This chapter shall apply to all construction, including, but not limited to, all additions, alterations, modifications, repairs, and improvements, that require a building permit.
(Ord. 1729 § 2, 2007)
For the purposes of this chapter, construction shall be complete upon the final performance of all construction work, including, but not 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 for purposes of this chapter only.
(Ord. 1729 § 2, 2007)
Estimated value as determined by the chief building official
Time limit from building permit issuance
 
 
Not over $50,000.00
6 months
$50,001.00
—
$500,000.00
12 months
$500,001.00
—
$1,000,000.00
18 months
$1,000,001.00
—
$3,000,000.00
24 months
$3,000,001.00
 
and over
36 months
A. 
Time limits will not be increased by issuance of subsequent building permits for the same project except as provided in Section 11.34.030(B).
B. 
Taking into consideration the size and complexity of the project or for other good cause, the chief building official may set the construction time limit up to six months longer than the time limit established by this section or grant one six-month extension prior to a permit expiring.
C. 
If the property owner feels aggrieved by the determination of the chief building official regarding the applicable time limit or by the denial of an additional six-month extension, the property owner may appeal to the community development director within ten days of the chief building official's decision. The appellant shall pay a hearing appeal fee at the time of filing an appeal in an amount as shall be established from time to time by resolution of the city council. The community development director shall notify the appellant in writing of the date of the hearing on the appeal, and such notice shall be sent at least ten days before the date of the hearing, which shall be held no later than thirty days after the filing of the appeal.
(Ord. 1729 § 2, 2007)
A. 
If a property owner fails to complete construction by the applicable time limit set forth in this chapter, the property owner shall be subject to the following penalties payable to the city which shall accrue daily up to the maximum established by this section:
Applicable Time Limit
Penalty Fine
First 30 days
-0-
31st day through 60th day
$200.00 per day up to $6,000.00 maximum
61st through 120th day applicable to this 60-day period
$400.00 per day up to $24,000.00 maximum
121st day and every day thereafter
$1,000.00 a day per day to a maximum of $250,000.00
B. 
Penalties, fees and costs due to the city pursuant to this chapter are due each day as the penalties accrue.
C. 
Every building permit issued by the city under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit pursuant to Section 11.34.030.
(Ord. 1729 § 2, 2007)
Upon reaching the construction time limit set pursuant to Section 11.34.030, if a final certificate of occupancy has not been issued, the property owner or his or her representative shall deliver to the building department a refundable construction completion deposit (in cash or in the form of a payment penalty bond) in the amount of two percent of the estimated value of the work that remains to be completed as determined by the chief building official, but in no event less than five hundred dollars or more than two hundred fifty thousand dollars, and if a payment penalty bond, in a form and content satisfactory to the city and which shall cover a minimum time period of two years.
(Ord. 1729 § 2, 2007)
A. 
In order to recommence work on the same project, prior to or upon expiration of the time limit set forth in this chapter, the property owner shall obtain a building permit requiring compliance with all current codes and make payment of all fees in order to recommence work. Payment of fees includes a building permit fee as set forth in this section, payment of applicable penalties then due, and a construction completion deposit as set forth in Section 11.34.050.
B. 
The building permit fee to recommence construction on the same project shall be one half the building permit fee in effect at the time the permit is sought, provided the property owner renews the permit within six months of expiration and there are no substantial changes to the plans or substantial changes to the building code prior to renewal. The building permit fee shall be the full building permit fee in effect at the time the permit is sought when: (1) the property owner seeks to renew the permit fee more than six months after expiration, (2) the property owner has made substantial changes to the plans, or (3) there have been substantial changes to the building code since obtaining the original permit. The building permit for recommencement of the same project shall be null and void in six months.
C. 
The issuance of a second or subsequent building permit on the same project is necessary to provide for the city's inspection of the construction project and cost recovery, but does not alter or extend the construction time limits set forth in this chapter, except that the penalties for failing to complete construction within the time limits may be waived under the following circumstances: (1) the city's acceptance of the property owner's statement that its failure to meet the construction deadline was caused by circumstances beyond the property owner's control as set forth in Section 11.34.090(B); or (2) the property owner enters into a voluntary compliance plan as set forth in Section 11.34.110.
