City of Richmond Heights, MO Property Maintenance For Construction Sites

Article V Property Maintenance For Construction Sites

Section 505.300 Maintenance of Site During Construction.

[Ord. No. 5010 §1, 2-20-2007]

Deposit. A refundable deposit shall serve as security that all construction sites will be maintained free of debris, free of unsanitary conditions, free of unnecessary hazards caused by the property owner, agents, contractors, subcontractors or delivery drivers and the timely completion of the project.

Deposit Amounts. The following deposits shall be required for a permit to construct the following:

	House	$3,000.00
	House addition	$1,000.00
	House demolition permit	$2,000.00
	Garage	$500.00
	Swimming pool	$500.00
	Porch or deck	$500.00
	Retaining wall	$500.00
	Fence	$200.00
	Storage shed	$200.00
	Accessory structure	$200.00
	Accessory structure demolition permit	$500.00

	Failure to complete the entire (exterior and interior) construction project in accordance with the completion schedule described in this Section 505.250 will result in the withholding of all remaining deposits.
	Any amounts withheld shall be applied to any costs assessed pursuant to this Section 505.250 and any fines or penalties assessed by the Municipal Court.

Payment Of Deposits. The deposit amount listed above for a new home, home addition and house demolition shall be paid to the City at the time of building permit issuance.

Deposits for the other listed construction projects need not be paid at the time the initial building permit is issued, pending the project's progression and timely completion. If the project proceeds without creating any adverse conditions and is completed within the time limits set forth herein, payment of the deposit is not necessary. If adverse conditions are created or the project is not timely completed, the Building Commissioner shall stop the project work until the required deposit(s) are paid, as well as payment for any costs incurred by the City from abating the adverse conditions.

Completion Of Projects.

Demolition permits. Demolition permits shall generally be issued for no more than ninety (90) days.

New homes.

One-half (½) of the deposit shall be refunded for a new house if the exterior of the structure and the grading of the yard have been completed in accordance with the building permit and these regulations within nine (9) months. The Building Commissioner may grant one (1) ninety (90) day extension to complete a new house if such a written extension is requested before the original permit expires.

A second (2nd) ninety (90) day extension may be granted by the Building Commissioner. An eight hundred dollar ($800.00) fee will be withheld from the deposit for a second (2nd) ninety (90) day extension.

Failure to complete the entire construction project, exterior and interior, will result in the withholding of all remaining deposits.

Room additions.

One-half (½) of the deposit shall be refunded for a room addition if the exterior of the structure and the grading of the yard have been completed in accordance with the building permit and these regulations within six (6) months. The Building Commissioner may grant one (1) ninety (90) day extension to complete a room addition if such a written extension is requested before the original permit expires.

Failure to complete the entire construction project, exterior and interior, will result in the withholding of all remaining deposits.

All other construction projects. Except as otherwise provided herein for new homes and room additions, all construction projects authorized under a building permit must be completed within six (6) calendar months.

Failure to complete construction projects within six (6) months shall cause the building permits to be voided and shall require a deposit be paid prior to reissuance of such permits. The building permit may be reissued upon application, payment of building permit fees and payment of the required deposit(s).

Failure to reapply for the building permit and pay permit and deposit fees shall be a violation of this Section and the property owner shall be subject to the penalties set forth in Section 100.150 of Ordinance #4788 of the Richmond Heights Municipal Code (which means they could be placed in Municipal Court).

Notice Of Adverse Conditions. The Building Commissioner or his or her designee shall give oral or written notice to the property owner or contractor on the site of the need to remedy adverse conditions. If the owner or contractor fails to correct the adverse condition within twenty-four (24) hours, the Building Commissioner or his or her designee shall have the adverse condition corrected and shall issue a stop work order to remain in effect until the cost of correcting the adverse condition has been paid. If after seven (7) days these costs have not been paid, the costs shall be paid from any deposit.

Immediate danger. If adverse conditions are created that create immediate danger to any occupants or the general public, the Building Commissioner or his or her designee shall make reasonable efforts to notify the owner or contractor of the need to immediately correct a dangerous condition and immediately proceed to contract for the abatement of the adverse condition.

When Deposit Balance To Be Returned.

Any remaining deposit shall be returned to the depositor upon order of the Building Commissioner following application thereof in writing by the depositor after completion of the depositor's improvements or construction project and after determination by the Public Works Director that all repairs or cleanup required of the depositor have been satisfactorily completed. In addition, for private street rights-of-way, determination by the Building Commissioner that all cleanup work required of the depositor has been satisfactorily completed shall also be required before any deposit or balance thereof is returned.

The Building Commissioner shall be authorized to deduct from any deposit such sums of monies as necessary to cover the cost of:

A reinspection fee of fifty dollars ($50.00) per inspection following any notice given in writing or verbally to the owner, contractor or subcontractor of violations of this Code.

