Chapter 15.60
CONSTRUCTION TIME LIMITS Revised 4/24
Sections:
15.60.010 Application of chapter.
15.60.020 Time limits for construction completion required. Revised 4/24
15.60.010 Application of chapter.
The provisions of this chapter shall apply to all construction including all additions, alterations, modifications, repairs, and improvements that require a building permit. (Ord. 1560 § 6 (part), 2020)
15.60.020 Time limits for construction completion required. Revised 4/24
As part of the building permit application, a reasonable valuation must be assigned to the project and approved by the Building Official. Based on that valuation, a construction time limit, commencing on the date of issuance of the building permit plus thirty (30) days, shall be established in accordance with the table below. The City Council shall update the “Table of Time Limits” from time to time.
|
Estimated Value of Construction |
Construction Time Limit (months)* |
|---|---|
|
$200,000 to $1,000,000 |
18 months |
|
$1,000,000 to $5,000,000 |
24 months |
|
$5,000,000 to $10,000,000 |
30 months |
|
$10,000,000 plus |
36 months |
* For landscaping work required by the Planning and Transportation Commission, the applicant shall have an additional 90 days after the date of final inspection approval of the building permit by the Building Division for the main construction project.
(Ord. 1612 § 1 (Exh. A), 2024; Ord. 1560 § 6 (part), 2020)
15.60.030 Phased projects.
A. If the Building Official approves phased development of a project, each phase shall be valued separately and shall have a separate construction time limit.
B. Each phase must meet the time limit specified in the Table of Time Limits or the project is subject to penalties based on the value of the phase.
C. A phase is considered complete when the Building Official issues a certificate of occupancy or temporary certificate of occupancy. (Ord. 1560 § 6 (part), 2020)
15.60.040 Inspections.
Pursuant to California Building Code Section R105.5, the City shall perform at least one (1) inspection every one hundred eighty (180) days of the construction site. (Ord. 1560 § 6 (part), 2020)
15.60.050 Extension.
A. In the event a project has not passed a final inspection in the allotted time period pursuant to Section 15.60.020, the applicant shall be entitled to one (1) or more sixty (60) day extensions. The request for an extension must be made in writing thirty (30) days prior to the expiration of the building permit. The extension shall be granted only if the applicant pays a fee in the amount specified in the table labeled “Extension Fees,” an inspection by the Building Division prior to the expiration of the original permit reveals no violations of any fire/health and safety codes at the project site, and the reasons for delay are listed in subsection C of this section.
B. The City Council shall update “Extension Fees” by resolution from time to time. The listed fees shall be displayed in the “Schedule of Community Development Department, Building Department Fees.”
C. The Building Official may waive an extension fee in the event he/she finds the complexity or size of the project requires a greater time than allotted or the reason for the extension request may be considered beyond the owner’s control would include, but not be limited to: appeals of the project filed by third parties; extreme weather related delay; delays required by the unforeseen discovery of archaeological remains on the building site; pandemics; labor stoppages; acts of war or terrorism; natural disasters and supplier problems. Reasons that are not considered beyond the owner’s control are: stop work orders; design changes; custom or imported material; normal weather; and seasonal grading moratoria.
|
Fees for Additional Extensions |
Extensions Fee (Percentage of total value of project) |
|---|---|
|
1st 60-day extension |
0.5% |
|
2nd 60-day extension |
1% |
|
3rd 60-day extension |
1.5% |
(Ord. 1560 § 6 (part), 2020)
15.60.060 Completion.
For the purpose of this chapter, construction shall be deemed complete upon the final performance of all construction work, including, but not necessarily limited to, exterior repairs and remodeling, total compliance with all conditions of application approval, and the clearing and cleaning of all construction-related materials and debris from the site. Final inspection and approval of the construction work by the City shall mark the date of construction completion. Deadlines for the completions of landscaping are set forth in the Table of Time Limits. (Ord. 1560 § 6 (part), 2020)
15.60.070 Penalties.
The penalty structure is as follows: upon failure of the applicant to complete construction by the established time limit, the Building Official shall issue a compliance order: setting a date thirty (30) days from the date of such order within which time the applicant shall be required to complete the construction, and advising the applicant that the penalties provided in the Table of Penalties shall be imposed if the applicant fails to comply with the said order.
|
Period of time that projects remain incomplete beyond applicable time limits |
Penalty (Percentage of total value of project) |
|---|---|
|
30-day grace period |
$0 |
|
31st day through 60th day |
0.01% per day |
|
61st day through 120th day |
0.015% per day |
|
121st day and every day thereafter |
0.02% per day |
The City Council shall update “Construction Completion Penalties” by resolution from time to time. The listed penalties shall be displayed in the “Schedule of Community Development Department, Building Department Fees.” (Ord. 1560 § 6 (part), 2020)
15.60.080 Appeals.
A. Property owners may appeal a penalty or denial of an extension request by submitting a written request for an administrative hearing with the City Clerk within ten (10) days of notice of the penalty or denial of extension. The property owner must include all arguments and evidence for reversal of the decision and pay the full amount of the penalty or extension fee, plus an appeal fee in the amount set by resolution of the City Council.
B. Within thirty (30) calendar days, the appeal would be heard by a review committee consisting of the City’s Building Official, Community Development Director, and the Public Works Director. The committee will consider any evidence provided by the property owner or his/her agents, in determination of the appeal.
C. The committee must issue a written decision within ten (10) calendar days either affirming, modifying, or dismissing the penalty or extension decision. The decision must include the committee’s findings and provide a copy to the property owner.
D. If the committee affirms the decision, the City shall retain all fees paid and record any additional penalties as liens on the property. (Ord. 1560 § 6 (part), 2020)
15.60.090 Public nuisance.
Any violation of this chapter shall constitute a public nuisance and, in addition to being subject to any other remedies allowed by law, may be abated as provided for by law. (Ord. 1560 § 6 (part), 2020)