(A) License and permit required. No person, except a general contractor licensed by the Village Administrator nor any employee of such person, shall demolish or undertake to demolish or represent himself as having the capability of demolishing any building or other structure or part thereof, unless he has been licensed as a demolition contractor, and no person shall demolish or undertake to demolish any building or other structure or part thereof, unless he has secured, or caused to be secured, a permit for such demolition.
(B) Application; fees. Application for a demolition contractor's license shall be made to the Village Administrator. The fee upon original application for a demolition contractor's license shall be $25, which license shall be valid for a period of one year from its date of issue. If such license is renewed prior to its expiration the renewal fee shall be $20.
(C) Bond. At the time of making application for a demolition permit, a demolition contractor applicant shall have on file with the Village Administrator a bond in the penal sum of $2,000, 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 his employees while in the pursuit of his business under a demolition permit issued by the Village Administrator.
(D) Insurance; additional bonds.
(1) Prior to engaging in any demolition operations a demolition contractor shall have on file with the Village Administrator evidence that he has current comprehensive liability insurance of not less than the following limits:
(a) Bodily injury liability: each person, $300,000; each accident, $500,000.
(b) Property damage liability: $500,000.
(c) Automobile: each person, $300,000; each accident, $500,000.
(2) In case of a demolition contract awarded by the village under the provisions of this section, the contractor shall also post satisfactory and sufficient performance, work, labor and materials bonds. As a condition of the issuance of any permit for a specific demolition project the village may require a performance bond indemnifying the village for defects in performance within one year after completion of the work covered by the permit.
(E) Demolition permit.
(1) Application. Application by any person for a demolition permit shall be filed with the Village Administrator. Such application shall describe the demolition to be accomplished and shall designate the manner, method and equipment to be used. Application shall be made by the owner or the contractor employed to conduct such demolition, or the agent of either; unless made by the owner the applicant shall evidence his authority to make application by means of a duly verified affidavit of the owner. The application shall indicate the date upon which demolition is intended to begin and the probable date of completion thereof.
(2) Issuance of permit. Prior to issuance of the permit the Village Administrator shall determine that the proposed method of demolition is in accordance with good engineering practices and that the contractor or owner has the necessary and proper means and equipment to accomplish the demolition in accordance with the manner, method and equipment specified in the application.
(3) Fees. The fees for a demolition permit shall be at the rate of $25 per structure for a four-day period. Beyond the four-day period there shall be an additional charge of $10 for each day until the final inspection certificate can be issued.
(F) Notice and prosecution of work. The contractor or owner shall give the Village Administrator 24 hours notice before commencing demolition work under any permit. He shall carry out the work in an orderly manner and without unnecessary delay.
(G) Regulation of demolition and general contractors. In undertaking any work of demolition as defined in this chapter any general or demolition contractor during his 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.
(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) Early and adequate notice to adjoining property owners.
(5) The protection and safeguarding of adjacent property and public passersby.
(6) Damages resulting from the extension of explosion waves into adjacent property.
(7) Minimization of air pollution and contamination through wetting, soaking and other dust and debris settling techniques.
(8) 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.
(9) Unless the contract or orders of the village provide otherwise, total removal of the structure to the actual building and property line.
(10) Provision of proper drainage in the subsoil conditions. Percolation shall be provided in basement slabs by breaking or by drilling holes through the slabs, approximately six feet on center in all directions and connecting drain tile into existing storms where necessary for proper drainage. All floor slabs, under which a pit, well, cistern, tank or void exists, shall be broken or removed. All drains not removed shall be sealed with masonry or with precast clay or concrete stoppers.
(11) Complete removal from the demolition site of all organic materials, including wood, plastics, old plaster, floor tile and similar rubble. Masonry, stove concrete, tile bank-run gravel and compacted earth are permitted fill materials.
(12) Adjoining and party walls, as follows:
(a) If one of two back to back or adjoining walls, each of which is built along a common property line of two different ownerships, is required by order to be demolished with the rest of the structure, the contractor shall be responsible for the adjacent or adjoining property wall for repair or defects occasioned by the contractor, to the extent that the same shall be repaired or reconditioned as needed with suitable construction materials and procedures to insure that such remaining wall is as free from defects, and safety, fire and health hazards as it would have been had the wall not been demolished.
