why can't an Owner " Certify" the level of safety? Do you think an owner will lie and put himself in a position to be sued for falsifyiing and a serious accident occurs from a handrail disconnecting? o What are the odds of that occurring?
o About a 1000 times less than a balcony collapsing because 10 people are all in a balcony exceeding the limits of the structure. 10 people of adult size amounts to at least 1500 pounds, if not 1800 pounds, on one wood based balcony. Is that considered a safety hazard/ safe? How about a telephone booth?
o
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9 o Why is a handrail which is located on the second floor landing , calculated as being above six feet from the ground? why not within 6 feet from the landing? Does that make sense? Not in my reality, but maybe in an agenda to impose authority and fees, such an interpretation is somehow justifiable.

4. Andrew Marowitz

On Thursday, October 9, 2025 at 10:06:32 PM PDT, Andrew Marowitz < [email protected]> wrote:

Sorry, another point.

You state "The building at 1615 Fairview is considered an R-2 Occupancy building and, by your own admission on several occasions, you have confirmed that there are existing E3 components on the building that need to be certified. The pictures in one of your documents confirms that E3 elements exist on your building.

What about the fact that the City of Berkeley refuses to allow me to downsize to a single familiy dwelling? How unfair is that? Where is my control of my own property. It doesn't exist. I would downsize to R1.

What components did I confirm that need to be certified? What photods in one of my documents confirm that E3 elements exist in my building. Please provide ththose pictures ASAP. I do not recall ever providing pictures.

Andrew Marowitz

On Thursday, October 9, 2025 at 04:37:45 PM PDT, Lopez, David < [email protected]> wrote:

Good afternoon Mr. Marowitz,
Your numerous recent communications have been forwarded to me by staff. I understand that you were frustrated while awaiting my response.

First, I must address the tone of your communications to staff. Your messages have been unprofessional and discourteous. This is unacceptable. If similar communications continue, I will cease direct correspondence and refer the matter to my Director. City staff must be treated with respect.

Second, the information provided to you by Ms. Burr—both by email and in person—is accurate. She has reviewed your case with me, and I have confirmed that her guidance reflects the City’s interpretation of applicable codes.

To clarify the matter: this is my formal determination. If you disagree, you may appeal my interpretation of the code in accordance with Berkeley Municipal Code (BMC) Title 19.28.020, Section 113 and 19.44. The notice of appeal shall be filed, along with the payment of the appeal fee, at my office within 30 days of this email and must contain the information listed in BMC Section 19.44.40.

1. There seems to be some confusion and comingling of Berkeley Municipal Code programs in your communications. You frequently refer to RHSP when addressing E3 compliance concerns. The two programs are two different and distinct programs. Ms. Burr is not associated with RHSP. She is only associated with the E3 program.
a. The Rental Housing Safety Program is tasked with enforcing the housing code and the City requires that all rental units in the City of Berkeley be inspected for conformance to the housing code per BMC 19.40.

The authority is provided by the State under California Health and Safety Code, Division 13, Part 1.5 HAC 01/15/2025
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10 Regulation of Buildings Used for Human Habitation, Sections 17910, 17920, and 17970, and other housing related Codes as adopted by the City.

i. Owner-occupied units are exempt from RHSP inspections because the program’s intent is to protect tenants from substandard housing conditions.

b. The Exterior Elevated Elements Program is tasked with enforcing State law found under California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Section 17973. The authority is given to us under BMC 19.40.040. The BMC requires, that all “projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of Group R-1 and R-2 Occupancies, as defined in the most recent edition of the California Building Code, shall be inspected within six months of adoption of this section, and every six years thereafter…..” State law says, “Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected.” Multifamily dwelling unit building is defined as housing where multiple separate dwelling units for residential inhabitants are contained within one building. i. Buildings that contain three or more dwelling units are classified as R-2 occupancy buildings. The building at 1615 Fairview is considered an R- 2 Occupancy building and it has been confirmed that the building contains three or more dwelling units. ii. Both State law and City law do not exempt dwelling units that are owner occupied. Even condominium buildings with 3 or more condominiums, considered an R-2 occupancy, are required to certify that existing E3 elements are certified safe per California Civil Code Division 4, Part 5, Chapter 7, Article 3 Section 5551. Condominiums are for the most part owner occupied.

To answer your question of why aren’t the EEE protocols addressed exactly the same way?
Nowhere in the E3 laws does it give the City any authority to exempt owner occupied dwellings in an R-2 building. The history of the program started when the tragic incident occurred on June 16, 2015 when the exterior balcony collapsed and 6 young people died and 7 others were injured. Immediately after, the City passed an emergency ordinance to require all E3 components in R-2 buildings to be inspected and certified. The State followed suit, and California regulations were signed into law requiring that E3 elements in R-2 buildings be inspected and certified. When an E3 component fails it can kill or injure the person using the E3 component. For this reason, E3 protocols are not addressed in the manner you would like. RHSP guidelines do not apply to the E3 program.

Regarding your insistence that the building is not an R-2 building and should be considered a family building: all our records and by your own admission clearly indicate that your building is a 4 unit building which is considered an R2 occupancy. Berkeley law uses the definition in the Berkeley Building Code to define R-2 buildings. Dwelling units in R-2 buildings are not exempt regardless of who lives in the dwelling or whether the units are vacant.

Regarding your insistence that you, as an owner, should be able to self-inspect your own property: State law is clear in who is to perform the inspection. Per California Health and Safety Code, Division 13, Part

1.5 Regulation of Buildings Used for Human Habitation, Section 17973, “ The inspection shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a HAC 01/15/2025
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11 minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction.” State law prohibits the owner from self-certifying their E3 components.

In conclusion:

The building at 1615 Fairview is considered an R-2 Occupancy building and, by your own admission on several occasions, you have confirmed that there are existing E3 components on the building that need to be certified. The pictures in one of your documents confirms that E3 elements exist on your building. You have been issued a Citation Warning Letter for not complying with State and City laws. In the warning letter (attached) you have been given a deadline of October 16th to provide a completed and signed, by the retained professional, the Exterior Elevated Elements Inspection Program Inspection Certification form. If this does not occur, citations will be levied. I do have the authority to provide a onetime extension on when the form will be due. If you confirm that you have hired a licensed professional, compliant with State Law, by either sending me a copy of your signed contract with the licensed professional -or- an email thread with the professional confirming the date of their scheduled inspection and that you will be sending me a completed and signed inspection certification form, I will extend the due date for us receiving the form to November 14th.

If the certification does indicate that corrective work is required, then apply for a building permit within 120 days of the date signed on the form, respond to plan check comments within 10 days of the date of the correction letter, obtain a building permit within 10 days of notification of plan approval and complete all work within 120 days of permit issuance.

Regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Tuesday, October 14, 2025 11:27 AM
To: Lopez, David
Subject: Re: E3 requirements for 1615 Fairview St.

Mr. Lopez:

I have forwarded our emails to a City Council staff person for review, while complaining on the arbitrary imposition of the Appeal Fee for a non land use EEE Appeal being $1000, the same on non compliance penalty.

She is reviewing, and depending on what she preliminarily concludes, will be calling you, and perhaps, the Planning Director, if and as needed.

Again, to impose a $1000 Appeal fee for EEE, a non-land use Appeal , and for a Rule that apparently doesn't exist, is the building director acting with Bias and bully like tactics.

Please respond. I will be delivering the Appeal WITHOUT a fee at this time, and we can decide what is appropriate. To reject my timely Appeal , due to no Appeal fee would not be fair, in light of the dispute of the amount of the Appeal fee .

Andrew Marowitz

On Tuesday, October 14, 2025 at 10:38:07 AM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

There are clear indications that the City of Berkeley does not want to impose such a high sanction that it deters, and discourages an Appeal.

It appears by you imposing a $1000 Appeal fee, that you are willfully setting the table to discourage me from Appealing.

This is contrary to the City of Berkeley protocols not to deter Appeals. Further, this /my Appeal is NOT a land use Appeal, it is Appealing the protocols of thE EEE enforcement, not a land use Appeal. It is clear to me that you are unwaveringly BIASED, Prejudiced and cannot be trusted to be fair and impartial. You have ,again, misrepresented the truth, by referencing the fee for a land use Appeal. I request that you recuse yourself, and assign someone who can be fair, impartial AND HONEST.

Moreover, I researched your citation. It states "
------
"The claim that the City of Berkeley's appeal fee is $1,000 per Resolution 71,834 N.S. is misleading.

The $1,000 fee is the reduced cost for a specific type of land-use appeal, and the actual fee varies depending on the type of decision being appealed and who is filing the appeal. No record of Resolution 71,834 N.S. could be found, suggesting the reference is either outdated, incorrect, or applies to a different department".

Here are the accurate details on appeal fees for planning and land use decisions in Berkeley:

Land use and zoning appeals
For appeals regarding decisions made by the Zoning Adjustments Board (ZAB) or the Landmarks Preservation Commission (LPC), the fee structure for non-applicants is:

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2  Standard fee: $3,000.
 Reduced fee: $1,000. To qualify for this rate, the appeal must be signed by at least 50% of the parcels or dwelling units within 300 feet of the project site, or 25 such persons (excluding dependent children), whichever is less.

Other appeal types
The City of Berkeley lists several other appeal fees, all of which are subject to change by city council resolution:
 Administrative Use Permit (AUP) decisions:
o Standard fee: $2,000.
o Reduced fee: $800, which requires the signatures of at least 35% of the parcels or dwelling units within 300 feet of the project site, or 20 such people (whichever is less).  Design review decisions: $2,000 for non-applicants.
 Administrative citation appeals: To appeal a citation, you must pay an advanced deposit of the fine amount. Fee waivers are available for those with financial hardship.  Right-of-way permit appeals: The fee is set by a resolution of the City Council. Waivers can be requested to ensure equal access to the appeals process.

Key takeaways
 Resolution 71,834 N.S. is not the current source of authority for these fees. A more recent city council resolution amends the Land Use Planning Division fee schedule.  The $1,000 fee is a specific discounted rate for land-use appeals, not the default cost.  The applicable appeal fee depends on the type of decision and the number of people involved in the appeal.
 Always check the official City of Berkeley website for the most current fee information, as it is subject to change.
 Filing an Appeal on a Zoning or Land Use Decision
Filing an Appeal on a Zoning or Land Use Decision. Learn how to appeal a project. Discover the timeline and costs. Anyone may appe...

