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HomeMy WebLinkAboutOrdinance 219 ORDINANCE 219 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING EXPIRATION OF BUILDING PERMITS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Maintenance of Construction Project Sites. Section 16-75.050 Section 16-75.050 Maintenance of Construction Project Sites (a) The regulations provided by this Chapter are in addition to and supplement any other regulations pertaining to building projects within the City of Saratoga. This Chapter is applicable to any project in the City of Saratoga for which a building permit is required. (b) From the time of issuance of a building permit for new construction, remodels affecting more that 50 percent of either the floor area or exterior wall modification until a certificate of occupancy is issued, the contractor shown on the building permit or, if there is none, the owner (hereinafter the "permit applicant") shall cause the construction project site to be enclosed by a 6-foot opaque fence and to be kept in a reasonably clean condition. Said fence shall be located in a manner not to obstruct necessary line of sight at intersections of private or public roads. (c) "Reasonably clean condition" shall mean: (1) No construction material, equipment, portable toilets, trash containers, or debris is placed in the public right-of-way, pedestrian, or equestrian trail easement. (2) A trash container is maintained on the project site at all times and debris on the site, which could otherwise blow away, is regularly collected and placed in the container. (3) All construction debris (wood scraps and other debris, which cannot blow away) shall be piled within the property lines of the project in a neat and safe manner. (4) The project site shall have a signage viewable from the public street that indicates the hours of operation pursuant to the City of Saratoga Noise Regulations, Article 7-30.060 hours of construction must be posted. Emergency contact information and as well as weekend and after-hours Sheriff contact numbers. (d) The permit applicant shall at all times maintain and use trash containers on the project site. A 32-gallon size container, with handles, or similar container labeled "TRASH ONLY" shall be provided for each single-family residence, small commercial project or multi-family project up to four (4) units. A trash dumpster shall be provided for each multi-family project of more than four (4) units or each large commercial project. ( e) The Building Official, or his or her designated representative, shall have the authority, at the time of issuance of a building permit or any time prior to certification of occupancy, to require additional trash containers or make such orders as are necessary to insure a clean project site (f) Should the Building Official determine that the project is not being maintained in a reasonably clean manner as defined herein or that the permit applicant has failed to comply with an order issued pursuant to this Chapter, the Building Official may do any or all ofthe following: (I) Refuse to make further inspections on the project. (2) Issue a stop work order on the project. (3) Cause to be issued a citation for violation of this Chapter. Section 2. Building Permit Expiration. Section 16-15.030 of the Saratoga City Code is amended to read as follows: Section 16-15.030, Section 106.4.4 Expiration (a) Every permit issued by the building official under the provisions of the Uniform Building Code shall expire by limitation and become null and void if anyone of the following occurs: (I) The building or work authorized by such permit is not commenced within 180 days from the date of such permit; or (2) The building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days; or (3) The permittee fails or refuses to request an inspection required by Section 108 of the Uniform Building Code within any period of 180 consecutive days after the work authorized by the permit is commenced. Ifthe building official conducts such inspection within such 180-day period, but declines to approve such inspection without correction of specified items and subsequent re- inspection, then the building permit shall not expire if such correction is made and passes re-inspection within 30 days after the end of the 180-day period described in this subsection. (b) After such expiration, such work can be=recommenced, only upon"reinstatement or issuance of a new permit to do so. The plans and specifications for a reinstated permit or new permit shall comply with all provisions of the City building code in effect at the time of reinstatement or issuance of a new permit. A reinstatement or new permit may be issued as follows: (I) Reinstatement. Expired Permits may be reinstated as follows. Application for permit reinstatement within 180 days of expiration, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment under (2) above has not exceeded one year. The fee for issuance of renewed permit shall be one-half of the full permit fees (based upon the fee schedule adopted by the City Council as of the time the reinstated permit is issued) if the reinstated permit is applied for within 180 days after expiration of the prior permit. (2) New Permit. A new permit may be issued following expiration of a building permit as follows. Application for a new permit at any time so long as any underlying Design Review Approval, Use Permit or other required planning approval remains effective. The full permit fee shall apply to the new permit (based upon the fee schedule adopted by the City Council as of the time the new permit is issued). Notwithstanding the foregoing provisions, upon written request by the applicant showing, to the satisfaction of the building official, that the prior permit expired as a result of exceptional circumstances beyond the reasonable control of the applicant, the building official may waive or reduce the payment of a fee for issuance of the reinstated or the new permit. The building official may decline to issue more than one reinstatement of a building permit if in the judgment of the building official the work authorized by the original permit is not being diligently prosecuted to completion. The building official may also condition any reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building official may approve no more than two reinstatements of a building permit. The building official may at any time exercise discretion to find that a building, structure or work for which a building permit has expired qualifies as an unsafe building, structure or work and proceed to abate any nuisance associated therewith. Where: (i) a building permit has expired; and (ii) the building, structure, or other work authorized by such permit has not been completed; and (iii) no reinstated permit has been obtained within 180 days after expiration, then said building, structure, or work shall be conclusively presumed to be unsafe, abandoned, a hazard to the public health, safety and welfare, and a public nuisance. The building official is authorized to exercise discretion to abate any public nuisance regarding any unsafe building, structure or work (including but not limited to one resulting under the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by: (1) Proceeding under the Uniform Code for the Abatement of Dangerous Buildings; or (2) Proceeding under the following alternative method of enforcement where a building, structure, or other work authorized by a building permit has not been completed within 36-months of the date of issuance of the original permit: the building official may abate such public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of the building, structure, or other work, or construction of a fence or wall around the building, structure, or work so as to obscure it from view, or construction of other structures or blockades to prevent access to the building, structure, or other work by animals or humans. Section 3. Applicability This Ordinance shall apply to every building permit issued or reinstated on or after the effective date of this Ordinance. Section 4. Effective Date This Ordinance shall be effective on the 31 st day after final approval. Section 5. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and pbrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase ofthis ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 6. Publication. This ordinance or a summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council ofthe City of Saratoga held on the 21st day of May, 2003, and was adopted by the following vote following a second reading on the 4th day of June, 2003: AYES: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmtih, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None Nick Streit, Mayor APPROVED AS TO FORM: --<:::::::::"' Richard Taylor, City Attorney