§ 5-0.6. Condition of permit; permit term and intent.

(a)

The building official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this Code, nor shall such issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans or in construction or of violations of this Code. No substantial building site preparation, including, but not limited to, excavation or placement of fill, shall take place prior to the issuance of a building permit.

(b)

Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of ninety (90) days after the time the work is commenced: provided, however, that in the case of constructing or renovating or building additions onto one- and two-family dwellings or accessory buildings, work under the permit must be substantially completed within twelve (12) calendar months after the time the work is commenced or else the permit shall become invalid. Thirty (30) days prior to the expiration of the permit, the building department shall provide written notice to the permit holder at the address listed in the permit application informing the permit holder that the permit is nearing expiration. The notice shall inform the permit holder that, upon expiration, the permit becomes invalid. If such permit becomes invalid, no new permit shall be issued covering the same work or any portion thereof if the effect of such permit would be to allow completion of the work begun under the original permit. Furthermore, any structural work partially completed on the property where the permit became invalid shall be removed and the property cleaned to the satisfaction of the building official. If the property owner or holder of the invalidated permit fails to remove the structure and clean the property within thirty (30) days of the invalidation date, then the building official may take the necessary action to have the structure removed and the property cleaned with all costs assessed as a lien on the property.

The licensed contractor and/or property owner shall maintain all construction sites in a safe condition and shall provide fencing or other protective barriers on construction sites where work has ceased for a period of time more than seven (7) days. Such inactive building sites shall be kept clean so as to minimize unsafe conditions and unsightly appearance.

(c)

For good cause shown, in order to keep the permit valid, the building official may grant one or more extensions of time for periods not exceeding ninety (90) days each. Requests for extensions shall be in writing and addressed to the building official, shall state the basis for the request, and shall be filed prior to the expiration of the permit period or any extension thereof previously granted. Such extensions as may be granted shall be in writing by the building official.

(d)

Good cause for an extension shall include, but not be limited to, the following circumstances beyond the control of the permit holder:

(1)

Acts of God/war/terrorist acts and natural disasters;

(2)

Material shortages;

(3)

Interruptions due to strikes or other employee job actions;

(4)

Fire, explosions, or some similar catastrophe;

(5)

Financial reversals of a temporary nature; and

(6)

Other situations beyond the control of the permit holder.

(e)

The contractor and/or owner of any active or inactive construction project shall be responsible for the cleanup and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding fourteen (14) days.

(f)

Violation of these conditions shall authorize the building official or his designee to place a stop work order on such jobs in violation of this section. Other remedies may include having all debris removed by the city or secured and charging all costs to the contractor and/or property owner or by referring the matter to the code enforcement board. The building official, or his designee, retains the ability to order remediation to correct deficiencies, including anything to protect health, safety and welfare.

(Ord. No. 2001-132, § 2, 1-2-02)