HAC 01/15/2025
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3 The City of Berkeley (.gov)
 16.10.150 Appeals - Berkeley Municipal Code
This section is included in your selections. * A. An applicant for a PROW permit under this Chapter or any resident or owner of pr...

Berkeley Municipal Code
 Resolution - City Council Report ##-##-####
Mar 11, 2025 — This policy implements Council and community-identified goals to prevent and reverse displacement from Berkeley, as we...

The City of Berkeley (.gov)
Show all

On Tuesday, October 14, 2025 at 09:20:46 AM PDT, Lopez, David <[email protected]> wrote:

Good Morning Mr. Marowitz,

You would submit the appeal letter at our office

1947 Center Street, 3rd Floor
Berkeley, CA 94704

The appeal fee per City Council approved resolution 71,834 N.S. is $1000.00.

The code reference you provide is correct. The catalyst code section is in BMC 19.28.010 section 113.1 which then refers you to BMC 19.44.020 of which body will hear the appeal and then under the same BMC title is what is requried in an appeal letter BMC 19.44.040. A letter from you that has all the information you listed below is adequate.

When you arrive please let the welcome station person know your name and that I am expecting you. I am not available from 10 to noon.

Regards,

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4 David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

From: Andrew Marowitz <[email protected]>
Sent: Friday, October 10, 2025 8:05 PM
To: Lopez, David <[email protected]>
Subject: Re: E3 requirements for 1615 Fairview St.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

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5 As of NOW, I have completed preparation of the form for Appeal, specifically, the REQUEST FOR HEARING ON ADMINISTRATIVE CITATION.

IT INDICATES THAT I MUST PAY THE APPEAL FEE IN ADVANCE, BUT THUS FAR, I DO NOT KNOW HOW MUCH THAT FEE IS, SINCE YOU NOR MS. BURR HAVE DISCLOSED THAT INFORMATION.

AGAIN, WHAT IS THE SPECIFIC AMOUNT OF MONEY FOR THE APPEAL HEARING, SO THAT I CAN INCLUDE A CHECK FOR THAT AMOUNT?

I WILL BE HAND DELIVERING THE HEARING REQUEST FOR APPEAL ON OR BEFORE OCTOBER 15TH,. TO THE FINANCE CUSTOMER SERVICE CENTER AT 1947 CENTER ST., AS REFERENCED IN THE FORM FOR AN ADMINISTRATIVE HEARING REQUEST.

Form of Appeal. Any person entitled to service under Section 1101 of the Berkeley Housing Code may appeal any notice and order or any action of the Building Official under this code by filing at the Office of the Building Official a written appeal containing:

iT APPEARS THAT I AM TO SUBMIT MY APPEAL REQUEST TO THE OFFICE OF THE BUILDING OFFICIAL. APPARENTLY, THAT IS YOU.

AND ,APPRENTLY THE FORM I HAVE PREPARED IS NOT THE CORRECT FORM. PURSUANT TO BMC 1944.040, I AM SUPPOSED TO CREATE MY OWN APPEAL REQUEST FORM.

1. A heading in the words: "Before the Housing Advisory Commission of the City of Berkeley"

2. A caption reading: "Appeals of........," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building of the land involved in the notice and order.

4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

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6 I will be coming to 1947 Center St. on Tuesday, October 14th,2025. If you could update me as to the most appropriate room/suite/ office, so that I know exactly where to submit my request for Appeal. Thank you.

Very Truly Yours, Andrew Marowitz 510-356-6813 Owner and Sole Occupant 1615 Fairview St. Berkeley CA 94703

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9 On Friday, October 10, 2025 at 06:37:22 PM PDT, Andrew Marowitz < [email protected]> wrote:

Mr. Lopez:

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10 I ask you again, how much is the Appeal Fee AND where or who do I submit my Appeal to? Time is of the essence now, since I am six days from the deadline and Monday is another holiday for the City of Berkeley.

Please inform me as soon as possible/ not later than Tuesday.

I believe that I'm being reasonable and honest. Are you?

Please respond.

Andrew Marowitz 510-356-6813

On Friday, October 10, 2025 at 08:16:52 AM PDT, Andrew Marowitz < [email protected]> wrote:

What is the precise dollar amount for the fee imposed to file an Appeal in the EEE debate?

cer·ti·fi·ca·tion
/ˌsərdəfəˈkāSHən/
To help
p otect you
p vacy
Mic o so ft
Office
p even ed
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download of
this pic e
f om th
In e ne

noun

NORTH AMERICAN ENGLISH

1. 2.

3. the action or process of providing someone or something with an official document attesting to a status or level of achievement. "a fundamental requirement for organic certification"
o an official document attesting to a status or level of achievement. plural noun: certifications
"graduates who want to gain industry-recognized certifications o
o Why can't an Owner " Certify" the level of safety? Do you think an owner will lie and put himself in a position to be sued for falsifyiing and a serious accident occurs from a handrail disconnecting? o What are the odds of that occurring?
o About a 1000 times less than a balcony collapsing because 10 people are all in a balcony exceeding the limits of the structure. 10 people of adult size amounts to at least 1500 pounds, if not 1800 pounds, on one wood based balcony. Is that considered a safety hazard/ safe? How about a telephone booth?
o
o Why is a handrail which is located on the second floor landing , calculated as being above six feet from the ground? why not within 6 feet from the landing? Does that make sense? Not in my reality, but maybe in an agenda to impose authority and fees, such an interpretation is somehow justifiable.

4. Andrew Marowitz
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11 On Thursday, October 9, 2025 at 10:06:32 PM PDT, Andrew Marowitz < [email protected]> wrote:

Sorry, another point.

You state "The building at 1615 Fairview is considered an R-2 Occupancy building and, by your own admission on several occasions, you have confirmed that there are existing E3 components on the building that need to be certified. The pictures in one of your documents confirms that E3 elements exist on your building.

What about the fact that the City of Berkeley refuses to allow me to downsize to a single familiy dwelling? How unfair is that? Where is my control of my own property. It doesn't exist. I would downsize to R1.

What components did I confirm that need to be certified? What photods in one of my documents confirm that E3 elements exist in my building. Please provide ththose pictures ASAP. I do not recall ever providing pictures.

Andrew Marowitz

On Thursday, October 9, 2025 at 04:37:45 PM PDT, Lopez, David < [email protected]> wrote:

Good afternoon Mr. Marowitz,
Your numerous recent communications have been forwarded to me by staff. I understand that you were frustrated while awaiting my response.

First, I must address the tone of your communications to staff. Your messages have been unprofessional and discourteous. This is unacceptable. If similar communications continue, I will cease direct correspondence and refer the matter to my Director. City staff must be treated with respect.

Second, the information provided to you by Ms. Burr—both by email and in person—is accurate. She has reviewed your case with me, and I have confirmed that her guidance reflects the City’s interpretation of applicable codes.

To clarify the matter: this is my formal determination. If you disagree, you may appeal my interpretation of the code in accordance with Berkeley Municipal Code (BMC) Title 19.28.020, Section 113 and 19.44. The notice of appeal shall be filed, along with the payment of the appeal fee, at my office within 30 days of this email and must contain the information listed in BMC Section 19.44.40.

1. There seems to be some confusion and comingling of Berkeley Municipal Code programs in your communications. You frequently refer to RHSP when addressing E3 compliance concerns. The two programs are two different and distinct programs. Ms. Burr is not associated with RHSP. She is only associated with the E3 program.
a. The Rental Housing Safety Program is tasked with enforcing the housing code and the City requires that all rental units in the City of Berkeley be inspected for conformance to the housing code per BMC 19.40.

The authority is provided by the State under California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Sections 17910, 17920, and 17970, and other housing related Codes as adopted by the City.

i. Owner-occupied units are exempt from RHSP inspections because the program’s intent is to protect tenants from substandard housing conditions.

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12 b. The Exterior Elevated Elements Program is tasked with enforcing State law found under California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Section 17973. The authority is given to us under BMC 19.40.040. The BMC requires, that all “projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of Group R-1 and R-2 Occupancies, as defined in the most recent edition of the California Building Code, shall be inspected within six months of adoption of this section, and every six years thereafter…..” State law says, “Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected.” Multifamily dwelling unit building is defined as housing where multiple separate dwelling units for residential inhabitants are contained within one building. i. Buildings that contain three or more dwelling units are classified as R-2 occupancy buildings. The building at 1615 Fairview is considered an R- 2 Occupancy building and it has been confirmed that the building contains three or more dwelling units. ii. Both State law and City law do not exempt dwelling units that are owner occupied. Even condominium buildings with 3 or more condominiums, considered an R-2 occupancy, are required to certify that existing E3 elements are certified safe per California Civil Code Division 4, Part 5, Chapter 7, Article 3 Section 5551. Condominiums are for the most part owner occupied.

To answer your question of why aren’t the EEE protocols addressed exactly the same way?
Nowhere in the E3 laws does it give the City any authority to exempt owner occupied dwellings in an R-2 building. The history of the program started when the tragic incident occurred on June 16, 2015 when the exterior balcony collapsed and 6 young people died and 7 others were injured. Immediately after, the City passed an emergency ordinance to require all E3 components in R-2 buildings to be inspected and certified. The State followed suit, and California regulations were signed into law requiring that E3 elements in R-2 buildings be inspected and certified. When an E3 component fails it can kill or injure the person using the E3 component. For this reason, E3 protocols are not addressed in the manner you would like. RHSP guidelines do not apply to the E3 program.

Regarding your insistence that the building is not an R-2 building and should be considered a family building: all our records and by your own admission clearly indicate that your building is a 4 unit building which is considered an R2 occupancy. Berkeley law uses the definition in the Berkeley Building Code to define R-2 buildings. Dwelling units in R-2 buildings are not exempt regardless of who lives in the dwelling or whether the units are vacant.

Regarding your insistence that you, as an owner, should be able to self-inspect your own property: State law is clear in who is to perform the inspection. Per California Health and Safety Code, Division 13, Part

1.5 Regulation of Buildings Used for Human Habitation, Section 17973, “ The inspection shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction.” State law prohibits the owner from self-certifying their E3 components.

