Chapter 15.27
COMMERCIAL CONSTRUCTION TIME LIMITS
Sections:
15.27.030 Time limit guidelines.
15.27.040 Extension of commercial construction time limits.
15.27.050 Commercial construction time limit penalties.
15.27.060 Administration and enforcement.
15.27.070 Appeal of commercial construction time limits and penalties.
15.27.010 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
“Building official” shall mean the chief building official, or their designee.
“Commercial uses” shall mean those uses described as “commercial uses” in the schedule set forth in BMC 17.28.020.
“Construction” shall mean any work, including but not limited to additions, alterations, modifications, repairs, improvements, rehabilitation, and/or demolitions for which a building permit is required. (Ord. 22-12 § 1).
15.27.020 Application.
A. This chapter shall apply to the construction of structures and buildings that accommodate commercial uses.
B. In addition to all new construction, this chapter shall also apply to existing construction which has not been deemed complete pursuant to this section as of the effective date of the ordinance codified in this chapter. For purposes of calculating time limits for such existing construction, the time limits set forth in this section shall commence 60 days following the effective date of the ordinance codified in this chapter. (Ord. 22-12 § 1).
15.27.030 Time limit guidelines.
A. Except where a longer time period is approved pursuant to BMC 15.27.040, the maximum time for completion of construction following issuance of the building permit, shall not exceed the following:
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Table No. 15.27.030: |
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Commercial Construction Time Limits Based Upon Demonstrable Estimated Project Value |
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Estimated Value of Project ($) |
Construction Time Limits (months) |
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$0 to $100,000 |
12 months |
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$100,001 to $500,000 |
18 months |
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Greater than $500,000 |
24 months |
B. Building permit applicants must submit documents supporting the estimated value of the project to the building safety division of the Benicia community development department. Applicants shall submit all information requested by the building official to support the estimated value of the project for materials and labor. The time for completion of the project shall be indicated on the building permit.
C. For the purposes of this chapter, construction shall be deemed complete upon the satisfactory performance of all construction, including, but not limited to, compliance with all conditions of application approval, the clearing and cleaning of all construction-related materials and debris from the site, final inspection, and, where applicable, issuance of certificate of occupancy. (Ord. 22-12 § 1).
15.27.040 Extension of commercial construction time limits.
A. The owner or owner’s authorized agent may request in writing, showing reasonable cause, a construction time limit extension upon or after the issuance of a building permit and prior to the expiration of the applicable construction time limit. Applicants are encouraged to avoid alterations to an exterior of a structure unless materials have arrived on site.
B. The building official has the authority to grant, conditionally grant, or deny a time limit extension request upon issuance of the building permit based on the reasonable anticipation of one or more of the factors in subsection (E) of this section.
C. The building official has the authority to grant, conditionally grant, or deny a time limit extension request made after the issuance of a building permit but before the expiration of the applicable construction time limit based on one or more of the factors in subsection (E) of this section. The building safety division shall review the extension request within 20 working days of receiving a written request and fee as established by city council resolution for an extension of commercial construction time limit.
D. Projects may request one or more extensions, but at no time exceed the following time limits: Projects with an initial 12-month construction time limit may receive a maximum six-month extension. Projects with an initial 18-month construction time limit may receive a maximum 12-month extension. Projects with an initial 24-month construction time limit may receive a maximum 18-month extension. Additional time may be granted by the building official on a case-by-case basis when the cause of delay does not affect the exterior of a structure or completion of exterior construction, or where no exterior finishes or site conditions have been disturbed.
E. Construction Time Limit Extension Factors. Requests for construction time limit extensions shall be determined based on one or more of the following factors:
1. Site topography;
2. Site access;
3. Geological issues;
4. Neighborhood considerations;
5. Extreme weather events;
6. Unanticipated discovery of archaeological resources;
7. Other conditions that could not have been reasonably anticipated at the time of project application and deemed to be an extenuating circumstance. (Ord. 22-12 § 1).
