Rancho Palos Verdes Municipal Code Ch. 15.46 Time Limits for Completion of Construction

This chapter shall be known as the "Construction Completion Chapter."

(Code 1981, § 15.46.010; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

It is the intent of this chapter to provide a mechanism to require property owners seeking to improve their properties to complete said construction in a reasonable amount of time as provided in this Code. The goal is to ensure neighbors and neighborhoods quality of life is maintained and activities associated with construction such as increased noise, traffic and associated impacts are managed in a way to ensure construction is completed in a timely way.

(Code 1981, § 15.46.020; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

This chapter shall apply to construction projects, including all additions, alterations, remodels, modifications, repairs, and improvements, performed pursuant to one or more unexpired building permits for a period of at least four years that are adversely affecting adjacent properties or the owners or occupants thereof, as documented in written complaints submitted to the building official or director of community development, referred to as "applicable work." The obligations imposed by this chapter to timely complete construction and pay all penalties for construction not timely completed 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.

(Code 1981, § 15.46.030; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

For the purposes of this chapter, construction shall be deemed complete upon the satisfactory performance of all construction work, including, but not 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.

(Code 1981, § 15.46.040; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

The maximum time for completion of construction shall not exceed the time periods for the expiration of permits that are set forth in section 15.18.050 (Administrative code amended—Expiration of permits) of this Code.

(Code 1981, § 15.46.050; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

A. No building permit shall be issued for any project that is subject to the provisions of this chapter within 18 months of final inspection or expiration of an antecedent building permit unless the building official determines that the earlier issuance of a building permit will not cause significant harm or adverse effects on the surrounding neighborhood. This section shall not apply to:

1. Emergency work;

2. Work that is necessary to preserve the integrity of the structure or the property; or

3. Work that, in the opinion of the building official, will mitigate impacts upon an adjacent property.

B. In making a determination pursuant to this section, the building official shall consider traffic, parking, noise and other environmental impacts on the neighborhood from waiving the 18-month waiting period and the visual, drainage, safety and other environmental impacts of any uncompleted construction.

C. The building official also shall consider whether the property owner's inability to timely complete the project was completely beyond the control of the property owner and their representatives.

1. Such reasons shall include, but are not limited to, labor stoppages; acts of war or terrorism; natural disasters; fire; presence of endangered species, and unforeseen discovery of archaeological remains on the building site.

2. Such reasons shall not include delays caused by the winter-rainy season; the use of custom and/or imported materials; the use of highly specialized subcontractors; significant, numerous, or late design changes; access difficulties associated with the site; failure of materials suppliers to provide such materials in a timely manner; or delays associated with project financing.

D. A decision of the building official made pursuant to this section may be appealed to the city council by any interested party.

(Code 1981, § 15.46.060; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

A. Upon failure of a property owner to complete construction of a project that is subject to the provisions of this chapter, as set forth in section 15.46.030 (Application), by the permit expiration dates established in section 15.18.050 (Administrative Code Amended—Expiration of Permits), the following penalties shall apply:

1. For the first 30 days that the project remains incomplete, the city shall not impose a penalty.

2. For the 31st through 60th days that the project remains incomplete, the city shall impose a penalty of $250.00 per day.

3. For the 61st through the 120th days that the project remains incomplete, the city shall impose a penalty of $500.00 per day.

4. For the 121st day, and any additional days thereafter that the project remains incomplete, the city shall impose a penalty of $2,000.00 per day.

B. Penalties, fees, and costs due to the city pursuant to this chapter shall accrue for each day the project 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 shall expire and the building official shall cause all work at the site for such construction to cease. Before a new permit is issued, the building official shall require the submission of an additional construction completion deposit in excess of the amount provided by section 15.46.080 (Construction Completion Deposit) to ensure that all penalties related to the late construction are fully paid to the city. The amount of the additional deposit shall be computed by the building official's estimate of the amount of time that will be required to complete the construction and the amount of the penalties that will accrue during this time period. The building official may impose additional conditions on the building permit to mitigate any adverse impacts on the surrounding area due to the continued construction. Upon the submission of the additional deposit and 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 that clean-up the site, remove any hazardous or unsightly conditions, and restore the property and all improvements on the property to an attractive condition. 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.

