Chapter 15.40
CONSTRUCTION REGULATIONS
Sections:
15.40.010 Underground utilities.
15.40.020 Survey policy.
15.40.030 Public property.
15.40.040 Construction vehicle parking.
15.40.050 Noise.
15.40.100 Site regulations—Community impacts—Purpose.
15.40.110 Definitions.
15.40.120 Time limits.
15.40.130 Dirt—Debris—Litter.
15.40.140 Operation of vehicles—Pick-ups and deliveries.
15.40.150 Regulation of traffic.
15.40.152 Construction, operation, and parking plan.
15.40.155 Posting of signs.
15.40.157 Screening.
15.40.160 Application.
15.40.170 Construction completion.
15.40.180 Time limits.
15.40.190 Penalties.
15.40.200 Deposit.
15.40.210 Appeal.
15.40.220 Enforcement.
15.40.230 Violations.
15.40.010 Underground utilities.
All telephone, telegraph, electric wires and other such service facilities to newly constructed dwellings shall be placed underground from the point of the utility company pole. This section shall apply to all dwellings where building permits have not been issued prior to the date of the ordinance codified in this section. (Ord. 272, 1966)
15.40.020 Survey policy.
It is the city council’s policy that the following condition should be incorporated into any decisions made by the zoning/building official, the planning commission, and the city council involving: (1) foundation improvements which would involve alterations to an existing foundation, (2) relocation of a residence, and (3) construction of a new residence:
Prior to undertaking any major construction related activity and prior to the issuance of a building permit, the existing grade and elevation of the proposed construction site shall be confirmed in writing by a qualified licensed civil engineer or land surveyor. Further, at the time of foundation inspection, the location and elevation of the new major construction shall be certified in writing by a qualified licensed civil engineer or land surveyor as the same location and elevation shown on the approved site development plan. At the time of framing inspection, the height of the new major construction shall be certified in the same manner as being the height shown on the approved site development plan.
(Ord. 498 § 1, 1998)
15.40.030 Public property.
Contractors shall restore any public property or public right-of-way which has been altered or otherwise damaged as a result of construction vehicles or construction related activities, to its original condition prior to a final inspection or to the satisfaction of the city manager or the city manager’s designee. Prior to issuance of a building permit for a residential remodel or new construction, applicants shall submit documentation, including but not limited to, dated photographs of existing public property and public right-of-way conditions of public property and public right-of-way adjacent to the construction site, which potentially may be affected by the constitution. Such documentation shall be to the satisfaction of the city manager or the city manager’s designee.
Upon reviewing the documentation and potential impact of damage to the public right-of-way, the city manager or the city manager’s designee may require the posting of a cash deposit or bond of sufficient amount to guarantee the repair and reconstruction of damaged public property. (Ord. 498 § 2, 1998)
15.40.040 Construction vehicle parking.
On-site parking or parking within the public right-of-way only in front of the construction site, on the same side of the street for construction vehicles shall be required to avoid congestion and damage to landscaping and improvements in the right-of-way except when authorized in writing by the city manager or the city manager’s designee or when authorized by the guidelines adopted pursuant to these regulations. (Ord. 546 § 2, 2004: Ord. 498 § 3, 1998)
15.40.050 Noise.
Construction shall be permitted only within the noise standards incorporated in Chapter 8.16 of this code. (Ord. 498 § 4, 1998)
15.40.100 Site regulations—Community impacts—Purpose.
The purpose of this chapter is to protect the peace, health and safety of the citizens of the town and to secure those persons on a regular basis, including weekends and holidays, a reasonable degree of relief from traffic congestion, dirt, litter and air pollution resulting from construction activities and the delivery of construction supplies and materials as defined below. (Ord. 514 § 1 (part), 2000)
15.40.110 Definitions.
As used in this chapter:
A. Except as otherwise provided in this chapter, “construction” means the act or process of building, including, but not limited to, landscape installation, site preparation, alteration, repair, remodeling, assembly, erection, or similar action, of buildings, structures, pavement, flat work and other works including the use of power equipment in connection with activities therewith. Site preparation includes demolition and the removal of materials in connection with the demolition and/or removal of materials including landscape plantings, by any means including “demolition sales” or invitations to the public to retrieve and remove any material from the demolition site.
B. “Delivery” means delivery of building materials or equipment to any construction project and items related to the construction project.
C. “Holidays” mean and include those days declared as legal holidays by the Governor of the state of California and as set forth in Government Code Section 6700 with the exception of subsections (d), (f), (j), (k), (n) and (o) and further including the fourth Thursday in November.
D. “Pickup” means pickup or retrieval of building materials or equipment from any construction project and items related to the construction project.
