Chapter 15 — TIME LIMITS FOR COMPLETION OF CONSTRUCTION ON SINGLE-FAMILY RESIDENTIAL…

TIME LIMITS FOR COMPLETION OF CONSTRUCTION ON SINGLE-FAMILY RESIDENTIAL PROJECTS

It is the intent of this chapter to provide a mechanism to require property owners seeking to improve their single-family residential properties, as defined in Section 9-2.2801 of the Artesia Municipal Code, to complete said construction in a reasonable amount of time. The goal is to ensure that construction is completed in a timely manner to maintain the quality of life for neighbors and neighborhoods and manage the increased noise, traffic and associated impacts of such construction on single-family residential properties. (Ord. 20-898, § 3)

This chapter shall apply to construction on existing single-family residential properties, including, but not limited to, all additions, alterations, remodels, modifications, repairs, and improvements to single-family residential properties performed under one or more unexpired building permits. This chapter does not apply to the development and construction of new singlefamily residences. The obligations imposed by this chapter to timely complete construction and pay all fines that imposed for violating this chapter shall run with the land and apply not only to the original building permit property owner but to all subsequent owners of the subject property until all obligations imposed by this chapter are fully satisfied. (Ord. 20-898, § 3)

For the purposes of this chapter, construction shall be deemed complete upon the satisfactory performance of all construction work, including, but limited to, compliance with all conditions of application approval and the clearing and cleaning of all construction-related materials and debris from the site, and the final inspection and written approval of the applicable work by the City building official.

(Ord. 20-898, § 3)

Construction completion shall occur by two years from the date of permit issuance except where the date of permit issuance is prior to June 11, 2019.

If the date of permit issuance is prior to June 11, 2019, construction completion shall occur by June 11, 2021.

(Ord. 20-898, § 3)

• (a) Upon failure of a property owner to timely complete construction in accordance with this chapter, the property owner shall be in violation of this chapter. The City may enforce the provisions of this chapter through any means available to it under this Code and other applicable law.

• (b) Any lawfully imposed penalties, fees, and costs due to the City under this chapter accrue for each day the project remains incomplete and exceeds the construction completion deadline.

• (c) Upon failure of a property owner to complete construction by the time limits established by this chapter, the building permit expires and the building official shall cause all work at the site for such construction to cease. The building official may impose additional conditions before issuing a new building permit to mitigate any adverse impacts on the surrounding area due to the continued construction. Upon the submission of new permit fees, the building official may reissue the building permit, and the property owner may recommence work under the permit in accordance with its terms.

• (d) The building official may declare construction abandoned after the building permit expires and construction activities on the subject property cease for a period of more than 180 days. At that time, the building official may impose conditions requiring remedial measures to be implemented by the property owner to clean-up the site, remove any hazardous or unsightly conditions, and restore the property and all improvements on the property to a reasonable condition as determined by the building official. The building official shall send written notice to the property owner that abandonment has been declared. This notice also shall state the penalties incurred to the date of the notice. Penalties will continue to accrue when construction has been abandoned until all remedial measures required by the building official have been completed to the satisfaction of the building official.

• (e) It is declared that any violation of the provisions of this chapter shall, in addition to any other remedy, constitute a public nuisance, and such nuisance may be abated as provided by law.

• (Ord. 20-898, § 3)

A penalty imposed for a violation of this chapter may be contested and appealed by the owner of the property in accordance with applicable procedures under this code. (Ord. 20-898, § 3)

• (a) Any penalty due to the City by property owner(s) as a result of violation of the provisions of this chapter is not only a personal debt owed to the City by the owner(s) of the subject property but also is an obligation that runs with the land and all subsequent owners of the property pursuant to Section 8-15.02 (Application). In addition to all other means of enforcement and collection, any unpaid penalties and interest may be collected through the placement of a lien against the subject real property in the manner provided by law for the collection of costs related to the abatement of a nuisance.

• (b) The provisions of this chapter shall not be the exclusive remedy for addressing delayed completion of construction. In addition to the remedies provided by this chapter, the City may pursue any other actions and remedies provided by law including, but not limited to, nuisance abatement proceedings.

• (Ord. 20-898, § 3)