HomeMy WebLinkAboutTC Ord 2002-01-16
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ORDINANCE NO. 467 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF CHAPTER 13
OF THE TIBURON MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council ofthe Town ofTiburon does ordain as follows:
Section 1. Findine:s.
A. The Town Council has held public hearings on January 2, 2002 and January 16,
2002, and has heard and considered any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other adopted
ordinances and regulations of the Town of Tiburon.
E. The Town Council finds that this project is categorically exempt from the
requirements of the California Environmental Quality Act per Section 15308 of the
CEQA Guidelines.
Section 2. Amendment.
A. Section 13-2(g) of the Tiburon Municipal Code is added to read as follows:
(g) The Building Official may impose supplemental permit conditions
that are in his reasonable discretion necessary to promote the public health,
safety or welfare.
B. Section 13-3(d) is added to read as follows:
(d) No permit for new work on a property shall be issued until all
outstanding fines, fees, or penalties have been paid and all inspections
completed on expired incomplete permits.
Town ofTiburon Ordinonce No. 467 N.s. - Effective 2//5/02 1
C. Section 13-4.1(t) of the Tiburon Municipal Code is amended to read as follows:
(t) Section 106.4.4 is amended to read as follows:
l. All permits issued by the Building Official prior to April 15, 1994,
and which have not expired by limitation shall remain subject to the
provisions of Section 303(d) of the Uniform Building Code (1991 edition) as
drafted by the International Conference of Building Officials. For purposes
of such permits, failure to exercise due diligence and make substantial
progress on the work authorized shall be deemed suspension or
abandonment of the permit.
2. All permits issued by the Building Official on or after April 15, 1994,
but prior to February 15, 2002, shall expire by limitation and become null
and void eighteen (18) months from the date the permit is issued. The
Building Official shall have the discretionary authority to extend the permit
in the following circumstances:
(A) where the project is unusually large or complex additional time may
be granted at the time of application, or
(B) where the permittee has proceeded with due diligence and made
substantial progress but is unable to complete the project because of
unforeseen circumstances beyond the control of the permittee, one
extension of up to six (6) months may be granted. In determining
whether due diligence has been exercised, the Building Official shall
consider how soon work began after issuance of the permit, whether
work was conducted on a regular basis and any other relevant facts.
Decisions ofthe Building Official made pursuant to this section may
be appealed to the Board of Appeals pursuant to Chapter 31 of the
Tiburon Municipal Code.
Once a permit has expired pursuant to this section, the work shall not
recommence until a new permit is issued. The new permit shall be
issued only if there have been no changes in the original plans and
specifications and a new fee equal to the full original fee is paid.
3. All permits issued by the Building Official on or after February 15,
2002, shall expire by limitation and become null and void eighteen (18)
months from the date the permit is issued, except as follows:
(A) where the project is unusually large or complex, a twenty-four (24)
month permit may be issued in the reasonable discretion of the
Building Official at the time of initial application; or
Town ofTiburon Ordinance No. 467 N.s. - Effective 2/1 5/02 2
(B) where the permittee has proceeded with due diligence and made
substantial progress but is unable to complete the project because of
unforeseen circumstances beyond the control of the permittee, one
extension of up to six (6) months may be granted, without payment
of additional fees or fines. In determining whether due diligence has
been exercised, the Building Official shall consider whether work
began promptly after permit issuance, whether work was conducted
on a regular basis and any other relevant facts. Decisions of the
Building Official made pursuant to this paragraph may be appealed
to the Board of Appeals pursuant to Chapter 31 of the Tiburon
Municipal Code.
4. Once the initial permit and/or approved six (6) month extension has
expired, a Stop Work Order shall be issued and work shall not recommence
until the permit is reactivated. Reactivation shall be allowed only if there
have been no changes in the original plans and specifications and a
Reactivation Charge equal to the full original fee is paid. A Reactivation
Charge, for purposes of this section, is both a fee to recover the cost of
providing additional building inspection division services and a penalty for
failure to complete the project within the allotted time. A permit reactivated
under this subsection shall be valid for six (6) months from the date of initial
expiration.
5. [fthe project is not completed within the six (6) month extension
allowed under subsection (4) above, a Stop Work Order shall be issued on
the date of expiration and work shall not recommence until the permit is
reactivated. Reactivation of the permit for a second six (6) month period
shall be allowed only if there have been no changes in the original plans and
specifications and a Reactivation Charge equal to three (3) times the full
original fee is paid. The Building: Official mav. in his sole discretion. reduce
the nenaltv based on such reasons as the oroiect's nearness to comoletion
and/or the cause of the delav. A permit reactivated under this subsection
shall be valid for an additional six (6) months from the date of initial
expiration.
6. [fthe project is not completed within the six (6) month extension
allowed under subsection (5) above, a Stop Work Order shall be issued and
the matter referred to the Town Council for resolution. The Town Council
may reactivate the permit upon submission and acceptance of a completion
schedule for the project and payment of five (5) times the full original fee as
a Reactivation Charge, and provided that there have been no changes in the
original plans and specifications. The Town Council mav. in its sole
discretion. reduce the oenaltv based on such reasons as the oroiect's nearness
to comnletion and/or the cause of the delav.
Town ofTiburon Ordinance No. 467 N.s. - Effective 2//5/02 3
7. If the project is not completed within the six (6) month extension
allowed under subsection (6) above, or Dursuant to this subsection (7). a Stop
Work Order shall be issued and the matter again referred to the Town
Council for resolution. The Town Council may impose additional
requirements, such as the retention of a qualified contractor for
ownerlbuilder projects or retention of a qualified construction manager for a
contracted project, in order to promote swift completion. The Town Council
may reactivate the permit upon imposition of any such conditions deemed
reasonable, and payment of five (5) times the full original fee as a
Reactivation Charge, provided that there have been no changes in the
original plans and specifications
The Town finds that these amendments are needed in order to reduce the incidence
of unreasonably lengthy construction projects that extend through subsequent
uniform code update cycles, create noise, debris, traffic problems and a general
disruption of the neighborhood.
D. Section 13-IO(a) of the Tiburon Municipal Code is amended to read as follows:
(a) Any person, firm, or corporation violating any of the provisions of
this Chapter, including without limitation any conditions of approval
imposed on a permit issued pursuant to this Chapter, shall be deemed guilty
of an infraction, provided that upon violation of any provision of this
Chapter more than three times during any 12-month period, such person,
firm, or corporation shall be deemed guilty of a misdemeanor.
Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of
the ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
Town of Tiburon Ordinance No. 467 N.s. - Effective 2//5/02 4
'.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on January 2, 2001, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on January 16,2002, which was noticed pursuant to
Government Code Section 50022.3, by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Gram, Matthews, Slavitz, Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
1ia L.'-t S'.7rIctt:Ls
HARRY . MATTHEWS, MAYOR
TOWN OF TIBURON
ATrE'~' .~
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DIANE CRANE IACOPI, T6WN CLERK
H:t/wpdocs/reso/Chapter 13 2002amend final.ord,doc
Town of Tiburon Ordinance No, 467 NS. - Effective 2/15/02 5