E. “Vehicle” means any device by which any person or property may be propelled, moved or drawn upon a highway or street or private property. (Ord. 546 § 3, 2004; Ord. 535 § 1, 2002; Ord. 526 §1, 2001; Ord. 514 § 1 (part), 2000)
15.40.120 Time limits.
A. Except as otherwise provided in this chapter, construction, pickup and delivery shall be prohibited on any property within the town between the hours of five p.m. in the evening and eight a.m. of the following day, Monday through Friday.
B. Construction, pickup and delivery shall be prohibited on any property within the town on Saturday, Sunday and any holiday.
C. Residents/property owners when they are personally undertaking construction activities to maintain or improve their property on Saturdays, Sundays or holidays between the hours of ten a.m. and five p.m. are exempted from the foregoing prohibitions.
Such activities are restricted to the use of hand and power tools only.
D. Emergency construction required for the immediate protection of persons and property including, but not limited to, plumbing, electrical and roof repairs is exempt from the foregoing prohibitions. (Ord. 526 § 2, 2001; Ord. 514 § 1 (part), 2000)
15.40.130 Dirt—Debris—Litter.
It shall be the responsibility of the owner of any property located within the town for any construction project on any property within the town to maintain all adjacent public and private property clean and free of dirt, debris and litter resulting from construction activities upon the owner’s property. (Ord. 514 § 1 (part), 2000)
15.40.140 Operation of vehicles—Pick-ups and deliveries.
Vehicles engaged in the delivery or pick-up of supplies and materials to or from construction projects shall be loaded or unloaded on the construction site whenever possible. Vehicles are not to arrive at the construction site before the hour of eight a.m. and must depart the construction site no later than five p.m. The engines of delivery and pick-up vehicles shall be shut off upon arriving at the site and shall remain shut off during the time supplies, materials, or equipment are being loaded onto or unloaded from the vehicle unless the operation of the engine is required to load or unload the vehicle. (Ord. 535 § 2, 2002: Ord. 526 § 4, 2001; Ord. 514 § 1 (part), 2000)
15.40.150 Regulation of traffic.
It shall be the responsibility of the owner of any property located within the town for any construction project on any property within the town to keep adjacent roads and streets open for travel by the public, adjacent property owner, their visitors and guests at all reasonable times. For purposes of this ordinance, blockage of a street or road exceeding five minutes shall be considered to be a violation of this provision. (Ord. 514 § 1 (part), 2000)
15.40.152 Construction, operation, and parking plan.
Prior to submitting plans for building plan check, the owner of any property located within the town for any construction project on said property shall submit a construction, operation, and parking plan (COP plan) for review and approval by the building official. The construction, operation, and parking plan shall be prepared in accordance with guidelines to be adopted by resolution of the city council and made a part of the public file. (Ord. 546 § 4, 2004)
15.40.155 Posting of signs.
Signs advising of the provisions of this chapter and prepared by the town shall be purchased from the town by the person acquiring any building permit or engaging in construction as defined above. Signs shall be posted at locations and in the manner prescribed by the city manager or designee. (Ord. 535 § 3, 2002)
15.40.157 Screening.
Any construction site project that is visible from the public right-of-way shall be adequately screened to the satisfaction of the building official. Screening shall consist of materials approved by the building official and identified on approved building plans. Screening shall be installed prior to start of construction as defined in Section 15.40.110(A). (Ord. 564 § 1, 2006)
15.40.160 Application.
Sections 15.40.160 through 15.40.220 shall apply to all building construction (including, but not limited to, all additions, alterations, modifications, repairs and improvements) that requires a building permit, and landscaping related to such building construction. (Ord. 566 § 2 (part), 2006)
15.40.170 Construction completion.
For the purpose of Sections 15.40.160 through 15.40.220, construction shall be complete upon the final performance of all construction work other than landscaping, including, but not necessarily limited to, exterior repairs and remodeling, total compliance with all conditions of application approval, 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. Deadlines for the completion of landscaping are set forth in Section 17.50.060. (Ord. 566 § 2 (part), 2006)
15.40.180 Time limits.
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Building Permit Valuation |
New Building Construction Additions, Alterations, Modifications, Repairs and Improvements |
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2,000 square feet or less |
12 months from original building permit issuance |
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2001 – 4,000 square feet |
24 months from original building permit issuance |
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Greater than 4,001 square feet |
36 months from original building permit issuance |
Time limits will not be increased by issuance of subsequent building permits for the same project. (Ord. 566 § 2 (part), 2006)
15.40.190 Penalties.
A. If a property owner fails to complete construction by the applicable time limit established in this chapter, the property owner shall be subject to the following penalties payable to the town:
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Period of Time That Project Remains Incomplete Beyond Applicable Time Limit |
Penalty |
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First 30 days |
-0- |
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31st through 60th day |
$200.00 per day (i.e., $6,000.00 maximum penalty applicable to this 30-day period) |
|
61st through 120th day |
$400.00 per day (i.e., $24,000.00 maximum penalty applicable to this 60-day period) |
|
121st day and every day thereafter |
$1,000.00 per day (to a maximum of $250,000.00) |
B. Penalties, fees and costs due to the town pursuant to this chapter are due each day as the penalties accrue.
C. 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 by law. (Ord. 566 § 2 (part), 2006)
15.40.200 Deposit.
A. Upon reaching the time limits set out in Section 15.40.180, if construction has not been completed, if no final inspection has been made or a certificate of occupancy issued, the property owner or his representative shall deliver to the building department a refundable deposit (in cash or a certificate of deposit or in the form of a payment penalty bond) in the amount of thirty thousand dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the town and shall cover a minimum time period of two years.