In conclusion:

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13 The building at 1615 Fairview is considered an R-2 Occupancy building and, by your own admission on several occasions, you have confirmed that there are existing E3 components on the building that need to be certified. The pictures in one of your documents confirms that E3 elements exist on your building. You have been issued a Citation Warning Letter for not complying with State and City laws. In the warning letter (attached) you have been given a deadline of October 16th to provide a completed and signed, by the retained professional, the Exterior Elevated Elements Inspection Program Inspection Certification form. If this does not occur, citations will be levied. I do have the authority to provide a onetime extension on when the form will be due. If you confirm that you have hired a licensed professional, compliant with State Law, by either sending me a copy of your signed contract with the licensed professional -or- an email thread with the professional confirming the date of their scheduled inspection and that you will be sending me a completed and signed inspection certification form, I will extend the due date for us receiving the form to November 14th.

If the certification does indicate that corrective work is required, then apply for a building permit within 120 days of the date signed on the form, respond to plan check comments within 10 days of the date of the correction letter, obtain a building permit within 10 days of notification of plan approval and complete all work within 120 days of permit issuance.

Regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

HAC 01/15/2025
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1 Burr, Galadriel
From: Lopez, David <[email protected]>
Sent: Tuesday, October 14, 2025 9:21 AM
To: 'Andrew Marowitz'
Cc: Jensen, Jeff
Subject: RE: E3 requirements for 1615 Fairview St.

Good Morning Mr. Marowitz,

You would submit the appeal letter at our office

1947 Center Street, 3rd Floor
Berkeley, CA 94704

The appeal fee per City Council approved resolution 71,834 N.S. is $1000.00.

The code reference you provide is correct. The catalyst code section is in BMC 19.28.010 section 113.1 which then refers you to BMC 19.44.020 of which body will hear the appeal and then under the same BMC title is what is requried in an appeal letter BMC 19.44.040. A letter from you that has all the information you listed below is adequate.

When you arrive please let the welcome station person know your name and that I am expecting you.

I am not available from 10 to noon.

Regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Tuesday, October 14, 2025 8:57 AM
To: Lopez, David
Subject: Re: E3 requirements for 1615 Fairview St.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

It is now 8:45 am on Tuesday, October 14th, 2025. I am preparing to hand deliver my completed Appeal for Request of Administrative Hearing, and do not know where I should deliver it, and here at my computer expecting you to provide instructions.

I have also included a copy of the RHSP self certification checklist, which includes the Elevated Exterior Decks, Balconies, landings and handrails on the rear page. This should provide a reasonable basis for Appeal.

Waiting for your email to advise me where to deliver my Appeal ASAP. If I do not receive any communication withoin one hour, I will go to the 3rd floor of 1947 Center street and ask the guy at the front counter. Maybe he will be able to advise me.

Please respond ASAP.

Andrew Marowitz 510-356-6813

On Friday, October 10, 2025 at 08:04:43 PM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

As of NOW, I have completed preparation of the form for Appeal, specifically, the REQUEST FOR HEARING ON ADMINISTRATIVE CITATION.

IT INDICATES THAT I MUST PAY THE APPEAL FEE IN ADVANCE, BUT THUS FAR, I DO NOT KNOW HOW MUCH THAT FEE IS, SINCE YOU NOR MS. BURR HAVE DISCLOSED THAT INFORMATION.

AGAIN, WHAT IS THE SPECIFIC AMOUNT OF MONEY FOR THE APPEAL HEARING, SO THAT I CAN INCLUDE A CHECK FOR THAT AMOUNT?

I WILL BE HAND DELIVERING THE HEARING REQUEST FOR APPEAL ON OR BEFORE OCTOBER 15TH,. TO THE FINANCE CUSTOMER SERVICE CENTER AT 1947 CENTER ST., AS REFERENCED IN THE FORM FOR AN ADMINISTRATIVE HEARING REQUEST.

Form of Appeal. Any person entitled to service under Section 1101 of the Berkeley Housing Code may appeal any notice and order or any action of the Building Official under this code by filing at the Office of the Building Official a written appeal containing:

iT APPEARS THAT I AM TO SUBMIT MY APPEAL REQUEST TO THE OFFICE OF THE BUILDING OFFICIAL. APPARENTLY, THAT IS YOU.

AND ,APPRENTLY THE FORM I HAVE PREPARED IS NOT THE CORRECT FORM. PURSUANT TO BMC 1944.040, I AM SUPPOSED TO CREATE MY OWN APPEAL REQUEST FORM.

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2 1. A heading in the words: "Before the Housing Advisory Commission of the City of Berkeley"

2. A caption reading: "Appeals of........," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building of the land involved in the notice and order.

4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in

the appeal.

I will be coming to 1947 Center St. on Tuesday, October 14th,2025. If you could update me as to the most appropriate room/suite/ office, so that I know exactly where to submit my request for Appeal. Thank you.

Very Truly Yours, Andrew Marowitz 510-356-6813 Owner and Sole Occupant 1615 Fairview St. Berkeley CA 94703

HAC 01/15/2025
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4 On Friday, October 10, 2025 at 06:37:22 PM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

I ask you again, how much is the Appeal Fee AND where or who do I submit my Appeal to? Time is of the essence now, since I am six days from the deadline and Monday is another holiday for the City of Berkeley.

Please inform me as soon as possible/ not later than Tuesday.

I believe that I'm being reasonable and honest. Are you?

Please respond.

Andrew Marowitz 510-356-6813

On Friday, October 10, 2025 at 08:16:52 AM PDT, Andrew Marowitz <[email protected]> wrote:

What is the precise dollar amount for the fee imposed to file an Appeal in the EEE debate?

cer·ti·fi·ca·tion
/ˌsərdəfəˈkāSHən/

To help
p otect you
p vacy
Mic o so ft
Office
p even ed
au o ma c
download of
this pic e
f om th
In e ne

noun

NORTH AMERICAN ENGLISH

1. 2.

3. the action or process of providing someone or something with an official document attesting to a status or level of achievement. "a fundamental requirement for organic certification"
o an official document attesting to a status or level of achievement. plural noun: certifications
"graduates who want to gain industry-recognized certifications o
o Why can't an Owner " Certify" the level of safety? Do you think an owner will lie and put himself in a position to be sued for falsifyiing and a serious accident occurs from a handrail disconnecting? o What are the odds of that occurring?
o About a 1000 times less than a balcony collapsing because 10 people are all in a balcony exceeding the limits of the structure. 10 people of adult size amounts to at least 1500 pounds, if not 1800 pounds, on one wood based balcony. Is that considered a safety hazard/ safe? How about a telephone booth?
o
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5 o Why is a handrail which is located on the second floor landing , calculated as being above six feet from the ground? why not within 6 feet from the landing? Does that make sense? Not in my reality, but maybe in an agenda to impose authority and fees, such an interpretation is somehow justifiable.

4. Andrew Marowitz

On Thursday, October 9, 2025 at 10:06:32 PM PDT, Andrew Marowitz <[email protected]> wrote:

Sorry, another point.

You state "The building at 1615 Fairview is considered an R-2 Occupancy building and, by your own admission on several occasions, you have confirmed that there are existing E3 components on the building that need to be certified. The pictures in one of your documents confirms that E3 elements exist on your building.

What about the fact that the City of Berkeley refuses to allow me to downsize to a single familiy dwelling? How unfair is that? Where is my control of my own property. It doesn't exist. I would downsize to R1.

What components did I confirm that need to be certified? What photods in one of my documents confirm that E3 elements exist in my building. Please provide ththose pictures ASAP. I do not recall ever providing pictures.

Andrew Marowitz

On Thursday, October 9, 2025 at 04:37:45 PM PDT, Lopez, David <[email protected]> wrote:

Good afternoon Mr. Marowitz,
Your numerous recent communications have been forwarded to me by staff. I understand that you were frustrated while awaiting my response.

First, I must address the tone of your communications to staff. Your messages have been unprofessional and discourteous. This is unacceptable. If similar communications continue, I will cease direct correspondence and refer the matter to my Director. City staff must be treated with respect.

Second, the information provided to you by Ms. Burr—both by email and in person—is accurate. She has reviewed your case with me, and I have confirmed that her guidance reflects the City’s interpretation of applicable codes.

To clarify the matter: this is my formal determination. If you disagree, you may appeal my interpretation of the code in accordance with Berkeley Municipal Code (BMC) Title 19.28.020, Section 113 and 19.44. The notice of appeal shall be filed, along with the payment of the appeal fee, at my office within 30 days of this email and must contain the information listed in BMC Section 19.44.40.

1. There seems to be some confusion and comingling of Berkeley Municipal Code programs in your communications. You frequently refer to RHSP when addressing E3 compliance concerns. The two programs are two different and distinct programs. Ms. Burr is not associated with RHSP. She is only associated with the E3 program.
a. The Rental Housing Safety Program is tasked with enforcing the housing code and the City requires that all rental units in the City of Berkeley be inspected for conformance to the housing code per BMC 19.40.

The authority is provided by the State under California Health and Safety Code, Division 13, Part 1.5 HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 9, 2025 9:58 PM
To: Lopez, David
Subject: Re: E3 requirements for 1615 Fairview St.

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Sorry , one more point. Because of one and only one balcony tragedy, in which there have been none before or since, we, the thousands of owners are being imposed to pay this EEE fee set structure, a revenue generator for the City of Berkeley. Justice is blind deaf and dumb,

It tears me up inside that this fee/revenue structure silently exists. And City employees laugh straight to their bank with their paycheck.

On Thursday, October 9, 2025 at 09:52:10 PM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

One added point. You want compliance and will provide an extension if I hire a contractor by October 16. But, I would need to pay him half or all by October 16. But what if my available money is dedicated for property taxes, including ongoing parcel taxes by the City of Berkeley? Does that matter? Not to the City. Authority and Control and Mandated Compliance.....

and a hundred revenue generating sources, including EEE and the contractor's business license and tax..

Government is my oppressor in life. My worst enemy in life.

Very honestly, Andrew marowitz

On Thursday, October 9, 2025 at 09:43:10 PM PDT, Andrew Marowitz <[email protected]> wrote:

Mr. Lopez:

Respectfully, Respect is a two way street. Ms. Burr had a duty to disclose the name of her supervisor, who she forwarded the emails to. She, in refusing that repeated request, was dishonest and totally disrespectful.

You probably know, but I should not automatically assume that, contained in the State Law, it defers their law to the local municipality laws, since State Law essentially rubber stamped the Berkeley law, but then went further.

In many ways, you pretty much carbon copied Ms. Burr,and also in omitting responses to my counterpoints, while re- directing to your points. Honestl;y, if I'm correct, I find that to be biased, disrespectful, and treats me like an ignorant person. It feels as if you are talking at me, citing your interpretation for the purpose of prevailing on Appeal, and warning me of the financial cost of that Appeal.

