(A) Purpose. The purpose of this subchapter is to establish regulations concerning the demolition of buildings and structures to ensure that buildings and structures that have had utilities such as gas, electric, water, and sewer are properly disconnected. These regulations reduce risk to public health and safety.
(B) Permit required.
(1) No person shall demolish any building, structure, or facility over 600 square feet in size and connected to utilities without first securing a permit from the Village Administrator or designee
(2) A demolition permit shall be issued only to a demolition contractor duly registered with the State of Ohio, accompanied by a notarized statement of the owner of the subject property that said registered demolition contractor is the agent for such demolition.
(3) A demolition permit application shall be completed. The Village Administrator may revise the permit from time to time as deemed necessary or appropriate.
(4) The applicant shall pay the demolition permit fee established by Village Council at the time the demolition permit application is submitted.
(5) At the time of application, the applicant shall specify when the building will be demolished, where the materials will be hauled, and the measures to be taken to secure the property during the demolition.
(6) Prior to starting demolition, the demolition contractor shall provide proof of current, valid liability insurance coverage, written with an insurance company registered to do business in the State of Ohio. The liability insurance shall afford limits of liability no less than $100,000 for damages to a single person, and $300,000 for one occurrence.
(C) Disconnection of utilities. As a condition of demolition permit approval, the owner, agent, or person in control of the building or structure to be demolished shall notify, in writing, the appropriate utilities or public authorities serving the building or structure regarding their intentions to demolish the building or structure. Such notice shall include a request that the utilities be disconnected. The owner, agent, or person in control of the building or structure to be demolished, or the utility company, shall provide evidence to the village that the utilities have been disconnected. The permit shall not be issued until all proper verification has been received. Proof of verification that services have been disconnected may be evidenced on the application for a demolition permit.
(D) Bond or other surety required. Prior to the issuance of a demolition permit, the owner, agent, or person with control of the property subject to demolition shall post with the village a minimum of $5,000 performance bond, cash deposit, or other surety approved by the Village Administrator to assure the village that the demolition work will proceed as permitted.
(1) The terms of the surety shall provide that the village may retain or claim the surety proceeds if the permit holder fails to perform the demolition activities in accordance with the permit granted.
(a) In the event that the planned demolition is of such a size or scope that the $5,000 bond, deposit, or surety will be insufficient to assure completion for the demolition and site restoration activity, the Village Administrator may request a larger value performance bond, cash deposit, or other surety to assure the village that the demolition work will proceed as permitted. This larger value shall be set on a case-by-case basis, upon majority vote of Council.
(b) In any event, the value of the surety shall not exceed the cost associated with the demolition and site restoration.
(2) Bonds must be approved as to form by the Village Solicitor, indemnifying the village for all liability arising by reason of the acts of the demolition contractor or their employees while in the pursuit of their business under a demolition permit issued by the village.
(E) Site conditions.
(1) During the course of the demolition activity, the owner, agent, or person in control of the property subject to the demolition shall take steps to ensure the safety of the general public, including the containment of dust and hazardous material, as governed by Ohio Administrative Code. The proposed steps shall be in compliance with generally accepted building industry safety practices as may be reflected in building codes applicable in the village and State of Ohio.
(2) The demolition of any structure shall include the removal of all elements of the building, to include structural and roof parts, various and sundry debris generated by the demolition of the structure itself, any contents of the structure that remain at the time of demolition, and the building foundation.
(a) Removal of the foundation shall not be deemed complete unless and until every element of the foundation has been broken up and removed from the site, including all footers and material below grade.
(b) All surface irregularities, wells, septic tanks, basements, cellars, sidewalks, vaults, and coal chutes shall be completely removed.
(c) Once all the debris has been removed from the site, all holes shall be filled with environmentally clean compactable materials approved by the Village Administrator or their designee.
(3) Following the completion of demolition work, the owner, agent or person in control of the property or facility (industrial, commercial, public, and institutional) subject to the demolition activity shall provide for the restoration of the site so as to address safety and nuisance concerns. All such sites shall be brought to a level or other grade determined to be appropriate by the Village Administrator or designee.
(4) The demolition contractor shall provide for the disposal of the debris associated with the demolition and/or rehabilitation work including dust control during demolition in compliance with Ohio EPA requirements. The debris shall be placed in an appropriate container for removal by a private contractor, or another approved arrangement shall be made for the disposal of the debris on at least a weekly basis. No property owner or permit holder shall permit the non-containerized accumulation of demolition debris on any property in the village for a period in excess of seven calendar days. All debris and material associated with the demolition work shall be removed from the property.
(5) All sanitary sewer leads that served the subject demolished building or structure shall be removed or grouted solid from structure to property line and shall be capped at the property line, or as may be required by the Village Administrator or their designee. Applicants securing the demolition permit who choose to permanently terminate the water and/or sanitary sewer service must follow the Village of Archbold Engineering specifications.
(6) As soon as weather permits, the site, and adjacent public property that has been affected by the demolition activity, shall be restored (including the application of topsoil if necessary to ensure growth). Sod, grass seed, or other ground cover material shall be installed to address soil erosion control. The Village Administrator or their designee may require that straw or mulch material be placed on the site that is seeded to prevent erosion and enhance the likelihood of successful growth.
(7) Any damage to public property such as but not limited to a public sidewalk shall be properly repaired and restored to its original condition. This work shall be accomplished within two weeks after the building has been demolished.
(F) Regulation of demolition contractors. In undertaking any demolition work as defined in this subchapter, the demolition contractor during their entire employment under a contract, whether public or private, shall be responsible and liable for:
(1) Faithful compliance and adherence to all federal, state, and local laws and regulations relating to safe demolition and construction processes and procedures including equipment, apparel and individual protective device regulations, and requirements for pedestrian protection, adjoining property protection, vacant lot conditions, water accumulation, and utility disconnections in accordance with the Ohio Building Code. The Ohio EPA Division of Air Pollution shall be notified even if no asbestos or other hazardous materials are present.
(2) Securing all necessary licenses, permits, easements, and rights-of-way.
(3) Early and adequate notice to the village and utility companies for appropriate disconnections and the safeguarding thereof.
(4) Minimization of air pollution and contamination through wetting, soaking, and other dust and debris settling techniques, in compliance with all Ohio EPA requirements.
(5) Installation, erection, and maintenance of barricades, warning lights and signals, pedestrian cautions, and walkways in accordance with safety codes, regulations, and ordinances. When necessary for the public protection, the contractor shall employ guards and watchmen.
(Ord. 2023-57, passed 12-4-2023)