The following standards and conditions shall apply to all demolitions of dwellings undertaken in the village:
A. Permit Required: No demolition of a dwelling in the village shall be undertaken except after a valid permit therefor has been issued and the fee therefor paid in full by the applicant. For purposes of this section, the term "demolition" shall have the meaning ascribed to it in subsection 9-1-7A3 of this chapter.
B. Notices: For the sole purpose of advising adjacent residents that a demolition authorized pursuant to this code will be occurring, notices shall be required of all applicants for a permit authorizing demolition of a dwelling at the time of application and, if a permit is issued, prior to commencement of demolition as follows:
1. Written Notice Of Application; Certification: Notice of the filing of an application for a permit to demolish a dwelling shall be given to all residents of property within two hundred fifty feet (250') of any part of the subject property. Such notice shall be in a form provided by the village and shall be given by first class mail with purchase of a certificate of mailing or by personal delivery not later than ten (10) days after the filing of the application. The applicant shall file with the village, within fourteen (14) days after the filing of the application, written certification that such notice has been given properly. Such certification shall be in a form provided by the village and shall include the original receipts from the certificate of mailing. The village shall not process, and shall return to the applicant, any application for which such notice was not given or for which such certification was not filed as provided herein.
2. Notice Of Commencement: The applicant shall cause notice, which may be in writing or oral, to be given to the building commissioner of any work pursuant to a permit issued pursuant to this section. Such notice shall be given not less than two (2) business days nor more than four (4) business days in advance of such work. For purposes of this subsection, the term "work" shall mean any work on the subject property other than the installation of the protective fencing required pursuant to subsection 9-1-7F of this chapter and any approved erosion control.
3. Posted Notice Of Commencement: The applicant shall cause notice of the commencement of demolition to be given by posting the subject property in a prominent place with a sign announcing such commencement. The size, shape, color, and message of such sign shall be as required by the building commissioner. Such sign shall be posted not less than four (4) days nor more than seven (7) days in advance of such commencement, and shall be maintained on the subject property until commencement of demolition.
4. Posted Notice Of Rules And Regulations: The applicant shall post on the subject property in a prominent place a sign containing notice of the rules and regulations applicable to demolition and construction work. Such sign shall be posted not less than four (4) days nor more than seven (7) days in advance of the commencement of demolition. Such sign shall be maintained on the subject property until all work on the subject property has been completed and approved or until removal is approved by the building commissioner. The size, shape, color, and message of such sign shall be as required by the building commissioner.
C. Village Processing Period: No permit authorizing demolition of a dwelling shall be issued by the village sooner than thirty (30) days after filing by the applicant of the certification of notice provided in subsection B1 of this section.
D. Commencement Of Construction Or Site Restoration: Either construction of an approved new structure shall have commenced, or the subject property shall have been fully restored in conformance with the approved site restoration plan, if any, or with such other plan as may be approved by the village, within sixty (60) days after completion of demolition. The sixty (60) day period provided in this subsection for completion of site restoration shall be extended by one day for every business day that weather conditions prohibit restoration work on the subject property, as determined by the building commissioner.
E. Village Right To Enforce: Every permit authorizing demolition of a dwelling issued pursuant to this title shall be conditioned on the agreement of the applicant and the owner of the subject property that: If any work pursuant to a permit authorizing demolition of a dwelling is undertaken in violation of any provision of this title or of any permit issued or plan approved pursuant to this title, then the village shall have the right at all times, but not the obligation, to enter onto the subject property and to cause any and all work to be done and actions to be taken to cure such violation. The applicant and the owner of the subject property shall be jointly and severally responsible for all costs and expenses incurred by the village, including, without limitation, attorney fees and administrative expenses, in causing such cure. The village shall have the right, at its option, to draw on the site management bond provided pursuant to subsection 9-1-7I of this chapter, or to demand payment directly from the applicant or the owner, for the cost of such village work, including, without limitation, legal fees and administrative expenses, based either on costs actually incurred by the village or on the village's reasonable estimates of costs to be incurred. Except as provided in subsection G of this section, the village shall give a written or oral twenty four (24) hour notice and an opportunity to cure to the applicant before taking such action; provided, however, that no such notice and opportunity to cure shall be required in the event of repeated violations or in the event that a condition on or near the subject property poses, in the determination of the village, a threat of any kind to the public health or safety. The entire substance of this subsection shall be printed in bold type on every permit authorizing demolition issued pursuant to this title.
F. Village Right To Complete Work: Every permit authorizing demolition of a dwelling issued pursuant to this title shall be conditioned on the agreement of the applicant and the owner of the subject property that: If the applicant fails or refuses to complete the work authorized by said permit in accordance with all plans approved in connection with said permit, or if said permit has expired or been canceled and the applicant has failed to secure a new permit to complete the work, or if the applicant has violated any provision of this title or of any permit issued or plan approved pursuant to this title and fails and refuses to cure such violation, then the village shall have the right, in addition to all other rights afforded to the village by law, at the village's option, to complete such work or to correct any defect or deficiency, using the village's own forces or contractors hired for that purpose. The village shall have the right to draw on the site management bond provided pursuant to subsection 9-1-7I of this chapter, or to demand payment directly from the applicant or the owner, for the cost of such village work, including, without limitation, legal fees and administrative expenses, based either on costs actually incurred by the village or on the village's reasonable estimates of costs to be incurred. Except as provided in subsection G of this section, the village shall give a written or oral twenty four (24) hour notice and an opportunity to cure to the applicant before taking such action; provided, however, that no such notice and opportunity to cure shall be required in the event of repeated violations or in the event that a condition on or near the subject property poses, in the determination of the village, a threat of any kind to the public health or safety. The entire substance of this subsection shall be printed in bold type on every permit authorizing demolition issued pursuant to this title.
G. Special Permit Fees:
1. Additional Fee For Late Work: If the applicant shall fail to commence construction within sixty (60) days or shall fail to complete site restoration within sixty (60) days, as provided in subsection D of this section, then the applicant shall pay a special late work permit fee of two hundred fifty dollars ($250.00) per day for each day until such work is completed. The village shall deduct such fee from the site management bond provided pursuant to subsection 9-1-7I of this chapter.
2. Additional Fee For Street Cleaning: If the applicant shall fail to clean all sidewalks and streets adjoining and in the area of the subject property as required by subsection 9-1-7H6 of this chapter, then the applicant shall pay a special street cleaning fee of three hundred dollars ($300.00) for each violation of said subsection. The village shall deduct any special fee due pursuant to this subsection from the site management bond provided pursuant to subsection 9-1-7I of this chapter.
3. No Notice Required: The village shall have no duty to notify the applicant of a violation of subsection D of this section or of subsection 9-1-7H6 of this chapter, but instead the village may immediately proceed pursuant to subsections E and F of this section and this subsection G. (Ord. O2008-46, 8-12-2008)