(Ord. 1729 § 2, 2007)
A. 
If the property owner believes that the failure to meet the construction time limit was caused by circumstances beyond the property owner's control as set forth in Section 11.34.100(B), the property owner may file a written statement to that effect with the chief building official on or before the construction deadline and provide documentation substantiating the statement and the effect on the construction.
B. 
If the property owner files a written statement pursuant to this section, no part of the construction completion deposit shall be forfeited to the city if construction is completed within six months. If construction is thus completed and the chief building official concurs with the property owner's statement as to the cause of the failure to meet the deadline, the chief building official shall waive the penalty and return the construction completion deposit to the property owner minus an administrative fee which shall be set by the city council by resolution from time to time.
C. 
If the chief building official does not concur with the property owner's statement, the property owner may appeal under Section 11.34.100 and all provisions of that section shall apply.
D. 
If construction is completed after the applicable time limit and the chief building official does not concur with the property owner's statement, the city shall draw on the construction completion deposit in the amount of the applicable penalties and the applicable building permit fee; provided, however, that in the event of an appeal, the city shall not draw on the construction completion deposit until the planning commission has rendered its decision and, if appealed therefrom, the city council has rendered its decision.
(Ord. 1729 § 2, 2007)
A. 
A penalty imposed pursuant to this chapter for failure to complete construction within the time limits set forth in this chapter, other than through a compliance plan, may be appealed to the planning commission on the grounds that the property owner was unable to comply with the applicable time limit for reasons beyond the control of the property owner. There shall be no right to appeal until construction is completed. An appeal shall be filed within thirty days from date construction is complete.
B. 
The grounds for appeal shall be that the property owner was unable to comply with the applicable time limit due to circumstances beyond the property owner's control that could not have been reasonably anticipated for a construction project, and shall not include delays caused by the winter rainy season, the issuance of stop work order, the use of custom or imported materials, significant, numerous, or late design changes, supplier problems, or project financing problems or delays.
C. 
The appellant shall pay a hearing appeal fee at the time of filing an appeal in an amount as shall be established from time to time by resolution of the city council. The community development director shall notify the appellant in writing of the date of the hearing on the appeal and such notice shall be sent at least ten days before the date of the hearing which shall be held no later than sixty days after the filing of the appeal.
D. 
Within two weeks of filing an appeal, the appellant shall submit documentary evidence to establish that compliance with the required permit conditions were undertaken in a diligent and timely manner and to establish that construction was not completed within the relevant time period due to circumstances beyond the property owner's control as set forth in this section.
E. 
The planning commission shall affirm, modify, or cancel the penalty based on the evidence submitted.
F. 
Any person aggrieved by the decision of the planning commission may appeal to the city council and the provisions of Section 12.78.060 shall apply to the appeal process. Notice to persons other than appellant shall not be required for an appeal to the planning commission or to the city council.
(Ord. 1729 § 2, 2007)
A. 
Any property owner whose building permit has expired for any reason may avoid paying the penalty fees as follows. Within ninety days of the expiration of a permit, the property owner renews the building permit as set forth in Section 11.34.080, provides a construction completion deposit as set forth in Section 11.34.050 and property owner enters into a compliance plan with the city which plan shall set forth a mutually agreed schedule and deadline for construction completion.
B. 
If construction is completed within the applicable time limit within the compliance schedule, the city shall refund the complete deposit minus an administrative fee to be set by resolution of the city council.
C. 
If a property owner fails to complete construction by the applicable time limit in the compliance schedule, the full amount of the construction completion deposit shall not be returned to the property owner and the city shall draw on the construction completion deposit in the amount of the applicable penalties plus an administrative fee to be set by resolution of the city council.
(Ord. 1729 § 2, 2007)
A. 
This chapter shall apply to all construction for which a building permit was issued on or after the effective date of the ordinance codified in this chapter.
B. 
Any penalty due under this chapter is a personal debt to the city by the property owner and in addition to all other means of enforcement and collection, shall become a lien against the subject property and shall be subject to the same penalties (including interest thereto at the maximum rate allowed by law from the date the lien attached until the date of payment) and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
(Ord. 1729 § 2, 2007)
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. 1729 § 2, 2007)