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A. Where buildings, structures, or portions thereof are deconstructed or demolished, applicable individual materials shall be diverted from landfill waste as specified in the Deconstruction and Demolition Material and Waste Management Plan established by Boise City. The building official, or designee, may require independent third-party audit and/or verification where deemed necessary. The Deconstruction and Demolition Material and Waste Management Plan shall be completed by a designated Recycling/Reuse Coordinator, that includes procedures for deconstruction or demolition, and that documents the total materials from sites, buildings, structures, and portions thereof, to be deconstructed or demolished and the materials to be diverted for recycle or reuse purposes, including destinations of diverted materials and hauling method.
B. Exceptions:
1. Where evidence can be shown that certain types of buildings or structures, or portions thereof, do not have acceptable or adequate materials for recycle or reuse, divert materials to the maximum extent possible, with building official approval.
2. Where evidence can be shown that the building or structure, or portion thereof, has excessive damage from conditions such as hazardous materials, fire damage, water damage, rot, mold, etc., may be exempt, with building official approval.
3. Buildings or structures, or portions thereof, ordered to be abated under the City Dangerous Buildings Code may be exempt, with building official approval. (Ord. 15-21, 5-4-2021)
The Deconstruction and Demolition Material and Waste Management Plan established by Boise City shall be completed and implemented by a designated Recycling/Reuse Coordinator to recycle or salvage deconstruction and demolition materials for reuse. The Estimation Proposal plan shall be submitted for review and approval upon submittal of an application for a permit. The Actual Diversion Report shall then be submitted for review after the deconstruction and/or demolition project work is completed. The Deconstruction and Demolition Material and Waste Management Plan shall comply with this Chapter and contain the following information:
A. Materials to be diverted from waste disposal in landfills by recycling, reuse, manufacturer's reclamation, salvage for future reuse, donation, or sale shall be specified and include destinations of diverted materials and hauling method.
B. The quantity of materials to be diverted shall be specified and shall be specified by weight whenever possible. When the receiving facility does not have the ability to weigh materials, quantity may be estimated or reported in cubic yards.
C. Recycling, reuse, and landfill receipts, weight tickets, hauler receipts, and other documentation related to diversion shall be maintained through the course of deconstruction or demolition, and submitted to the building official, or designee, for verification prior to the return of the bond on the project. (Ord. 15-21, 5-4-2021)
Any person, firm, or corporation aggrieved by any action or decision of the Planning and Development Services Department arising out of the enforcement of this chapter may appeal the same to the Building Code Board of Appeals and to the City Council in accordance with the provisions, procedures, and fee adopted under the Building Code and One-And-Two-Family Dwelling Building Code of Boise City Code. (Ord. 15-21, 5-4-2021)
Any person, firm, or corporation violating the provisions of this code shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
A. In the discretion of the building official, the City may charge the offender with an infraction in lieu of a misdemeanor. The infraction shall be payable by a fine of three hundred dollars ($300.00). There shall be no right to a trial by jury for an infraction citation or complaint.
B. For purposes of trial by court or jury, the infraction described within this section shall not constitute a lesser included offense for any misdemeanor citation or complaint.
C. A prosecuting attorney may reduce a misdemeanor charge under this chapter to an infraction as described herein, payable by a three hundred dollar ($300.00) fine, if the defendant engages in corrective actions resulting in fully completed and permitted work. (Ord. 15-21, 5-4-2021)