Respectfully, you are telling me that local ordinance provisions are what they are, and then telling me that there are no exemptions, , that RHSP deals with Habitability ( but you omit that there are inherent inclusions of safety, AS IT RELATES TO THE RENTAL UNITS, ie electrical, roofing, flooring, structure, etc . THE OWNER OCCUPANT SIGNS OFF ON ALL THOSE SAFETY INSPECTIONS IN EACH THE TENANT'S PREMISES.

Under RHSP, If the City/the EEE section had any concern from imposing this cost burden in the least, the City could advocate to City Council for the adoption of Owner Occupied Exemptions of their own units. Instead, you position your points as if that is impossible, when it is not, and the truth is that you/ the EEE section and the City couldn't care less about the cost burden imposed oon me/us.

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2 " i. YOU STATE "Owner-occupied units are exempt from RHSP inspections because the program’s intent is to protect tenants from substandard housing conditions." BUT, That is only partially true and accurate.

In the RHSP, The owner in a fourplex is provided with Owner Occupied Exemption of his unit. not merely because the program's intent is to protect tenants, but the inferred detail is that the Owner-OCCUPANT TAKES RESPONSIBILITY FOR HIS OWN SAFETY, IF HE HURTS HIMSELF. HE CAN'T SUE HIMSELF. The property Owner-Occupant states, under penalty of perjury, and
assures that all of these inherent safety concerns are in fact, not ONLY habitable, but also that there are no unsafe conditions that exist.. I truly do not understand why you appear to omit any reference to these safety assurances
. It is a significant basis for me advocating adoption of the protocols of the RHSP. I respectfully believe and assert that you insist on keeping the protocols without contemplation of the benefits of the protocols of the RHSP.

Moreover, the Owner Occupant assumes any and all liability if any safety based accident occurs, and releases the City from Liability, though Anyone can sue the City regardless of assignment of liability to the Owner.

You know very well, the underlying basis for the City's building inspectors not doing the EEE inspections and being accountable for such inspections is potential liability, and so the City burdens the Owner financially for paying for the services of a 3rd party licensed professional who assumes liability. So the City burdens me with $400 and up. Gotta love it. Can we be honest? The licensed contractor will likely cost $400. If a Building permit is required, that is another $350, If repair materials and labor are needed, then it goes to $1000. Just a low cost compliance program, to protect from accidents from balconies and decks.

If the City gave a damn about the property owner's money, they would implement that concern by reducing/ eliminating the cost burden. Instead, to protect the City from the balcony liability, the City requires us to pay as much as $1000 and sometimes more. As always, we property ,owners must pay, and pay,and pay,and pay..... fire extinguisher fees, RHSP, property taxes, parcel taxes, rent regisration fees, business tax, building permit fees, planning fees, penalty enforcement everywhere,

Moreover, the State Law langauge applies a focus on "LOAD BEARING ELEMENTS" . In my world, handrails are not load bearing elements, but balconies and decks are. In fact, my handrail going up to the second floor is NOT WOOD< BUT METAL, so no rotten or weathered wood.

It is so convenient to burden the Owner, and extend the reach and intention of the enforcement of the Ordinance. Why not include elements that are ground level and potentially hazardous? Lead Paint? When , if ever does the City stop extending its reach and authority, and leave the Owner and / or Owner Occupant in peace, and provide some benefits.

ANSWER, NEVER. That is what City Employees are paid to do.

And all of these taxes,fees, and penalties go to pay to the general fund, 80% paying for salaries, benefits, and pensions and colas for City Employees. Is it possible that Ordinances place regulations on Property Owners to generate revenue, the unspoken priority? I guess the fact that Berkeley City employees have more paid holidays than any other city in the state is irrelevant and not to be co-mingled with the revenue generating EEE fee generation. ie building permit, business license and tax on the licensed contractor, who must be registered business in the City of Berkeley, or cannot be hired.

Yes, the EEE program is a serious revenue generator when closely examining the entire structure. Government regulation and governmejnt revenue. General fund, salaries, benefits and pensions.

What is amazing is that government, in all of its forms, places no limits on their taxation that it takes from the citizens.

The government , in all of its forms is relatively unconcerned with what amount of money remains in the citizens wallet.

They are , more or less, only concerned with funding the ever increasing size and cost of government. But, in your mind, I have migrated away from the relevancy of this "debate". Or, maybe that is what underlies the various revenue generating taxes, fees and penalties???

And , sometimes the City is the negligent entity. Ironically, the City merely says Shortage of Resources and/ or manpower, so we can't provide that service . Like cleaning up the fallen/ windblown desiduous leaves leaves from the streets/sidewalks, and even inside my property. The City never cleans up this mess for months, along Alcatraz Ave.

Double Standard.

Why can't the citizens point the finger at the City, and it counts as much/ holds the City strictly accountable/ the same degree of accountability, as when the City points the finger at the citizens, nd holds us accountable? Double Standard.

Can we be honest and comprehensive? Wil you agree with anything I say in my emails, in this email response

HAC 01/15/2025
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3 Interestingly, I respect the extension ( if I hire a licensed contractor, but if I appeal, and continue to proceed to a Court of lkaw, and the enforcement remains pending, compliance would be deferred by almost a year, if not longer.

If I present sound counterpoints, as I believe that I have done, I think, then the Planning Commission should not impose a high Appeal Fee, that I'm seeking a reasonable decision, one that is not so biased as Ms. Burr's or Your one sided interpretation.

Isn't it possible that the EEE section/YOU can recommend to City Council to approve of a change in EEE protocol, thereby providing an Owner Occupancy Exemption. YES OR NO? But, that Ms. Burr, and/ or you REFUSE to forward such a recommendation to City Council, thatnit is possible, but that the EEE section refuses to make any such proposed and recommended modificiation. ISN"T THAT THE ACCURATE TRUTH? yes or no?

ANDREW MAROWITZ 510-356-6813

On Thursday, October 9, 2025 at 04:37:45 PM PDT, Lopez, David <[email protected]> wrote:

Good afternoon Mr. Marowitz,
Your numerous recent communications have been forwarded to me by staff. I understand that you were frustrated while awaiting my response.

First, I must address the tone of your communications to staff. Your messages have been unprofessional and discourteous. This is unacceptable. If similar communications continue, I will cease direct correspondence and refer the matter to my Director. City staff must be treated with respect.

Second, the information provided to you by Ms. Burr—both by email and in person—is accurate. She has reviewed your case with me, and I have confirmed that her guidance reflects the City’s interpretation of applicable codes.

To clarify the matter: this is my formal determination. If you disagree, you may appeal my interpretation of the code in accordance with Berkeley Municipal Code (BMC) Title 19.28.020, Section 113 and 19.44. The notice of appeal shall be filed, along with the payment of the appeal fee, at my office within 30 days of this email and must contain the information listed in BMC Section 19.44.40.

1. There seems to be some confusion and comingling of Berkeley Municipal Code programs in your communications. You frequently refer to RHSP when addressing E3 compliance concerns. The two programs are two different and distinct programs. Ms. Burr is not associated with RHSP. She is only associated with the E3 program.
a. The Rental Housing Safety Program is tasked with enforcing the housing code and the City requires that all rental units in the City of Berkeley be inspected for conformance to the housing code per BMC 19.40.

The authority is provided by the State under California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Sections 17910, 17920, and 17970, and other housing related Codes as adopted by the City.

i. Owner-occupied units are exempt from RHSP inspections because the program’s intent is to protect tenants from substandard housing conditions.

b. The Exterior Elevated Elements Program is tasked with enforcing State law found under California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Section 17973. The authority is given to us under BMC 19.40.040. The BMC requires, that all “projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts HAC 01/15/2025
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4 thereof in weather-exposed areas of Group R-1 and R-2 Occupancies, as defined in the most recent edition of the California Building Code, shall be inspected within six months of adoption of this section, and every six years thereafter…..” State law says, “Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected.” Multifamily dwelling unit building is defined as housing where multiple separate dwelling units for residential inhabitants are contained within one building. i. Buildings that contain three or more dwelling units are classified as R-2 occupancy buildings. The building at 1615 Fairview is considered an R- 2 Occupancy building and it has been confirmed that the building contains three or more dwelling units. ii. Both State law and City law do not exempt dwelling units that are owner occupied. Even condominium buildings with 3 or more condominiums, considered an R-2 occupancy, are required to certify that existing E3 elements are certified safe per California Civil Code Division 4, Part 5, Chapter 7, Article 3 Section 5551. Condominiums are for the most part owner occupied.

To answer your question of why aren’t the EEE protocols addressed exactly the same way?
Nowhere in the E3 laws does it give the City any authority to exempt owner occupied dwellings in an R-2 building. The history of the program started when the tragic incident occurred on June 16, 2015 when the exterior balcony collapsed and 6 young people died and 7 others were injured. Immediately after, the City passed an emergency ordinance to require all E3 components in R-2 buildings to be inspected and certified. The State followed suit, and California regulations were signed into law requiring that E3 elements in R-2 buildings be inspected and certified. When an E3 component fails it can kill or injure the person using the E3 component. For this reason, E3 protocols are not addressed in the manner you would like. RHSP guidelines do not apply to the E3 program.

Regarding your insistence that the building is not an R-2 building and should be considered a family building: all our records and by your own admission clearly indicate that your building is a 4 unit building which is considered an R2 occupancy. Berkeley law uses the definition in the Berkeley Building Code to define R-2 buildings. Dwelling units in R-2 buildings are not exempt regardless of who lives in the dwelling or whether the units are vacant.

Regarding your insistence that you, as an owner, should be able to self-inspect your own property: State law is clear in who is to perform the inspection. Per California Health and Safety Code, Division 13, Part

1.5 Regulation of Buildings Used for Human Habitation, Section 17973, “ The inspection shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction.” State law prohibits the owner from self-certifying their E3 components.

In conclusion:

The building at 1615 Fairview is considered an R-2 Occupancy building and, by your own admission on several occasions, you have confirmed that there are existing E3 components on the building that need to be certified. The pictures in one of your documents confirms that E3 elements exist on your building. You have been issued a Citation HAC 01/15/2025
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5 Warning Letter for not complying with State and City laws. In the warning letter (attached) you have been given a deadline of October 16th to provide a completed and signed, by the retained professional, the Exterior Elevated Elements Inspection Program Inspection Certification form. If this does not occur, citations will be levied. I do have the authority to provide a onetime extension on when the form will be due. If you confirm that you have hired a licensed professional, compliant with State Law, by either sending me a copy of your signed contract with the licensed professional -or- an email thread with the professional confirming the date of their scheduled inspection and that you will be sending me a completed and signed inspection certification form, I will extend the due date for us receiving the form to November 14th.

