(A) In general. A demolition permit is required for the demolition of any structure, building or alteration, which would require a building permit. No principal building or structure shall be issued a demolition permit unless the request is approved by express action of the City Council.
(1) Prior to the submission of a demolition permit application to City Council pursuant to division (A), all demolition permit applications shall be forwarded by the Building Director to the Berwyn Historic Preservation Commission (the “Commission”) within five business days of receipt of the application. The Commission shall, within 15 business days of receipt of the application or by the Commission’s next regularly scheduled meeting, whichever occurs first, make a preliminary determination of historic eligibility pursuant to the criteria set forth for historic landmarks and Historic Districts in § 1478.05 and/or § 1478.06, respectively.
(2) In the event that the Commission determines that a structure, building or alteration is not eligible for designation as a historic landmark or included within a Historic District, all as defined in § 1478.03 respectively, the Commission may deliver a resolution to the Building Director within five business days of its preliminary determination stating that the Commission has no objection to the demolition permit application.
(3) In the event that the Commission determines that a structure, building or alteration is eligible to be designated as a historic landmark or included within a Historic District, all as defined in § 1478.03 respectively, the Commission may deliver a resolution to the Building Director within five days of its preliminary determination recommending the City Council stay the demolition permit application until the Commission completes its historic landmark or Historic District nomination procedures pursuant to Chapter 1478 of the code.
(4) In the event that the Building Director receives a resolution from the Commission pursuant to this section, the Building Director shall forward the resolution to the City Council for final determination of the demolition permit application at the next regularly scheduled City Council meeting. City Council shall consider the resolutions in making their final determinations upon a demolition permit application.
(5) lf the Building Director does not receive a resolution from the Commission within the time period provided in division (A)(1) above, the Commission will be deemed to have recommended approval of the demolition permit.
(B) Notice to utilities; disconnection of services and equipment. Before a structure is demolished or removed, the owner or his or her agent shall notify all utilities having service connections within the structure, such as water, electric, gas and sewer, of the pending demolition. A demolition permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
(C) Notice to adjoining owners. Only when written notice has been given by the applicant to the owners of adjoining lots, and to the owners of wired or other facilities, of which the temporary removal is necessitated by the proposed work, shall a demolition permit request for the removal of a principal building or structure be reviewed by the City Council for approval. The notice shall include the time, place and date of City Council review.
(D) Maintenance of unsafe or hazardous conditions. When, in the opinion of Building Director, a principal structure is in an unsafe or hazardous condition, the provisions of City Council action, as well as the provisions under division (A)(1) herein, may be waived in order to protect against imminent danger. Whenever a structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot and restoration of established grades.
(Ord. 96-21, passed 5-14-1996; Ord. 07-31, passed 6-26-2007; Ord. 08-56, passed 7-12-2008)