(b) Where the back to back or adjoining wall of the structure to be demolished is not required to be demolished, the contractor shall insure that such wall does not create or constitute a health, fire or safety hazard. When such wall exposes a variety of materials such as brick, stone, plaster or block, a cement or latex paint specifically prepared for masonry walls shall be applied to such exposed surface; provided that other means may be utilized when prior approval of the means has been granted by the Village Administrator.
(c) The contractor shall insure that party walls are structurally sound and do not create or constitute a health, fire or safety hazard. When such party wall exposes a variety of materials such as brick, stone, plaster or block, a cement or latex paint specifically prepare for masonry walls shall be applied to such exposed surface; provided that other means may be utilized when prior approval of the means has been granted by the Village Administrator.
(13) Insuring that any remaining walls, whether adjoining, party or back to back, have all openings, crevices, gaps, fissures, joist slots and the like plugged and carefully tamped or sealed with some suitable material against the weather, elements, fowl, rodents and other wildlife, so as to render them free of health, safety and fire hazards.
(14) Maintaining established property lines and grades at the original lines and grades. Backfill when necessary shall include structures suitable to retain the original grades. Where vertical walls have been removed from stone retaining walls, such retaining walls may be retained if suitable backfill is provided to furnish sufficient side load to retain the original support of the property. The premises shall be graded to prevent water from unnecessarily draining onto adjacent premises.
(15) Construction of damaged or destroyed curbs, gutters and sidewalks with new four-inch concrete improvements in accordance with village specifications.
(16) Filing with the Village Administrator a sketch plan of any foundations, walls or other pertinent data relating to the site which have been buried by backfill.
(17) Continuity of service to adjacent property by the replacement or repair of overhangs, cornices, downspouts, etc., which overhang from adjacent property and which have been removed or damaged by the contractor.
(18) The replacement and repair of damaged or destroyed curb boxes and utility entrance service.
(H) Completion. Demolition of any building or structure under any permit shall not be considered completed until:
(1) The contractor or resident-owner has removed all lumber, rubble and other building or structural materials and debris and all demolition equipment from the graded premises, or, at the owner's request, has piled it neatly upon the premises, in such a manner as not to constitute a public nuisance, hazard or possible rodent harborage;
(2) The contractor or resident-owner has broken and removed all foundations or slabs to not less than two feet below the ground surface, and has filled all basements, trenches or other depressions with not less than two feet of compacted earth, or as otherwise provided herein, graded neatly to the existing established grade level, unless a building permit has been issued for a structure which will make use of the foundation or slab remaining after demolition; and
(3) The Village Administrator has issued to the contractor or resident-owner a certificate of final inspection, which certificate shall issue when the provisions of this section have been satisfied.
(I) Non-completion. No person shall fail to comply with the provisions of division (H)(1) and (H)(2) of this section within three days after a structure or building has been demolished.
(J) Permit compliance. No person shall demolish a building or structure other than in accordance with the method of demolition set forth in an approved application for demolition permit.
(K) Exceptions.
(1) The provisions of this chapter which require the holding of a demolition contractor's license, the filing of bonds and evidence of liability insurance coverage shall not be applicable to the owner of any parcel of land desiring to demolish any building or structure which is situated upon the parcel of land being occupied as the residence of such owner, and when such demolition is to be executed personally by such owner; and the permit fees established in division (E)(3) of this section shall be reduced 50% for such resident-owner applicant.
(2) Such resident-owner shall otherwise comply with all of the requirements of this section as though he were a duly licensed general or demolition contractor.
(L) Violations.
(1) No person or firm shall violate any division of this section, or any order made in pursuance thereof, or obstruct or interfere with the execution thereof, or willfully or illegally omit or fail to obey such order.
(2) No officer of a corporation who has authority over the matter involved in the violation of division (L)(1) of this section shall permit the violation of such division.
(M) Penalty.
(1) Each day of any violation of any of the provisions of this section shall be punishable as a separate offense.
(2) In addition to any other penalties provided for violations of the provisions of this section, the Village Administrator shall have the right to revoke any contractor's license or any license or permit issued under this section. Appeal may be had to Village Planning Commission in accordance with R.C. Chapter 2506.
(3) Whoever violates any provision of this section is guilty of a misdemeanor of the second degree.
(Ord. 26-2017, passed 12-27-17)