If the certification does indicate that corrective work is required, then apply for a building permit within 120 days of the date signed on the form, respond to plan check comments within 10 days of the date of the correction letter, obtain a building permit within 10 days of notification of plan approval and complete all work within 120 days of permit issuance.

Regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441

FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

HAC 01/15/2025
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1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 9, 2025 5:40 AM
To: Lopez, David
Subject: Re: 1615 Fairview
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Mr. Lopez:

I am unsure how to respond to you.

Ms. Burr indicated that she forwarded my emails to " her supervisor". Initially and based on numerous attempts to " motivate" a response from Ms. Burr, she unwavering refused to provide the name and title of her supervisor. Then, you show up, the top official in the Building sub-division, not just a mere supervisor. It might seem as if there is a serious jump in authority , not a mere supervisor. And here might be a serious agenda in the works, from someone far more authoritative, not a mere supervisor, given that I have disclosed my intentions to Appeal.

It feels like there has been a deception by Ms. Burr, and her (mere) Supervisor who decided to forward this to you,as Chief Building Official, one with the highest authority. I tend to not believe that you are her direct supervisor, but the top authority, with the most expertise and authority, one in which will carry extreme weight in the Appeal process and with the Planning Commission. I suspect the mere mention of an Appeal has caused the direct supervisor to decide to bring you into the debate/ dispute of interprettions of contradicting protocols of the EEE and the RHSP protocols.

Lastly, as the Building Director, I am of the notion that the Chief Building Official may tend to not be fair-minded and open to ( reasonable) counterpoints, but may provide a position to unwaveringly support and defend the EEE protocols, rather than provide reasonable legitimacy to the legitimacy of the protocols of the Rental Housing Safety Program.

If all/ most of my suspicions are close to accurate, then you will chew me up , and spit me out. A mere supervisor doesn't have your authority , nor level of knowledge and expertise. And it would seem you will structure your position such that EEE will not be contradicted by the protocols of the RHSP , which are far more preferable and favorable to the property owner and Owner Occupant, both in serving the interests of the Owner Occupant, as well as cost burden to the Owner and/ or Owner Occupant, as well as create/ facilitate a mechanism to protect/release the City of Berkeley from potential liability, in the event of a hypothetical injury. This, in turn, alleviates the Owner Occupant from spending about $1000 for a third party contractor, the building permit component for some repairs.

As absurd as this may sound, as an Owner Occupant, wanting an exemption from EEE, I just want to be left alone, and the RHSP protocols, generally provide such an Exemption.

My three rental units, all on the ground floor are all vacant/ not being rented and will remain so until I sell this building .

Further, these ground floor rental units have no EEE components above six feet, or even 3 feet. Accordingly, these three units should be exempt from EEE.

Because of Rent Control, Just Cause, Attorney Fees by Statute, and $45,000 buy-out mandates, and Tenant Protection Ordinances ( but no equal landlord protection Ordinance or any protections/ rights) AND MORE.

I hate being a landlord in the City of Berkeley ,
and no one wants to discuss, why it is terrible for landlords to be landlords. Landlords have zero rights , protections or control of his business or possession of his property, once he rents it out. Why would anyone want to be a landlord? I do not want to wear a sign on my back that says " Victim, Please kick me.".

And the punishing City of Berkeley, instead of being tolerant of my preference to keep my rental units vacant willfully, now have the vacancy parcel tax, to punish owners who hate being landlords, who were massively victimized by the Eviction Moratorium and refuse to continue to be victimized. The City of Berkeley has regulated all avenues , thereby the Owner is not really the Owner, but merely the name of the deed. The City owns the property, via the never ending regulations, despite what the 5th and 14th Amendment say.

But, as Owner Occupant, I am exempt from the Vacancy Parcel Tax.

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2 So, I suppose you will state that you are Ms. Burr's Supervisor, despite what appears to be a sizable authority jump, which may be fact manipulation, and the rest of the agenda, given my intentions to Appeal. Clearly, to me, there is BIAS and City Employees fully supporting each other and the City of Berkeley, to defend the EEE protocols, no matter what. But the RHSP protocols provide a win-win, for both the EEE/ the City, and the Owner/ Owner Occupant.

Respectfully, Andrew Marowitz, Owner and Owner Occupant/ sole Occupant of my building.

No one will be occuping space in my building until I sell m building. That is how much I hate being a landlord in the City of

Berkeley. Nothing but a pain in my reality, It's( the headaches) are not worth the rental income. Thre is so much more to being a landlord than simply the money. I have been a landlord for 35 years. I know all of the ugly truths. Interest rates are beginning to come down.

On Wednesday, October 8, 2025 at 03:27:53 PM PDT, Lopez, David <[email protected]> wrote:

Good Afternoon Mr. Marowitz,

I want to inform you that Ms. Burr has forwarded me all your communications. I will be responding to you in the next several days.

I know you are being insistent for a response but rest assured I will respond. Please discontinue sending emails to Ms.

Burr.

Regards,

David A. Lopez
Chief Building Official/Building and Safety Manager
1947 Center Street, 3rd Floor
Berkeley, CA 94704
Phone:510-981-7441
HAC 01/15/2025
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3 FRAUD ALERT! Do not provide payment information by telephone. City of Berkeley Building and Safety staff will NEVER call to ask for payment. If you receive such a call, please HANG UP! Email [email protected] about it, and report the fraud attempt to the Berkeley Police Dept. at (510) 981-5900.

This e-mail contains privileged information intended only for the use of the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution, or any action taken in response to this e-mail is prohibited and unlawful. If you have received this e- mail in error, please notify sender by e-mail and then discard. Thank you for your cooperation.

 Please consider the environment before you print

HAC 01/15/2025
Attachments 5a-5e
HAC PAGE 155

1 Burr, Galadriel
From: Andrew Marowitz <[email protected]>
Sent: Sunday, October 5, 2025 8:42 PM
To: Burr, Galadriel
Subject: Re: City Response to Owner Letter Received 2025-09-25_1615 Fairview St Berkeley Ms. Burr:

Additionally , you knowingly, willfully and deliberately qavoided and omitted any reference and inconsistency of the protocols that I submitted to you, AND YOUR BOSS, REGARDING THE RENTAL HOUSING SAFETY PROGRAM, which provides an exemption for Owner Occupied Units and self inspected and stated habitabily and safety of all components and oiperations of the building. Why shouldn't the EEE have the exact same protocols and procedures?

As such, you omitted any comment on the compaison of EEE and RHSP/

You have conducted yourself , not with "best regards" for me, but to omit any of my counterpoints and reasonable arguments in contradiction to EEE and protocols. By omitting so many /all of my counterpoints, you refused to concede on any of my logic. You didn't conduct yourself or the boss, with willingness to grant any of my points, thereby you were even remotely fair and reasonable, but with the agenda to impose your position regardless of its weaknesses.

You truly conducted this exchange by way of FRAUD BY OMISSION. This is hardly different than a crook trying to get away with a crime.

The government is supposed to be fair and honest, and let the chips fall where they may. But, not in the City of Berkeley/ This EE department. In Berkeley, Complete Authority/ Control, and as always $$$$$, even by lies by Omission.

But, instead you acted with complete dishonesty by Omission. To me, this / your frequent omissions of my points are dishonest and despicable. You should be willing to admit to such conduct. But, I expect you to avoid any mention of your conduct and my points and the comarison of the RHSP.

Do you consider/ believe that , by omission, you were completely honest and fair?

Do you believe that honesty requires addressing the opposing point of view, not just your biased , one sided position?

Please RESPOND, and address my points , not by re-directing the reader to your points, but by directly addressing MY POINTS.

Andrew Marowitz 510-356-6813

On Sunday, October 5, 2025 at 04:43:05 PM PDT, Andrew Marowitz <[email protected]> wrote:

Ms. Burr:

After having reviewed the entire series of documents, please disregard the prior request for the exemption documents.. I see them and have reviewed them.

Please provide the names and titles of those persons that advised or instructed you.

I will now review the state laws that you have referenced, though the state law(s) have made it perfectly clear that the state law defers to the local law(s), which ,effectively renders the state law(s) as moot. I will research and provide the specific law that advises deference to local laws.

Depending on what I research, I am recovering from my hip replacements and need some added time for good cause. I can re-attach the handrail, and will attempt to screw the few loose stair treads on the back stairs. AND/BUT I do not have HAC 01/15/2025
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2 available funds to pay for a contractor and have dedicated my funds to property taxes due on December 10th or before. I suppose that your relentless protocols provide no tolerance for disables and low income individuals and that property taxes are irrelevant to the timeline, is that correct?

Again, the rental units aside from being vacant and unrented, have no EEE components 6 feet or over, and all three are on the ground floor will is 2 feet above the ground. Interestingly, you clearly omitted any commentary as to that component, Should that omission be construed as dishonest by omission? I specifically request a comment as to this disputed omission, immediately.

You also omitted any commentary as to my referencing that the second floor unit is exclusively Owner Occupied, and not a rental. I have repeatedly referenced this issue , asserting that I should be provided with an Owner Occupancy exemption, and would Appeal , based on said Owner Occupancy. Why did you omit any commentary as to this assertion.

As I previously stated in researching the original enactment of this issue by Nancy Skinner and Jerry Hall, Ms Skinner refused to include Owner Occupancy Exemptions claiming to "protecting the public", but that appears to be hypocritical/ "arbitrary and capricious", since she expressed no concern for the public in SFRs , Duplexes and Tri-Plexes.

Accordingly, I would respectully demand a response as to your/ your bosses interpretation mof these seeming contradictions of enforcement and exemptions . It would seem that Skinner elected to base the legislation on the building, which has no rights or protections, while Owner's/ persons have rights and protections. Please provide a response, since it appears that you omitted any commentary of anything that provides a contraversy of any sort, which may tend to weaken your/ your bosses/ the City's position.