15.27.050 Commercial construction time limit penalties.
A. Upon failure of the applicant to complete construction by the established time limit, including any time limit extensions, a compliance order will be issued by the city enforcement officer setting a deadline of 30 days from the date of such order within which time the applicant shall be required to complete the construction, and advising the applicant that the following penalties may be imposed if the applicant fails to comply with said order:
1. For the initial 60 days that the project remains incomplete beyond the compliance order deadline: a penalty of $600.00 per day for every day the violation exists;
2. For the next 60 days (i.e., the sixty-first through the one hundred twentieth day) beyond the compliance order deadline during which the project remains incomplete: an additional penalty of $900.00 per day for every day the violation exists; and
3. For any additional days (i.e., the one hundred twenty-first and subsequent days) beyond the compliance order deadline during which the project remains incomplete: an additional penalty of $1,000 per day for every day the violation exists.
B. The applicant shall be notified in writing of the amount of any penalty imposed pursuant to this section. The notice shall be given to the owner in person or by regular, first class mail, postage prepaid, to the owner or owner’s agent’s address as it appears on the building permit or in city/county records. Notice is deemed complete at the time notice is personally delivered or deposited in the mail. If the notice is not personally served, in addition to mailed notice, the city’s enforcement officer shall post a copy of the notice in a conspicuous place upon the property. Penalties imposed pursuant to this section shall be paid within 60 calendar days of the date of the notice of penalty. (Ord. 22-12 § 1).
15.27.060 Administration and enforcement.
A. Upon failure of a property owner to complete construction by the time limits established by this chapter, the building official may suspend the building permit, stop work at the site for such construction and require submission of the penalties provided by BMC 15.27.050. Upon submission of the penalties by the property owner, the building official shall declare the suspension of the building permit terminated and the property owner may recommence work under the permit in accordance with its terms.
B. The building official may impose additional conditions on the building permit following suspension to mitigate any adverse impacts on the surrounding area due to the continued construction. However, if standards of the building code are amended while a building permit is suspended, those amended standards shall not apply to the suspended building permit and instead, following termination of the suspension, the building code standards which were in place at the time the building permit was pulled shall continue to apply unless deemed by the building official to be a life safety issue to the structure or occupants.
C. It is declared that any violation of the provisions of this chapter, including but not limited to a failure to complete construction by the time limits established by this chapter, shall, in addition to any other remedy or penalties, constitute a public nuisance, and such nuisance may be abated as provided by law. (Ord. 22-12 § 1).
15.27.070 Appeal of commercial construction time limits and penalties.
A. The building official’s decision to grant, conditionally grant, or deny a time limit extension pursuant to this chapter may be appealed in accordance with Chapter 1.44 BMC.
B. A suspension of a building permit imposed pursuant to this chapter may be appealed in accordance with Chapter 1.44 BMC.
C. A penalty imposed pursuant to this chapter may be appealed in accordance with Chapter 1.44 BMC.
D. Appeals pursuant to this section shall be heard by the zoning administrator at a noticed public hearing which shall provide a written determination affirming, denying, or modifying the building official’s denial of an application to extend time limits, suspension of a building permit and/or imposition of a commercial construction time limit penalty. Specifically, the zoning administrator may affirm, modify, reduce, or vacate the building official’s actions if based upon the following, but at no time waive or reduce the requirements of the California Building Codes:
1. Reasons beyond the control of the applicant, which may include, but are not limited to, one or more of the following factors:
a. Administrative appeals of the project filed by third parties;
b. Extreme weather events;
c. Unanticipated discovery of archaeological resources;
d. Labor stoppages;
e. Acts of war or terrorism;
f. Natural disasters.
2. Reasons beyond the control of the applicant which shall not include:
a. Delays caused by normal weather events;
b. Failure to adequately protect the job site from damage;
c. Failure of subcontractors to complete work according to schedule;
d. The use of custom and/or imported materials and/or highly specialized subcontractors, unless determined by the building official that historic preservation requirements or considerations have necessitated an extension of time limits;
e. Significant, numerous, and/or late design changes unless determined by the building official that historic preservation requirements have resulted in additional design changes, including but not limited to design review;
f. Failure of materials suppliers to provide materials in a timely manner.
E. Any penalty finally imposed pursuant to this chapter shall constitute a lien on the applicant’s property, to be imposed, recorded and satisfied as provided in BMC 8.04.200 and 8.04.220.
F. The provisions of this chapter are not the exclusive remedy for addressing violations of a construction time limit. In addition to penalties provided by this chapter, the city may pursue all other actions and remedies provided by law including but not limited to administrative citations, administrative code enforcement, nuisance abatement proceedings, and receivership. (Ord. 22-12 § 1).