(Code 1981, § 15.46.070; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

A. Before a new building permit may be issued, the property owner shall deliver to the building department a refundable deposit based on the estimated square footage of the work as determined by the building official. The deposit shall be as follows:

1. For projects with an estimated square footage of up to 5,000 square feet, the deposit shall be as determined by the city council resolution;

2. For projects with an estimated square footage between 5,000 to 10,000 square feet, the deposit shall be as determined by the city council resolution; and

3. For projects with an estimated square footage above 10,000 square feet, the deposit shall be as determined by the city council resolution.

B. When construction is completed within the time limits provided herein, the construction completion deposit shall be refunded to the property owner.

C. Upon failure of a property owner to complete construction by the time limits established in this chapter, the deposit shall be incrementally forfeited to the city for the period of time that construction was not timely completed. The director of community development may waive the imposition of penalties if they determine that all construction activities were timely completed but the final inspections by city staff were delayed for reasons not due to the fault of the property owner.

(Code 1981, § 15.46.080; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

A. A penalty imposed pursuant to this chapter may be appealed by the owner of the property where the construction is occurring, and a decision of the building official made pursuant to section 15.46.060 (Other Time Limits) may be appealed to the city council by any interested party. An appeal of any penalty that is imposed must be based on the grounds that the property owners were unable to comply with the construction time limit for reasons beyond the control of themselves and their representatives.

1. For purposes of this section, the grounds for appeal shall include, but are not limited to, labor stoppages; acts of war or terrorism; natural disasters; fire; presence of endangered species, and unforeseen discovery of archaeological remains on the building site.

2. For purposes of this section, the grounds for appeal shall not include delays caused by the winter-rainy season; the use of custom and/or imported materials; the use of highly specialized subcontractors; significant, numerous, or late design changes; access difficulties associated with the site; failure of materials suppliers to provide such materials in a timely manner; or delays associated with project financing.

B. An appeal made pursuant to this section shall be filed in writing with the city clerk within ten calendar days from the date of construction completion, the date that a notice of abandonment is sent to the property owner pursuant to section 15.46.070(C), or the date that the building official determines that the required remedial measures have been completed satisfactorily, along with payment of an appeal fee as established by a resolution adopted by the city council. The city council will hold a hearing on the appeal and shall affirm or modify the decision of the building official made pursuant to section 15.46.060 (Other Time Limits) or shall affirm, modify, or cancel any penalty that has been imposed.

C. When filing an appeal pursuant to this chapter, the property owner shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner. Required documentary and other evidence shall demonstrate to the satisfaction of the city council that construction delays resulted from circumstances fully out of their control and despite diligent and clearly documented efforts to achieve construction completion within the time limits established in this chapter.

(Code 1981, § 15.46.090; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)

A. The full amount of construction completion penalties due the city under section 15.46.070 (Effect of failure to comply with time limits for construction completion) shall be due immediately upon the completion of the construction project or upon completion of the required remedial measures when abandonment has been declared and the city's subsequent determination of the penalty amount. The city shall notify the property owner by mail of the number of days the project remained unfinished beyond the time limit for completion of construction established by section 15.46.050 (Time Limits for Construction Completion) and the resulting penalty amount owed to the city. Any penalty amount in excess of the construction completion deposit shall be paid within 30 days of the date of mailing the letter by first class mail to the property owner and shall occur prior to the approval of the work by the building official. Any penalty amount not paid within 30 days shall be subject to an additional ten percent penalty.

B. Any amount in excess of the sum deposited with the city as a construction completion deposit and due to the city by property owners as a result of violation of the provisions of this chapter, including all penalties and interest as provided in subsection A of this section, is not only a personal debt owed to the city by the owner of the subject property but also is an obligation that runs with the land and all subsequent owners of the property pursuant to section 15.46.030 (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.

C. 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.

(Code 1981, § 15.46.100; Ord. No. 562U, § 1, 11-18-2014; Ord. No. 563, § 1, 12-2-2014)