Also , you omitted the distinction of the definitions of Multi-Unit as opposed to Multi-Family. What does it take for you to provide full and complete honest answers and responses, Ms. Burr, and you boss? As I have repeatedly stated, I am the only Occupant, and therefore a single family occupant, and I use all 4 units for my personal use, effectively making this a SFR. I cannot control the fact that the State and the City refuse to allow me to re-classify my Multi-Unit building as a SFR, though being the Owner and Occupant. It is not my fault , or agenda that government has decided to refuse any legal conversion to a SFR, because the State and City have taken away my rights to use my property as a legal SFR, due to their reckless creation of shortage of available housing to illegal immigrants, early release prisioners, and the homeless.

The City and State , by self serving regulatory power, has refused my right to use my property as a single family dwelling. In other words, the government is toxic to my rights to use my property as a asingle family dwelling, and now states that I must pay fees for my use of the vacant rental units. When, if ever, do we/ society question or challenge government as self serving and disregards my 5th and 14th Amendment rights of ownership? NEVER? When, if ever, is government viewed as toxic? NEVER, unfortunately. Maybe , the Courts should ask such questions, rather than granting unquestioned authority over the citizens and property owners and owner Occupants????? PLEASE RESPOND.

I respectfully believe and suggest that your frequent use of omissions could be construed as fraud by Omission. What do you think and say about your frequent use of City / self serving practice of selective omissions. Is it/ should it be considered as honest , or dishonest?

I strongly believe that the Planning Commission or the Courts should consider and decide on the possibility of providing Owner Occupancy Rights and , in this case, Exemptions if the particular set of facts clearly demonstrate that Owner Occupancy Exemption is , or should be, a legitimate right, protection, and benefit provided to Owner Occupants in their own property. Clearly, the relationship to protecting the public , is a convenient , but inconsistent with the same reasoning for SFR's Duplexes and Tri-Plexes, and "arbitrary and capricious" justification to deny Owner Occupancy status any rights, protections, or exemptions. And it should be viewed as such

Any further and continued avoidance of responses by willful and deliberate omission should and will be viewed as fraud by Omission, and will be argued as such , in my expected Appeal and any Court filing for a Judge to consider.

Government constantly endeavors to reduce the rights of Property Owners and Owner Occupants until they have no rights, that all rights are merely hollow words. I am profoundly offended by the elimination of virtually all rights and protections of Owned Real Estate and Owner Occupancy.

Andrew Marowitz 510-356-6813

On Sunday, October 5, 2025 at 03:38:52 PM PDT, Andrew Marowitz <[email protected]> wrote:

HAC 01/15/2025
Attachments 5a-5e
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3 Ms. Burr:

As of now, I have NOW read the first attachment of your series of documents/ emails.

My first response is, you should provide the names and titles of anyone who assisted you, or advised you, or instructed you such that you prepared this/these documents. They should not stay anonymous for the purposes of this series of letters, anmd of course you should include the names anmd titles of your supervisor and manager, Mr Jensen,as I recall.

You elected to make statements without providing the actual exemption application documents, thereby slightly mistating what I stated , or you did not state. Accordingly, per your statements of those documents, please provide me with the actual exemption documents, which will indicate the boxes I checked, the basis for my claimed exemptions, as well as exactly what the form states. Please provide these immediately, since the timimg of the Appeal, if submitted, must be submitted on or before October 16th,2025.

More to come,as I review these series of documents as well as your cited state laws.

Andrew Marowitz 510-356-6813

On Friday, October 3, 2025 at 04:02:34 PM PDT, Andrew Marowitz <[email protected]> wrote:

Ms. Burr:

I just got to my computer, seeing your series of responses, but have not read them as yet.

It occurs to me that , with respect to the EEE protocol, there is no reason why the EEE protocol cannot resemble the RHSP protocol, in which the Owner inspects, repairs , verifies under penalty of perjury, that there is no indications of EEE violations, and that he is/will be responsible, as he presumably is in the RHSP protocols, thereby removing / arguably removing the City from any potential future liability.

It works/ functions/ operates no differently than the RHSP protocols, and potentially saves the Owner(Occupant) hundreds of dollars by eliminating the 3rd party delegate, and potentially any permits. It is a Win-Win scenario. Would you agree or disagree?

Please respond ASAP.

Now, I will review the attachments, maybe tomorrow.

Andrew Marowitz

On Friday, October 3, 2025 at 01:20:50 PM PDT, Burr, Galadriel <[email protected]> wrote:

Hello Andrew,

Please find attached my response to your letter received September 25, 2025 in-person at the Permit Service Center, along with the corresponding attachments.

Kind regards,
Galadriel

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Attachments 5a-5e
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4 Galadriel Burr
Community Services Specialist III
Resilient Buildings and Seismic Programs
City of Berkeley
Building & Safety Division
1947 Center Street, 3rd Floor, Berkeley, CA 94704
Phone: 510.981.7475
Email:| [email protected]

From: Andrew Marowitz <[email protected]>
Sent: Thursday, October 2, 2025 8:45 AM
To: Burr, Galadriel <[email protected]>
Subject: Re: EEE inspection and enforcement 1615 Fairview St Berkeley

 Permits are not required for ordinary repairs to structures performed for the purpose of maintenance. The repair work is limited to work on the affected item and does not include reframing, replacement or any other alteration or new work.
 Permits are required for any code regulated activities, including but not limited to the following: cutting, notching or replacement of any structural framing elements or structural supports; replacement of membranes; replacement of exterior finishes; guardrail replacements; installation of ventilation openings; and similar activities.

On Thursday, October 2, 2025 at 08:20:08 AM PDT, Burr, Galadriel < [email protected]> wrote:

Hello Mr. Marowitz,

My apologies for the delay. I will have a response to your letter received September 25, 2025 by tomorrow.

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Attachments 5a-5e
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5 To be clear, I did not make sure to advise you that “the minor repairs do not require a permit”, but rather provided you with additional information regarding when a permit is required for E3 corrective work, as stated in my email below.

Please note that my refrain from responding to your general negative thoughts and opinions about government in prior emails and voicemails does not constitute agreement on my part.

Kind regards,
Galadriel

Galadriel Burr
Community Services Specialist III
Resilient Buildings and Seismic Programs
City of Berkeley
Building & Safety Division
1947 Center Street, 3rd Floor, Berkeley, CA 94704
Phone: 510.981.7475
Email:| [email protected]

From: Andrew Marowitz <[email protected]>
Sent: Wednesday, October 1, 2025 2:43 PM
To: Burr, Galadriel <[email protected]>
Subject: Re: EEE inspection and enforcement 1615 Fairview St Berkeley

Ms. Burr:

I am concerned that you will not be issuing a definitive response regarding my informail appeal/ of the arbitrary and capricious postion of EEE and its mandate of refusal of Owner Occupancy exemption on the second floor flat. The RHSP contradicts the policies and protocols of EEE 100%.

You made sure to advise me that the minor repairs do not require a permit, but I'm not , nor am I in a fiscal comfort level t o
pay for a third party inspection and approval, given the expected cost of $350-400, because the City refuses to be accountable for inspections and potential liability if it's employees are less than competent.

Acordoingly, in your most recent email, you indicated that you would be responding soon, but no response as of this date.

Respectfully, I will not Appeal , at least until Monday, October 6th, thereby allowing you and your boss to compare and decie issues for 4 business days. After October 7th, if no definitive response is sent to me, I will process a formal Appeal thereafter.

In responding, if you do, please do not omit or withhold detail(s), as your position should be comprehensive and sufficient to address all of my counterpoints.

Yours very truly, Andrew marowitz.

P.S a reason for not even trying to do the repairs immediately is due to my recovery period for my hip replacement surgery. It doesn't matter to you, but it is vitally important to me/ my health.

On Tuesday, September 30, 2025 at 01:57:53 PM PDT, Andrew Marowitz < [email protected]> wrote:

Ms. Burr:

The problem with government is that government endeavors to give itself authority and control over everything, and thereby regulates everything and attaches fees,taxes, and penalties on everything. You mentioned fresh air is free. After further thought, , aside from requiring smog checks from vehicle owners, the government reaches further, by taxing the test shops and the repair shops for smog, taxing the business income and parts.

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6 Government taxes .fees and penalizes everything in life. They do so, by regulating the freedom of citizens in every nuance in life.

In short, government is toxic and hostile to citizens, We are merely wallets, to fund government employees paychex, benefits and pensions. It is a total con job. The biggest pick pocket on earth. I challenge you to challenge this set of beliefs, and look not just at the surfact, but throughout the 1000 txes,fees and penalties. Then question the productivity of government , with longer breaks, lunches, paid holidays. Did you know thhat the City of Berkeley employees have more paid holidays than any other city in the State of Californiia, all paid by us taxpayers. We, the citizens/taxpayers are being ripped off at every angle/vantage point.

Then they screw all property owners with parcel taxes every two years, to pay for COLAS, and new taxes, like the vacancy parcel tax, even when an owner chooses to not be victimized over and over again, by putting himself in the role of landlord.

Government is the citizen's worst enemy, and you know it. But government refuses to be honest. Embedding themselves in the "Public Interest. What a con game !!!

Back on topic, why does the RHSP provide Owner Occupancy Exemptions, while the EEE completely disregards Owner Occupancy Exemptions. It is arbitrary and capricious. This is a legal phrase that addresses the self serving con games of government.

EEE rules place total control and discretion on government, disregards Owwner Occupancy Exemptions because it serves the interests and benefit of government. I should be allowed to make such repairs on my own , or not at qall, until I decide when, how, how much, . But, then, we wouldn't need so many government employees, or laws/ regulations. We'd have more discretionary money in our wallets. Government never ever limits the extent of taxation. It just keeps taxing to fund its operations, no matter if it is waste, excessive spending,etc..

I will be mindful of the suggested repairs, without permits, if the toxic City of Berkeley insists that they have authority o f my
owner occupied flat, AKA , the ownetr's unit. This is EXACTLY WHY LEGISLATOR'S LIKE SKINNER AND HALL REFUSED TO PROVIDE OWNER'S AND LANDLORDS WITH RIGHTS. ACCORDINGLY, THEY CREATE LEGISLATION ON THE BUILDING, WHICH HAS NO RIGHTS. . TO ME, ALL OF THIS IS DISGUSTING AND DESPICABLE!!! FREEDOM IS AN EMPTY , HOLLOW WORD. i BET YOUR BOSS DISAGREES, BUT HE WOULD BE SERIOUSLY CHALLENGED IN DISPUTING MY POINTS AND , 4ESPECIALLY MY FINANCIAL COMPONENTS OF TRUTH AND GOVERNMENT.

