§ 6-58. Expiration of building permit.

(a)

If work has commenced under a building permit and the permit becomes null and void or expires because of lack of progress or abandonment, except as provided in Subsection (b) or (c), the contractor or owner builder who was issued the building permit shall be prohibited from obtaining any additional building permits.

(b)

The prohibitions in this section shall not apply, and the Building Official shall issue a new permit to a contractor, if:

(1)

The contractor and the property owner are involved in litigation concerning the work authorized by the expired permit; or

(2)

The contractor has not received payment from the property owner for the work authorized by the expired permit; or

(3)

The property that is subject to the expired permit is part of a probate proceeding, and the expiration of the subject permit is a result of such proceeding; or

(4)

The property that is subject to the expired permit is part of a bankruptcy, foreclosure, or receivership proceeding, and the expiration of the subject permit is a result of such proceeding; or

(5)

The expired permit is the subject of a stop work [order] issued as a result of actions by a party other than the contractor.

If a new building permit is not obtained within 180 days from the date the initial permit became null and void or expires because of lack of progress or abandonment, the Building Official shall require that any work which has been commenced or completed be removed from the building site. If a new permit is issued, the Building Official shall require that the work in place and the work required to complete the structure meets all applicable regulations in effect at the time of the issuance of the new permit.

(c)

If the contractor or the "owner-builder" believes that there are extenuating circumstances that justify the issuance of a permit despite the existence of an expired permit, the contractor or "owner-builder" may appeal the denial of a building permit under this section to the City Council. The City Council shall have the sole discretion whether or not to waive the provisions of this section and authorize the Building Official to issue the building permit.

(Code 1999, § 9.5-115; Ord. No. 2009-28, § 2, 1-12-10; Ord. No. 2016-10 , § 3, 12-13-2016)