B. If no deposit is made as provided in subsection A of this section, the building official shall issue a stop work order.
C. If a property owner fails to complete construction by the applicable time limit, the applicable penalties shall accrue daily up to the maximum set out in Section 15.40.190.
D. On or before the one hundred twentieth day that the project has remained incomplete, no final inspection has been made and no certificate of occupancy issued, the property owner or his representative shall deliver to the building department a refundable deposit (in cash or in the form of a certificate of deposit or a payment penalty bond) in the amount of two hundred twenty thousand dollars. Any bond shall be in the amount of the deposit and in form and contents satisfactory to the town which shall cover a minimum time period of two years.
E. If no deposit is made as provided in subsection D of this section, the building official shall issue a stop work order.
F. If the owner believes that the failure to meet the applicable time limit was caused by circumstances beyond the owner’s control, the owner may file a written statement to that effect with the building official at the time of making the deposit as described in subsections A and/or D of this section and provide any documentation substantiating such grounds of appeal and the effect on the construction. If the owner makes such filing, no part of the deposit shall be forfeited to the town and no demand shall be made against the bond if construction is completed within thirty days of the deposit. If construction is completed after the thirty days and the building official concurs with the owner’s statement as to the cause of the failure to meet the deadline, the building official shall waive the penalty and return the cash deposit, certificate of deposit, or bond to the owner. If the building official does not concur with the owner’s statement, it shall be treated as an appeal under Section 15.40.210 and all the provisions of that section shall apply.
G. If construction is completed after the applicable time limit, and the building official does not concur with the owner’s statement, the town shall draw on the deposit, certificate of deposit, or bond in the amount of the applicable penalties; provided, however, that in the event of an appeal, the town shall not draw on the deposit, certificate of deposit, or bond until the planning commission and, if applicable, the city council has rendered its decision as set forth in Section 15.40.210(A).
H. After construction is completed and all applicable fines received by the town, any remaining deposit shall be refunded or the certificate of deposit or bond shall be returned. (Ord. 566 § 2 (part), 2006)
15.40.210 Appeal.
A. A penalty imposed pursuant to Sections 15.40.160 through 15.40.200 and Section 15.40.220 may be appealed to the planning commission on the grounds that the property owner was unable to comply with the applicable time limit for reasons beyond the control of the property owner and the owner’s representatives. There shall be no right to appeal until construction is completed. Any person aggrieved by the decision of the planning commission on the appeal may appeal to the Atherton city council. The provisions of Chapter 17.06 of the Atherton Municipal Code shall apply to the appeal process.
B. At the time the appeal is filed or within two weeks thereafter, the appellant 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. Documentary evidence shall include, but not be limited to, dated design contracts, date-stamped plans, dated construction contracts and material orders, and proof of timely payment of any deposits or fees required pursuant to any of the foregoing items. The documentary and other evidence shall demonstrate that construction delays resulted from circumstances fully out of the applicant’s control and despite diligent and clearly documented efforts to achieve construction completion within the applicable time limit. Penalties shall not be modified or cancelled unless all evidence required by this subsection is submitted at the time of appeal. (Ord. 566 § 2 (part), 2006)
15.40.220 Enforcement.
A. Sections 15.40.160 through 15.40.220 shall apply to all construction for which a building permit was issued on or after the effective date of the ordinance codified in Sections 15.40.160 through 15.40.220.
B. Any penalty due under Section 15.40.190 in excess of the deposit made under Section 15.40.200 shall be a personal debt owed to the town by the property owner(s) and, in addition to all other means of enforcement and collection, shall become a lien against the said property and shall be subject to the same penalties (including interest thereon at the maximum rate allowed by law from the date the lien attaches until the date of payment) and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. (Ord. 566 § 2 (part), 2006)
15.40.230 Violations.
A. A violation of this chapter is a misdemeanor and shall be punished as provided in Section 1.20.040. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
B. As part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed five thousand dollars per violation. The civil penalty is separate and distinct from penalties imposed pursuant to Sections 15.40.160 through 15.40.220.
C. Upon any guilty plea or judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above and the code provision incorporated by reference as one of the conditions of such probation.
D. The building official is authorized to order work stopped whenever work is being done contrary to the provisions of this chapter. (Ord. 566 § 3, 2006; Ord. 535 § 4, 2002: Ord. 514 § 1 (part), 2000. Formerly 15.40.160)