As owner Occupant, I should not have government hovering over my back , telling what to do in my own residence.

Freedom? Where? Government over-reach? Everywhere, because it provides ample workload for government and numerous avenues of taxation, fees, and enforcement penalties. TOXICITY AND CONTROL. Government should be serving the taxpayers,. Instead, the citizens / taxpayers, serve the interests of government. If government trul served the interests of the taxpayers, then government would be constantly striving to reduce taxation, and the size of cost of government. Government, is strving to constantly get larger and more cowstly to the taxpayers= our worst enemy. in life.

It is not just my opinion, it is 100% truth.

Your bias as a taxpayer funded employee prevents you from embracing these truths.

Andrew Marowitz

On Tuesday, September 30, 2025 at 11:14:08 AM PDT, Burr, Galadriel < [email protected]> wrote:

Hello Andrew,

I will soon be responding to your letter received September 25, 2025, but I wanted to provide you with copies of the most recent State legislation for exterior elevated elements, per your request. Please find Health and Safety Code Section 17973 and Civil Code Section 5551 (Condos).

Also, when we met in the Permit Serve Center you had some questions about when a permit is required to do E3 corrective work. The following information can be found in our Frequently Asked Questions document on the City’s website:

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Attachments 5a-5e
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7  Permits are not required for ordinary repairs to structures performed for the purpose of maintenance. The repair work is limited to work on the affected item and does not include reframing, replacement or any other alteration or new work.  Permits are required for any code regulated activities, including but not limited to the following: cutting, notching or replacement of any structural framing elements or structural supports; replacement of membranes; replacement of exterior finishes; guardrail replacements; installation of ventilation openings; and similar activities.

For more information about the E3 Inspection Program, please visit https://berkeleyca.gov/doing-business/operating- berkeley/landlords/exterior-elevated-elements-inspection-program-e3 .

Regards,
Galadriel

Galadriel Burr (she/her)
Community Services Specialist III
Resilient Buildings and Seismic Programs
City of Berkeley
Building & Safety Division
1947 Center Street, 3rd Floor, Berkeley, CA 94704
Phone: 510.981.7475
Email:| [email protected]

From: Andrew Marowitz <[email protected]>
Sent: Thursday, September 25, 2025 4:28 PM
To: Burr, Galadriel <[email protected]>
Subject: EEE inspection and enforcement 1615 Fairview St Berkeley

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Ms. Burr:

I am to ask you what is the most recent State Legislation and the other request is ? Can't remember

BUT, after further thought the protocols of the Rental Housing Safety Progrqm is the perfect supporting example, regardless of the amount of the fees.

The required documentation is that I, as Owner/landlord, am required to inspect, repair, and sign off under oath, the long list of tenant premises conditions, ie the building, and sign off on those items listed in the lengthy list. I am required to sign under penalty of perjury. And subject to enforcement and penalty if there becomes a tenant complaint/problem.

As to the same list, sign off,etc for owner occupied premises, I, as Owner Occupant, am exempt,as is the premises of my owner ocupied unit.

In other words, the RHSP guidelines and protocol protects the building AND the tenants premises. BUT, simultaneously exempts the Owner Occupied premises.and conditions.

The question that looms is why isn't the EEE protocols addressed EXACTLY the same way?

Further ,I reviewed Skinner and Hill's legislation/ AB 721, the balcony bill for Berkeley., and it addresses , numerous times

the phrase " Multi-Unit, but never, ever combines the phrase " Multi_unit/Multifamily" as contained in the exemption application form. Combining the two as if Multi Family is the same as Multi-Unit is not only a improper redundancy, it is wholly unnecessary. The phrase "Multi-family is, or should address the assumption/inference that Multi-Unit is housed by "Multi Families". Assum
ing my belief and argument are accurate, I, as, Owner Occupant is considered a Family, and thus, if I personally use all 4 Multi-units, I must be considered as a Single Family Resident/Occupant in the Multi-Unit building.

Accordingly, the building is Multi Unit, providing housing and use to a Single Family/ AKA Owner Occupant= Exempt

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8 And the guidelines and protocols of the RHSP are perfectly consistent with that approach, in which the building conditions are addressed and the tenants protected, while the Owner Occupant's unit is exempt from any involvement by the Housing Inspectors , in the event that they elect to inspect.

This is part and parcel of my argument NOW, in support of the Owner Occupant's Exemption from enforcement. Please raise this comparable to your supervisor and the Planning Official.

Again, I can provide access to demonstrate no tenants, as confirmed by the RHSP paperwork and affidavid, signed under penalty of perjury.

To do otherwise from the EEE protocols are inconsistent and contradictory.

Andrew Marowitz
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Attachment 8
HAC PAGE 200

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Attachment 8
HAC PAGE 201

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Attachment 8
HAC PAGE 202

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Attachment 8
HAC PAGE 203

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Attachment 8
HAC PAGE 204

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Attachment 8
HAC PAGE 205

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Attachment 8
HAC PAGE 206

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Attachment 8
HAC PAGE 207

Housing Advisory Commission
2180 Milvia Street, 2nd Floor, Berkeley, CA 94704 Tel: 510. 981.5400 TDD: 510.981.6903 Fax: 510. 981.5450 E-mail: [email protected]

HOUSING ADVISORY COMMISSION
Notice of Decision
Appeal of Deci
sion by Building Official for 1615 Fairview Street regarding the Applicability of Exterior Elevated Elements Inspection Requirement DATE OF COMMISSION DECISION: January 15, 2026
DATE NOTICE MAILED: February 11, 2026
APPEAL PERIOD EXPIRATION: February 20, 2026

DETERMINATION OF ISSUES PRESENTED
The Housing Advisory Commission of the City of Berkeley, after conducting a public hearing, DENIES the appeal and AFFIRMS the Building Official’s determination that (1) 1615 Fairview Street is not in compliance with the Exterior Elevated Elements (E3) Inspection Program and (2) upholds the associated fees consistent with Council-adopted policy and State law.

FINDINGS OF FACT

1. Applicability of the E3 Inspection Requirement
The subject property at 1615 Fairview Street is a four-unit residential building classified as Group R-2 occupancy with exterior elevated elements more than six feet above grade. California Health and Safety Code Section 17973 and Berkeley Municipal Code Section 19.40.040 require inspection and certification of exterior elevated elements in all buildings containing three or more multifamily dwelling units. These requirements apply regardless of whether the units are rented, vacant, or owner-occupied, and regardless of the owner’s income level. No exemption exists for owner-occupied or vacant units.

2. Appeal Fee Authority, Amount, and Hardship Claims
The $1,000 appeal fee for appeals of Building Official determinations is listed in the Planning Department fee schedule adopted by City Council on June 17, 2025, by Resolution No. 71,834-N.S
.

The fee is calculated to reflect estimated staff time required to research, prepare materials, and conduct an appeal hearing. It was not arbitrarily imposed by the Building Official.

No hardship exemption exists for low-income seniors under the E3 program or the appeal ordinance. The unreasonable hardship provisions of the California Building Code apply only to certain accessibility upgrades and do not apply to E3 inspection requirements
. The administrative citation hardship waiver under BMC Section 1.28.070 is not relevant because no citation has been issued in this case.

Attachment 4

Housing Advisory Commission
Notice of Decision

3. Building Official’s Determination
The Building Official correctly applied state and local law in requiring compliance with the Exterior Elevated Elements Inspection Program and associated fees. The subject property does not meet any statutory or regulatory exemption criteria.

The Housing Advisory Commission finds no error in interpretation, application, or enforcement of the Exterior Elevated Elements Inspection Program.

COMPLIANCE REQUIREMENTS

To comply with the City of Berkeley’s E3 Inspection Program Requirements, you must:

1. Hire a licensed or certified professional to perform an inspection of the exterior elevated elements at 1615 Fairview Street, per Berkeley Municipal Code Section 19.40.040, and submit a fully completed E3 Inspection Certification Form within 30-days from the date of this Notice of Decision.

Licensed professionals (excluding City of Berkeley employees) include the categories below, with current licensure in California:
• Licensed architects
• Licensed civil engineers and licensed structural engineers • Licensed general contractors
Certified Professionals (excluding City of Berkeley employees) include the categories below:
• Certified Building Inspectors, ICC B5 or equivalent
• Certified Building Officials, ICC CBO or equivalent

2. Submit the completed E3 Inspection Certification form by email, mail, or in-person. • By email: [email protected]
• By mail (or in-person):

Exterior Elevated Elements Program
1947 Center Street, 3rd Floor
Berkeley, CA 94704

3. An exterior elevated element found by the inspector to be in need of repair or replacement shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the Berkeley Building and Safety Division, and all repair and replacement work shall be performed by a qualified and licensed contractor in compliance with California Building Standards Codes and California Health and Safety Code.

4. An exterior elevated element that the inspector determines presents an immediate threat to occupant safety, or that is damaged in a manner that restricts required access, egress, or

Housing Advisory Commission
Notice of Decision

emergency use (including, but not limited to, exit stairs), shall be deemed an emergency condition. Emergency conditions also include situations requiring immediate repair or shoring. In such cases, the building owner shall immediately repair the damaged condition and, if required, implement all necessary interim safety or preventive measures to keep the occupants safe. The owner or contractor shall obtain a permit within 1 business day for the emergency repair work performed per CBC 105.2.1. All emergency repairs shall comply with subdivision (g) of Section 17973 of the California Health and Safety Code and shall be reported to the local enforcement agency.

5. The owner of the building with an exterior elevated element that is in need of repair or replacement that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of the inspection date. • Once a building permit application has been submitted, respond to plan check comments within 10 days of the date of the correction letter, and obtain a building permit within 10 days of notification of plan approval.
• Once the permit is approved, the owner of the building shall have 120 days to complete all corrective work with an approved final inspection, unless an extension of time is granted by the local enforcement agency.

6. Once corrective work is completed with an approved final inspection, submit an updated E3 Inspection Certification form verifying that the exterior elevated elements at 1615 Fairview Street were repaired and are now in general safe condition, adequate working order, and do not exhibit signs of deterioration, decay, corrosion or similar damage that could pose a safety concern and there is no evidence of active water intrusion in concealed spaces of the inspected elements.

7. An Inspection Certification form must be submitted by the designated deadline for each E3 inspection cycle, Per Berkeley Municipal Code 19.40.040, cyclical inspections shall be completed by March 31, 2022 and every six years thereafter.

