Villa Park Municipal Code Art. 9-2 Amendments to Codes

Pursuant to state law, the City may make changes to the state codes as are reasonably necessary because of local climatic, topographical and geological conditions. Furthermore, the City may make changes to the state codes that are administrative or procedural in nature. The City finds and declares that the City's amendments to the state codes are based on local climatic, topographical and geological conditions listed in Section 2 of Ordinance No. 2022-628 or are administrative or procedural in nature.

(Ord. #2002-489, § 1; Ord. #2008-530, § 4; Ord. #2010-554, § 3; Ord. #2013-582, § 3; Ord. #2016-602, § 4; Ord. #2019-617, § 4; Ord. #2022-628, § 4)

All sections in the respective codes, including the California Fire Code adopted in Villa Park Municipal Code Chapter XI, pertaining to the Board of Appeal are hereby amended in their entirety to read as follows:

"In order to hear and decide appeals or orders and determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of these codes, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council Members and shall cease to be such members upon their ceasing to be such Council Members. The Building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or findings, and may recommend to the City Council such new legislation, if any, as is consistent therewith.

Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in the Mayor's absence the Mayor Pro-Tempore shall preside. Meetings shall be conducted in accordance with the Brown Act.

The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions."

(Ord. #2002-489, § 1; Ord. #2008-530, § 5; Ord. #2010-554, § 4; Ord. #2013-582, § 4; Ord. #2016-602, § 5; Ord. #2019-617, § 5; Ord. #2022-628, § 5)

All sections in the respective codes, including the California Fire Code adopted in Villa Park Municipal Code Chapter XI, pertaining to fees are amended to state that fees shall be as set forth by resolution of the City Council.

(Ord. #2002-489, § 1; Ord. #2008-530, § 6; Ord. #2010-554, § 5; Ord. #2013-582, § 5; Ord. #2016-602, § 6; Ord. #2019-617, § 6; Ord. #2022-628, § 6)

Editor's note— Ord. #2022-628, §§ 7 and 8, adopted November 15, 2022, repealed §§ 9-2.4 and 9-2.5, which pertained to amendments to California Building Code and amendments to California Building Code, respectively and derived from Ord. #2008-530; Ord. #2010-549; Ord. #2010-554; Ord. #2012-566; Ord. #2013-582; Ord. #2016-602 and Ord. #2019-617.

Editor's note— Ord. #2016-602, § 9, adopted January 24, 2017, repealed § 9-2.6, which pertained to amendments to California Green Building Standards Code and derived from Ord. #2010-554.

Notwithstanding any provision of the uniform State codes, including the California Building Code adopted in Villa Park Municipal Code Chapter IX, the time periods for completion of any construction activity for which a building permit has been issued, and the requirements for construction site screening and security, are hereby amended as follows:

1. Completion of Construction.

(a) Unless an extension is granted pursuant to subsection (2) of this Section 9-2.7, each person owning property for which a building permit has been issued shall cause all work authorized by said permit to be completed within the time limits specified below from the date of issuance of said building permit:

Time Limits

Project Size Construction Time Months

Up to 5,000 square feet .....12

5,000 to 10,000 square feet .....18

Over 10,000 square feet .....24

(b) The provisions in this section are in addition to, and not in lieu of, the timing provisions relating to the Lapse of Variance or Conditional Use Permit, as set forth in Article 23-19 of the Villa Park Municipal Code.

2. Extension of Completion Dates.

(a) The City Manager or designee may grant an extension of a completion date established pursuant to subsection 1. of of this section if the City Manager or designee finds (i) that the project has been performed as expeditiously as reasonably possible and in a manner to reasonably accommodate the needs of persons residing in the neighborhood and (ii) that the delay in completion of construction was beyond the reasonable control of the property owner or contractor.

(b) Applications for an extension must be submitted no earlier than two (2) months, and no later than one month, prior to the time limits set forth in subsection 1. of this section the expiration date.

(c) Decisions of the City Manager or designee on whether to grant an extension may be appealed to the City Council. Such an appeal shall be in writing, and shall be filed with the City within ten calendar days of the City Manager's or designee's decision.

3. Penalties.

(a) If the construction activity is not complete within the specified construction time limit, as set forth in subsection 1. of this section or as extended pursuant to subsection 2. of this section, the building permit associated with said construction activity shall expire by the established time limit and become null and void. No work shall recommence until the renewal application and submittal documents are approved, and any penalties imposed have been paid.

(b) Failure to comply with the time limits set forth in subsection 1. of this section 9-2.7 shall be a misdemeanor, subject to any of the penalties set forth in Chapter 1 of the Villa Park Municipal Code, for each day the project is not in compliance with the schedule of completion and does not have a valid building permit. A civil action may also be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this section.

(c) Any violation of this Section 9-2.7 shall constitute a public nuisance, and in addition being subject to any other remedies allowed by law, may be abated as provided by law.

(d) The property owner or occupant of any property at which a violation of this section occurs shall be responsible for and liable for the penalties and charges imposed under this subsection.

4. Construction Site Security and Screening. Within ten (10) working days after a building, grading, or demolition permit has been issued authorizing work at any site, the site must be secured and screened to the satisfaction of the Building Official to reduce health, safety, and aesthetic impacts to the neighborhood until completion of the work. Perimeter fencing may be removed when there is no longer outside storage of building materials or building fixtures and when there are no remaining exterior construction activities.

(Ord. #2014-589, § 1)

Editor's note— Ord. #2008-530, § 8, repealed §§ 9-2.5—9-2.20 which pertained to expiration, special provisions for high-rise buildings, premises identification, fire resistive substitution, where required, all occupancies except Group R, Division 3 and Group U occupancies, sections 904.2.8—904.2.10 of the California Building Code, permissible sprinkler omissions, standpipes, roof construction and covering, moved buildings, barriers for swimming pools, spas and hot tubs, conductors for general wiring, and building permit expiration, respectively, and derived from Ord. #2002-489, § 1.