Los Altos Hills Municipal Code Ch. 10 Construction Time Limits

This chapter shall apply to all new construction including, but not limited to, all new structures, additions, alterations, modifications, repairs, and improvements, that require a building permit.

Exception: This chapter shall not apply to projects involving only interior work within an existing occupied structure where there is no exterior evidence indicating that construction is incomplete and provided there are no neighborhood complaints related to construction on the property.

(§ 1, Ord. 555, eff. February 15, 2015)

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, installation of all required landscaping, 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 Town shall mark the date of construction completion for purposes of this chapter only.

(§ 1, Ord. 555, eff. February 15, 2015)

As part of any application for a Site Development Permit, the applicant/owner shall file a reasonable estimate of the cost of the proposed construction which shall be certified by the Building Official, and based thereon, a construction time limit shall be established for the project in accordance with the guidelines set forth in Section 8-10.04. Compliance with such time limit shall become a condition of the Site Development or Conditional Development Permit approval. For all other projects requiring only a building permit, the Building Official shall determine the estimated cost of construction.

(§ 1, Ord. 555, eff. February 15, 2015)

New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:

TABLE 1 New Dwellings and Remodels with Additions

All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:

TABLE 2 All Other Construction Projects

The construction time limit period shall commence on the date the building permit is issued.

The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.

Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.

(§ 1, Ord. 555, eff. February 15, 2015)

In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.

Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council.

(§ 1, Ord. 555, eff. February 15, 2015)

Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.

If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project.

(§ 1, Ord. 555, eff. February 15, 2015)

Any party aggrieved by the determination of the Building Official regarding the applicable time limit or by the denial of an additional six month extension, may appeal the Building Official's determination in writing to the Planning Director within 10 days of the Building Official's decision. Upon making a determination on the appeal, the Planning Director shall notify the appellant in writing within 14 days of the filing of the appeal. If the appellant feels aggrieved by the determination of the Planning Director, then the appellant may appeal the decision to the Planning Commission. If the appellant feels aggrieved by the determination of the Planning Commission, then the appellant may appeal the decision to the City Council. 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 Planning Director shall notify the appellant in writing of the date of the hearing on the appeal, and such notice shall be sent at least 10 days before the date of the hearing, which shall be held no later than 30 days after the filing of the appeal.

(§ 1, Ord. 555, eff. February 15, 2015)

(a) If an applicant/owner fails to complete construction by the applicable time limits set forth in this chapter, including any extensions granted under Section 8-10.05, the property owner shall be subject to the following penalties payable to the Town which shall accrue daily up to the maximum established by this section:

(b) For purposes of this section, if a renewed permit expires and the property owner has not advanced a project to the next level of required inspection, the calculation of penalties shall relate back to the date of the previous permit expiration.

(c) The Planning Director may reduce or waive a penalty accrued under this chapter upon finding that the property owner acted in good faith and either: (1) the delay was attributable to circumstances beyond the property owner's control; or (2) imposition of the full accrued penalty would harm the public interest, provided, however, that any reduction or waiver of more than $5,000 must be approved by the City Council.

(§ 1, Ord. 555, eff. February 15, 2015)

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 in Title 6, Chapter 5 of the Los Altos Hills Municipal Code.

(§ 1, Ord. 555, eff. February 15, 2015)