The cost of manpower, equipment and associated expenses incurred by the City or an agent of the City to remediate violations of this Section including repair of damaged streets or public rights-of-way, removal of trash or debris from the site, removal of dirt or debris from roadways, maintenance of stormwater situation control devices and similar construction-related work.

An administrative fee of fifty dollars ($50.00) per incident for blocking public streets without a permit or for conducting construction-related activity outside of permitted hours.

Certification Of Costs As Liens. In addition to the penalty provided in Section 100.150 of the Municipal Code, a person who fails to pay the amount of the costs for repairing damages in violation of this Section or cleanup work in violation of Section 520.270 shall be subject to the following provisions:

If the amount is not paid within thirty (30) days after the giving of notice as provided herein, the Building Commissioner or Public Works Director shall certify the cost of same to the City Clerk who shall cause to be prepared a special tax bill against the property to be collected with other taxes assessed against the property.

Each tax bill shall be issued by the City Clerk and delivered to the City Manager within ninety (90) days of the date of issuance of said special tax bill.

Any attorneys' fees incurred in connection with repairs, cleanup or collection of the special tax bill shall be added to the special tax bill.

In addition to the actual costs, ten percent (10%) of the costs shall be added to the special tax bill to cover the cost of administration.

The special tax bill shall be a first (1st) lien on the property from the date of its issuance until paid and shall be prima facie evidence of the recitals therein and of its validity. No mere clerical error or informality in the same or in the proceedings leading up to the issuance shall be a defense thereto.

Such special tax bills, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.

Adverse Conditions.

Any excavation on or near a public right-of-way or sidewalk, which is not properly protected or covered.

Any excavation on the property, which due to its location or depth requires protection.

Any trash and debris, which has not been removed daily from the site or is not in an approved container.

Storage of trash and debris not in an approved container or in a container that is not properly maintained, overflowing or any condition that allows wind-borne dispersal of debris.

Storage or placement of any portable water closet in the public right-of-way or without prior permission of the Building Inspector.

Storage of any materials, debris, trucks or trailers or equipment on the public right-of-way, except as allowed under a permit from the Public Works Department.

The site shall be graded to prevent the accumulation of stagnant water. Any excavation holding water for more than seven (7) days shall be drained.

Permitting grading or any kind of disturbance activity before sediment control has been in place.

After grading or land disturbance, allowing the disturbed areas to remain unseeded and unstrawed.

10.

Allowing conditions to exist which permit dust or debris to blow off the site.

11.

Allowing conditions to exist which permit sediment to drain or flow off the site.

Responsibilities Of Owner/Developer/Contractor.

Whenever a permit is issued for the construction of a new dwelling, the demolition of a dwelling or for a substantial addition to an existing dwelling which may cause adverse conditions the owner/developer/contractor shall cause to be erected and maintained at all times a sign in the front yard of the property in accordance with the following regulations:

The sign shall not exceed sixteen (16) square feet in size nor be more than six (6) feet above grade and shall be professionally made and mounted in a workmanlike manner using posts. Such signs may not be attached to trees or construction trailers.

The background of the sign shall be white and the sign face and structure shall include no more than two (2) additional colors.

At a minimum, the sign shall include the following information:

(1)

Address of the property, including both numeric and street name.

(2)

Name of the person responsible for site maintenance, including work or cell phone number.

(3)

The sign shall designate that work hours are restricted to between 7:00 A.M. and 6:00 P.M., Monday through Friday, and 9:00 A.M. and 6:00 P.M. on weekends.

[Ord. No. 5388, 8-20-2018]

(4)

Notice that all contractors, subcontractors, suppliers and vendors must keep the street free and clean of mud and debris.

(5)

Provide space for mounting of evidence that a building permit has been issued.

(6)

The sign lettering shall be at least one (1) inch in height and one-half (½) inch in width.

The owner/contractor shall provide the Building Commissioner with the name, address and emergency phone numbers of the person who will be responsible for compliance with these regulations. Should that person or party change, the Building Department must be notified within twenty-four (24) hours.

The Building Commissioner may require a conference to review the usual routes that will be used by contractors, subcontractors and suppliers to access the site making specific note of neighborhood traffic patterns, street conditions and load limits in establishing likely delivery routes. This review shall include and identify any unusual problems involving street access, site topography, stormwater drainage, tree removal and contractor parking and material storage. Routing directions shall be followed.

All public rights-of-way shall be maintained free and clear of mud at all times. Any mud or debris on these areas after 5:00 P.M. may be removed by the City without prior notice to the owner/developer and the cost of removing the same may be deducted from any deposit required at the time of obtaining a building permit. Mud or debris on these areas in the immediate area of any construction site shall be presumed to have come from that construction site.