TO APPEAL THIS DECISION:

To appeal a decision of the Housing Advisory Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City C
lerk, located at 2180 Milvia Street, 1st Floor, Berkeley within 10 days of the effective date of the decision. The City Clerk’s telephone number is (510) 981-6900.

2. The appeal must be received prior to 5:00 p.m. on February 20, 2026 (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3. Pursuant to BMC 19.44.090, the decision of the Council shall be final.

Housing Advisory Commission
2180 Milvia Street, 2nd Floor, Berkeley, CA 94704 Tel: 510. 981.5400 TDD: 510.981.6903 Fax: 510. 981.5450 E-mail: [email protected]

HOUSING ADVISORY COMMISSION

APPROVED MINUTES

Regular Meeting
Thursday, January 15, 2026
7:00 pm
South Berkeley Senior Center
2939 Ellis Street

Snow Zhu, Secretary
[email protected]

1. Roll Call

Present: Valeria Chupina (alternate for Alfred Twu), Karen Haycox, Syrak Micael, Rebecca Mirvish, David Shere, Leah Simon-Weisberg.

Absent: Sarah Bell (excused), Debbie Potter (excused), Sean Vaughn Scott (excused), Alfred Twu (excused).

Staff Present: Galadriel Burr, David Lopez, Mike Uberti, and Snow Zhu.

Commissioners in attendance: 6 of 6
Members of the public: 4
Public Speakers: 2

2. Land Acknowledgement

3. Agenda Approval
Action: M/S/C (Haycox/Shere) to move Item 9 before Item 8 and approve the agenda.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

4. Public Comment
There were two speakers during public comment.

5. Approval of October 9, 2025 Regular Meeting Minutes
Action: M/S/C (Micael/Shere) to approve the October 9, 2025 Regular Meeting minutes.

Vote: Ayes: Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None. Abstain:

Chupina. Absent: Bell (excused), Potter (excused), Scott (excused).

6. Approval of November 6, 2025 Regular Meeting Minutes Action: M/S/C (Haycox/Mirvish) to approve the November 6, 2025 Regular Meeting minutes.

Vote: Ayes: Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None. Abstain:

Chupina. Absent: Bell (excused), Potter (excused), Scott (excused).

Housing Advisory Commission
January 15, 2026

7. Receive Presentation on Exterior Elevated Elements Inspection Program (E3)

8. Appeal of Determination by Building Official for 1615 Fairview Street regarding the Applicability of Exterior Elevated Elements Inspection Requirement Action: M/S/C (Mirvish/Chupina) to close the hearing.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

Action: M/S/C (Shere/Haycox) to deny the appeal and affirm the Building Official’s determination that (1) 1615 Fairview Street is not in compliance with the Exterior Elevated Elements (E3) Inspection Program and (2) uphold the associated fees consistent with Council-adopted policy and State law.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

9. Appeal of Citation for 2210 Vine Street regarding Exterior Elevated Elements Violation
Action: M/S/C (Haycox/Chupina) to close the hearing.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

Action: M/S/C (Mirvish/Shere) to affirm the Building Officials determination that (1) 2210 Vine Street is not in compliance with the Exterior Elevated Elements (E3) Inspection Program, per Berkeley Municipal Code Section 19.40.040 and (2) uphold the Administrative Citation #10080, issued May 4, 2023 for $500.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

Action: M/S/C (Simon-Weisburg/Chupina) to deny the appeal.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

10. Discussion and Possible Action: Feedback on State Legislative Priorities

11. Update on Council Items (Future Dates Subject to Change)

12. Announcements/Information Items

13. Future Items

14. Adjourn
Action: M/S/C (Shere/Micael) to adjourn at 9:36 pm.

Vote: Ayes: Chupina, Haycox, Micael, Mirvish, Shere, and Simon-Weisberg. Noes: None.

Abstain: None. Absent: Bell (excused), Potter (excused), Scott (excused).

Approved: _________________________________, Snow Zhu, Secretary

Attachment 5

BMC 19.40.040, Structural Requirements Page 1 of 2
The Berkeley Municipal Code is current through Ordinance 7977-NS, passed July 8, 2025.

19.40.040 Structural Requirements.
404--Structural Maintenance
A. Pursuant to the requirements of Health and Safety Code Section 17973 (inspection deadlines in subsection (d) notwithstanding) projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of Group R-1 and R-2 Occupancies, as defined in the most recent edition of the California Building Code, shall be inspected within six months of adoption of this section, and every six years thereafter by a licensed general contractor, licensed architect, licensed civil or structural engineer, or certified building inspector or building official who are not employees of the City of Berkeley to verify that the elements are in general safe condition, adequate working order, and do not exhibit signs of deterioration, decay, corrosion or similar damage that could pose a safety concern and there is no evidence of active water intrusion in concealed spaces of the inspected elements. The inspection schedule set forth above shall apply retroactively to the original enactment of the City’s Exterior Elevated Elements inspection program on July 14, 2015; cyclical inspections shall be completed by March 31, 2022 and every six years thereafter.

B. Pursuant to the requirements of Code of Civil Procedure Section 5551, projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of condominium projects containing 3 or more dwelling units shall be inspected by January 1, 2025, and then at least once every nine years. The inspection shall be conducted by a licensed structural engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.

The inspection reports shall comply with the requirements of Health and Safety Code Section 17973 Subsections (c) and (d). The property owner shall be responsible for complying with the repair requirements set forth in Health and Safety Code Section 17973 Subsections (g), (h) and (i). Property owners shall provide proof of compliance with this section by submitting an affidavit form provided by the City. The affidavit shall be signed by the responsible inspecting party and submitted to the Housing Code Enforcement Office. If the inspector indicates corrective work is required, a second affidavit form shall be submitted once the work is completed. For the purpose of this section, elevated "weather-exposed areas" mean those areas which are not interior building areas, extend beyond exterior walls and are located more Attachment 6

BMC 19.40.040, Structural Requirements Page 2 of 2
The Berkeley Municipal Code is current through Ordinance 7977-NS, passed July 8, 2025. than six feet above adjacent grade. For newly constructed residential buildings, inspections shall occur no later than six years following issuance of the Certificate of Occupancy for such buildings. (Ord. 7840-NS § 2, 2022)

Code: Select Code Section: 1 or 2 or 1001 Search
DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. )
CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) 17973.

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HEALTH AND SAFETY CODE - HSC

ARTICLE 2.2. Exterior Elevated Elements: Inspections. [17973- 17973.] ( Article 2.2 added by Stats. 2018, Ch. 445, Sec. 2. )

(a) Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. The person or business performing the inspection shall be hired by the owner of the building. (b) For purposes of this section, the following terms have the following definitions:
(1) “Associated waterproofing elements” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements. (2) “Exterior elevated element” means the following types of structures, including their supports and railings:
balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element. (3) “Load-bearing components” are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building. (c) The inspection required by this section shall at a minimum include:
(1) Identification of each type of exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2) Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements identified in paragraph (1) using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected. (3) The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A) The current condition of the exterior elevated elements.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 9/30/25, 11:01 AM California Code, HSC 17973
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=17973 1/3

(B) Expectations of future performance and projected service life. (C) Recommendations of any further inspection necessary. (4) A written report of the evaluation stamped or signed by the inspector presented to the owner of the building or the owner’s designated agent within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.
(d) (1) The inspection shall be completed by January 1, 2026, and by January 1 every six years thereafter. The inspector conducting the inspection shall produce an initial report pursuant to paragraph (4) of subdivision (c) and, if requested by the owner, a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, shall be provided by the inspector to the owner of the building and to the local enforcement agency within 15 days of completion of the report. Subsequent inspection reports shall incorporate copies of prior inspection reports, including the locations of the exterior elevated elements inspected. Local enforcement agencies may determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the local jurisdiction. Copies of all inspection reports shall be maintained in the building owner’s permanent records for not less than two inspection cycles, and shall be disclosed and delivered to the buyer at the time of any subsequent sale of the building. (2) Notwithstanding paragraph (1), if the owner of the building confirms the presence of asbestos containing material (ACM) during the inspection process and is unable to complete the inspection as a result, the owner of the building shall have up to nine months to complete the necessary ACM abatement in accordance with applicable federal, state, and local laws. Upon completion of ACM abatement, the owner of the building shall have no more than three months to complete the inspection in paragraph (1). The owner of the building shall retain records confirming the presence of ACM and its abatement for three years after completion of the inspection. (e) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section. (f) If the property was inspected within three years prior to January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until January 1, 2026. (g) An exterior elevated element found by the inspector that is in need of repair or replacement shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:
(1) The recommendations of a licensed professional described in subdivision (a). (2) Any applicable manufacturer’s specifications.
(3) The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code.
(4) All local jurisdictional requirements.
(h) (1) An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.
(2) The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 9/30/25, 11:01 AM California Code, HSC 17973
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=17973 2/3

days of receipt of the inspection report. Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the local enforcement agency. (i) (1) The owner of the building shall be responsible for complying with the requirements of this section. (2) If the owner of the building does not comply with the repair requirements within 180 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency. (3) In the event that a civil penalty is assessed pursuant to this section, a building safety lien may be recorded in the county recorder’s office by the local jurisdiction in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. (j) (1) A building safety lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the 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 building. (2) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A safety lien and the release of the lien shall be indexed in the grantor-grantee index. (3) A building safety lien may be foreclosed by an action brought by the appropriate local jurisdiction for a money judgment.
(4) Notwithstanding any other law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the owner of the building. A city may recover from the owner of the building any costs incurred regarding the processing and recording of the lien and providing notice to the owner of the building as part of its foreclosure action to enforce the lien. (k) The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the owner of the building. (l) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section.
(m) For any building subject to the provisions of this section that is proposed for conversion to condominiums to be sold to the public after January 1, 2019, the inspection required by this section shall be conducted prior to the first close of escrow of a separate interest in the project and shall include the inspector’s recommendations for repair or replacement of any exterior elevated element found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, and would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants. The inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be submitted to the Department of Real Estate by the proponent of the conversion and shall be a condition to the issuance of the final public report. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be included with the written statement of defects required by Section 1134 of the Civil Code, and provided to the local jurisdiction in which the project is located. The inspection, report, and confirmation of completed repairs shall be a condition of the issuance of a final inspection or certificate of occupancy by the local jurisdiction.
(n) This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code. (o) The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section. (Amended by Stats. 2025, Ch. 22, Sec. 32. (AB 130) Effective June 30, 2025.) 9/30/25, 11:01 AM California Code, HSC 17973
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