It is the intent of the city to provide for an orderly procedure and standards for the demolition of buildings and structures located in the city in a manner that will protect the public health, safety, and welfare. In addition to demolition provisions provided for in other sections of this code, the following requirements shall be met whenever a building or structure is demolished unless a variance is granted as provided herein.
A. Permit Required: No person, firm, corporation or other entity shall demolish a building or structure or portion thereof without a permit therefor in accordance with the following procedures:
1. Any entity seeking to demolish a building or structure shall file an application for demolition with the building and neighborhood services manager or his designee. The application shall be on forms provided by the city.
2. The building and neighborhood services manager or his designee shall examine the application to determine whether all the required information has been provided. If required information is incomplete or the fee required pursuant to subsection B of this section has not been paid, the application shall be returned to the applicant for correction and/or payment of the fee. An application shall be considered as "accepted" on the date the building and neighborhood services division director or designee determines that the application is complete and the fee has been paid.
3. If the building and neighborhood services manager or designee determines that the proposed demolition is in conformity with this section and the remainder of this code, then he shall promptly issue the demolition permit unless he determines that one or more of the provisions in subsection A4, A5, or A6 of this section apply. (Ord. 90-122)
4. If, upon examination of the application and records of the city, the building and neighborhood services manager or his designee determines that the building or structure proposed to be demolished has been: a) designated by the city council as being in a landmark district, in a historic district, or in a neighborhood preservation district pursuant to section 15.2.5 of this code, or b) nominated for designation as such a district and subject to the provisions of subsection 15.2.5.2D of this code, the building and neighborhood services manager or designee shall not issue the demolition permit until a certificate of appropriateness or certificate of economic hardship provided for at subsection 15.2.5.4 of this code has been issued or the city council waives the requirement pursuant to subsection 15.2.5.2D or 15.2.5.4 of this code.
5. If, upon examination of the application and records of the city the building and neighborhood services manager or designee determines that the building or structure has been: a) listed by the city council on an inventory of potential places to be considered for designation as a landmark district or part of a historic district, or b) nominated and under consideration to be a landmark district or part of a historic district pursuant to subsections 15.2.5.2A through C of this code, the building and neighborhood services manager or designee shall use the following procedure: (Ord. 2013-21)
a. The applicant shall be notified in writing of the listing and advised of the following review procedure.
b. The written notice shall also be given to the preservation commission through the commission's executive secretary.
c. The commission shall consider the demolition permit application. If the commission has no objection to the demolition, the commission chairperson shall so notify the building and neighborhood services manager or designee and a demolition permit shall be promptly issued if all other applicable city code requirements are met. In the event the commission objects or takes no action within sixty (60) days from the date the demolition application is accepted by the city, the building and neighborhood services manager or his designee shall promptly, at the end of the sixty (60) day period, issue the demolition permit if all other applicable city code requirements are met.
d. Provided, however, that when circumstances exist that pose an imminent threat to the health, safety or welfare of the public, the city council may authorize by motion, the demolition of property without following steps in subsections A5a, A5b, and A5c of this section. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building and neighborhood services manager. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members.
6. If upon examination of the application and other information available to him, the building and neighborhood services manager or designee determines that the building or structure may be historically or architecturally significant but does not meet the criteria under subsection A4 or A5 of this section, the building and neighborhood services manager shall promptly send a notice to the applicant and to the preservation commission. Unless the building and neighborhood services manager or his designee determines that circumstances exist which pose an imminent threat to the health, safety, or welfare of the public, no demolition permit shall be issued prior to ten (10) days after city acceptance of the application. In the event such a threat exists or the ten (10) days have elapsed, the building and neighborhood services manager or designee shall issue the demolition permit if all other applicable city code requirements have been met.
B. Permit Fee: The fee shall be ten dollars ($10.00) per structure. The city or its agents need not pay a fee. (Ord. 90-122)
C. Time Limitations: No wrecking or removal of any structure shall be commenced until every precaution for the protection of the public has been taken. When such demolition has been instituted, it shall continue continuously during ordinary working hours until completed. All requirements of this section pertaining to demolition shall be completed within sixty (60) days from the date of the issuance of the permit.
D. Utility Disconnections: Before demolition of any building or structure is commenced, all utilities to such building or structure shall be disconnected and the openings properly plugged or capped at the property line. Utility disconnection, except for water and sewers, shall be performed or supervised by the proper utility company or agency affected.
E. Burning Prohibited: Burning of paper, refuse, waste, or other materials at the site of any demolition operation is prohibited.
F. Natural Soil Fill Required: In clearing a site, all excavations shall be filled with natural soil, so as to be level with adjoining grade. The filling of such excavations shall not be required when a building permit has been issued for a new building on the site and construction thereof is to be started within thirty (30) days after the completion of demolition operations. Provided, however, if fill is made in the excavated area, it shall be made exclusively of natural soil. If fill is not made, the owner of the building permit shall provide such excavation with a substantial fence protecting the excavation on all sides.
G. Basements: Where a basement exists, all walls shall be removed from the basement excavation.
H. Open Wells: Open wells shall be sealed to prevent ground water contamination and filled with natural soil.
I. Removal Of Rubbish: All adjacent streets, alleys, and other public ways and places shall be kept free and clear of all rubbish, refuse, and loose material resulting from the demolition and removal operations.
J. Variance:
1. A property owner may request a variance from the requirements of subsections F and G of this section and from the requirement that demolition work be completed within sixty (60) days by submitting a request for a variance to the building and neighborhood services division. The following information shall be submitted with the request for a variance:
a. A statement explaining in detail the factual reason, if any, which make compliance with the requirements of this section economically or physically impracticable or the manner in which compliance with these requirements would endanger adjoining property not planned to be demolished.
b. A plan for demolition prepared and sealed by a registered professional engineer indicating in detail the method and extent of demolition proposed and the amount and location of any material other than natural soil proposed to be used as fill or not removed from the demolition site. The plan shall also show existing contours and elevations and proposed final grading contours. If any material other than natural soil is proposed to remain on site or be buried on site, the elevation limits of such fill shall clearly be indicated.
c. The property owner shall submit a performance bond in favor of the city in sufficient amount to ensure that the proposed demolition plan is carried out; except that the city need not obtain a performance bond for demolition work to be performed by it.
2. The city manager shall appoint three (3) city employees to serve as the demolition board. This board shall consider the request, if any, in the opinion of the board, it is economically or physically impractical to meet the requirements of the above paragraphs of this subsection or if, in the opinion of the board, to do so would endanger adjoining property not planned to be demolished and if the board finds that the demolition plan adequately protects the public health and safety, then request for variance from the requirements of the above listed paragraphs of this subsection shall be granted to the extent shown in the application.
3. If a variance request is granted, the property owner shall perform all work according to the approved demolition plan. Any revision in this plan must be approved by the board. No building permit shall be issued for the cleared site unless it conforms with the demolition plans.
4. If the request for a variance is denied, the board shall provide the applicant with a written statement which sets forth the specific reasons for the denial. (Ord. 84-11)
K. Appeals: Any applicant for a demolition permit, or any permittee aggrieved by an administrative decision under this section may appeal that decision to the building code of appeals or any successor of such board provided for by any international building code adopted by the city. (Ord. 84-11; Ord. 2003-72)