1. Permit Required; Expiration.
A. No person shall commence the work of demolishing any building or structure until a permit authorizing such work has been obtained from the Building Official. Every demolition permit issued under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within seven (7) calendar days from the date of issuance, or if the work authorized by such permit is not completed within 30 calendar days of the date of issuance, unless, because of the extensiveness of the project, the Building Official deems at the time of issuance, a longer period for either commencement or completion should be granted.
B. Any permittee holding an unexpired demolition permit may request in writing an extension of time within which the demolition work may be commenced or completed. If such request contains good and satisfactory reasons showing that circumstances beyond the control of the permittee have prevented timely commencement or completion of the work, the Building Official may extend the applicable expiration date.
C. The fee for such permit shall be at the same rate as the original permit.
D. If a demolition permit to remove an unsafe building, or a building that is the subject of a public nuisance action has expired, the Building Official shall order the prompt removal of such structure, in accordance with all requirements of this chapter. All of the costs attendant to this action, including administrative costs, shall be either assessed against the property or collected from the owner unless otherwise directed by the Council.
2. Application for Permit. Application for a permit to demolish a building or structure shall be made to the Building Official. The applicant shall provide the following information:
A. In the case of demolition by explosives, the applicant shall furnish the information required in this subsection and shall furnish information regarding the person who will be conducting the demolition by explosives and shall furnish plans showing how the building or structure will be prepared for demolition, the type and amount of explosives to be used; and a detailed plan showing what safety precautions will be taken to protect persons and property.
B. A permit for the demolition of a building or structure by the use of explosives may be issued by the Council subject to the following:
(1) The applicant for a permit must demonstrate to the Council the need for demolition by explosives rather than demolition by conventional means and must demonstrate that demolition by explosives can be safely conducted at the specific location requested.
(2) The Building Official, Fire Chief and Police Chief shall review the application and submit their opinions to the Council concerning whether or not the demolition can be safely conducted together with any recommendations they may have.
(3) The applicant shall provide a certificate of liability insurance for personal injuries, death and for property damage in an amount not less than $1,000,000 naming the City as an additional named insured party. The certificate shall provide that the coverage shall not be canceled or changed without ten days’ prior written notice to the City. The Council may require additional insurance coverage in instances where the hazard appears greater than normally expected and may also in such instances require the posting of a bond acceptable to the City in an amount commensurate with the severity of the hazard. The bond shall provide that the applicant shall well and satisfactorily perform the demolition. The bond shall be for the benefit of the City and any person who is injured or damaged by the failure of the applicant to satisfactorily perform the demolition.
(4) The applicant shall agree to indemnify and hold harmless the City from all losses resulting from damages or injuries caused by the applicant or the applicant’s employees, servants or agents arising out of the use of explosives in demolition.
(5) The applicant shall pay the City in advance for reasonable expenses that will be incurred by the City in furnishing necessary security and police protection in the vicinity of the demolition site.
(6) The applicant shall observe all applicable Federal, State and local laws in the course of the demolition including but not limited to the following:
(a) The applicable provisions of the fire prevention code relating to the storage, transportation and use of explosives.
(b) The rules and regulations of the United States Environmental Protection Agency relating to the demolition of buildings or structures containing asbestos materials or other hazardous air pollutants.
(7) The applicant shall meet all other requirements of this chapter relating to the demolition of structures or buildings, provided, however, that should a conflict exist between the provisions of this paragraph and other provisions of the Code of Ordinances, the provisions of the paragraph shall be deemed controlling.
(8) The applicant need not obtain an obstruction permit as provided in Section 155.15 of this chapter to block off portions of the public property within an appropriate distance of the demolition site provided that the obstruction is for less than a 24 hour period and provided that the obstruction is for security purposes in connection with the use of explosives. However, the applicant shall be required to obtain an obstruction permit to use public property in the cleanup operations following the detonation of explosives.
(9) The Council shall at any time have the authority to impose additional requirements and safety precautions in the interest of the public health, safety, and welfare.
3. Permit – Issuance, Validity, Expiration, Revocation, Fees.
A. Except as otherwise provided in this section, the issuance, validity, expiration, and revocation of any permit to demolish a building or structure shall be administered in accordance with Section 155.08 of this chapter and Section 105 of the IBC and Section R105 of the IRC.
B. Permits fees shall be as set forth in the amount set forth in the Schedule of Fees as adopted by the City Council.
4. Utility Services. No permit to demolish shall be issued until it has been established that existing utility services have been properly disconnected and approved.
5. Permit - Bond Required.
A. Before a permit is issued to remove a building which has been ordered removed as a public nuisance pursuant to the provisions of the International Building Code and International Residential Code, and which period of time granted by the courts for removal or other remedial action by the applicants or other party of interest has expired, the applicant may be required to post a cash bond equal to the estimated costs of the removal of the building and the disconnection of the existing utility services. If the building is not removed by the applicant at the time the permit expires at a time specified by the Building Official, such bond shall be forfeited and used toward the costs of the City to remove it.
B. If the building is removed by the applicant prior to the time the permit expires, such bond shall be returned to the applicant. A return of the bond does not exempt the applicant from further assessments to the real estate for costs which have occurred prior to the issuance of the permit.
6. General Requirements.
A. The Building Official shall have the authority to impose at any time reasonable requirements and safety precautions in the interest of public health, safety, and welfare which, in the opinion of the Building Official, are commensurate with the severity of hazard, either demonstrated or anticipated, provided that such requirements may be appealed to, and reviewed by, the board of appeals at the request of the affected party.
B. In addition, the following provisions shall be met:
(1) The discharging, loading, or dumping of building materials from any building shall be accomplished in such manner as to minimize the creation of dust and scattering of debris. Materials shall not be dropped by gravity to any point lying outside the building walls except through an enclosed chute, unless such materials are dust free and the height of drop is at least equal to the horizontal distance to the nearest property or barricade line. Where such horizontal distance is not available and practical necessity dictates the dropping of relatively large masses of materials, the Building Official may approve appropriate protective measures designed to provide protection from danger equivalent to that afforded by the otherwise required horizontal setback, provided however, that in all cases, such materials shall be handled in a manner approved by the Air Pollution Control Division of the County Health Department.
(2) When necessary to protect the public health, safety, or welfare, every demolition project shall be barricaded, fenced, lighted, and signed with warning and/or directional signs in a manner approved by the Building Official. The Building Official may also require the presence of approved security guards or flagmen. Such barricades, fences, lights, and signs as may be deemed necessary by the Building Official for protection of the public shall be maintained after completion of the demolition work until such time as the site is cleaned of all debris and all excavations, basements, and depressions in the ground are restored to grade and rendered harmless.
(3) Adequate precautions shall be taken to insure that procedures or conditions relating to the demolition work do not constitute a fire hazard. If, in the opinion of the Fire Chief, a fire hazard exists, or is likely to exist, the Fire Chief may order the cessation of work or require that appropriate protective measures, approved by the Fire Chief, be taken.
(4) All streets, alleys, and public ways adjacent to the demolition site shall be kept free and clear of any rubbish, refuse, and loose materials resulting from the demolition work unless an obstruction permit for such space has been obtained.
Upon Completion of the demolition work, the site shall be left in a clean, smooth condition. Inorganic building rubble, sand, clean earth, or other approved fill material may be used to fill excavations, basements, and depressions, provided that the top 12 inches shall be clean earth or its equivalent in terms of surface smoothness, freedom from dust, and cleanliness. If the surface is to be used for the parking of vehicles, it shall be constructed as required in the Zoning Code.