(A) Requirement of a demolition permit. Notwithstanding any other provision of local, state or federal law, any building to be demolished or otherwise removed in whole or in part shall require a demolition or salvage permit and the proper fee as authorized and granted by both the City Fire Department and the City Inspection Office.
(B) General procedure.
(1) An appropriate permit shall be obtained from the Inspection Office prior to beginning demolition or salvage operations. The contractor, individual or other business seeking a permit shall complete the required application for the permit, in the form and manner as prescribed by the Inspection Office. The City Fire Department and the Inspection Office shall have the authority to make the inquiry and to obtain additional information as is necessary to review and process the application for demolition or salvage permit, including making inquiry with the City Police Department or other sources.
(2) (a) Building salvage operations shall require a salvage permit at a cost stipulated in § 162.210(B)(1)(d) and (B)(2)(c) of the city code.
(b) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SALVAGE. The removal of exterior or interior fixtures, trim, doors, windows, porches, structural components, flooring and significant architectural or historical features prior to demolition of the structure with the intent of reuse or re-sale. Excluded from this definition is the removal of materials incidental to or made necessary by, the demolition process. Also excluded from this definition are salvage operations that are part of or associated with building re-habilitation, remodeling, renovation or other construction operations allowed by a proper building permit.
(3) (a) Building demolition operations shall require a demolition permit at a cost stipulated in § 162.210(B)(1)(d) and (B)(2)(c) of the city code.
(b) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DEMOLITION. The leveling or dismantling of a building or structure, including the removal of debris in a manner consistent with the provisions of § 152.03(L) of this chapter. Excluded from this definition is the removal of materials not necessary in the demolition process and whose removal delays the demolition process.
(4) After receipt and filing of a completed application for demolition or salvage permit, the Building Official shall promptly cause a copy of the application to be forwarded to the City Fire Department for review.
(5) The City Fire Department and the Inspection Office shall perform independent follow-up inspections of the building at the proposed demolition site to verify the information provided in the application and to determine whether or not a waiver of the requirement of an on-site fire protection guard is warranted.
(6) Subject to emergencies or other situations beyond the control of the City Fire Department and the Inspection Office, a decision as to whether or not a waiver of the requirement of a fire protection guard is warranted shall be made within a reasonably prompt time, generally two business days, after receipt and filing of the application for demolition permit.
(C) Failure to provide information and denial of demolition or salvage permit. Should a contractor, individual or other business seeking a demolition permit fail to provide complete and accurate information as is required by the City Fire Department and the Inspection Office, sufficient and reasonable grounds exist for immediate denial of a demolition/salvage permit, or revocation of any permit previously issued.
(D) Issuance of demolition permit.
(1) Neither a demolition or salvage permit shall be granted prior to submission to the Inspection Office of a completed utility notification check off, forms for which shall be available at the Inspection Office.
(2) For any contributing property in a National Register Historic District or property listed individually on the National Register of Historic Places, no demolition or salvage permit shall be granted prior to the expiration of up to 45 days from the filing of the application with the Inspection Office to allow the City Preservation Commission sufficient time to survey, review, comment and document the subject property and to conduct a public hearing in the same manner as required by § 162.191(D), and thereafter submit a report to the Director of Planning and Development and the City Council, unless the review period is waived in writing by the Commission.
(a) Exception; city notice to owner to demolish. In the event a property has been declared unsafe and dangerous by the city and a nuisance abatement notice is given to the owner to demolish or repair the nuisance structure, then the period provided above for review by the City Preservation Commission shall commence from the time the Preservation Commission is provided with a copy of the nuisance abatement notice (or other notice from the city that the nuisance structure is to be demolished). If the notice has been provided to the Preservation Commission, it shall not be necessary to provide further notice to the Commission of any application to demolish (by the owner) or of direct demolition by the city.
(b) Summary demolition.
1. Notwithstanding anything herein to the contrary, the period for review by the Preservation Commission may be waived upon the concurrence of the Building Inspector and the Fire Chief that a structure constitutes an imminent threat of serious injury or damage to persons or property that it should be demolished in a manner consistent with the summary nuisance abatement provisions of § 92.04 of the municipal code provided that the Preservation Commission receive notice from the Building Inspector of the summary demolition as soon as is practicable, and nothing herein shall be deemed to limit or restrict the power or authority of the city to summarily abate nuisances in accordance therewith.
2. An order of summary demolition shall preclude the issuance of a salvage permit.
(3) For any individual or contributing property nominated or designated as a city local landmark or contributing property in a designated City Local Historic District, no demolition or salvage permit shall be granted prior to receipt of a certificate of demolition as per the requirements of Ordinance 8151, Landmark and Historic Districts and § 162.191, Demolition.
(4) The City Fire Department shall receive prompt notice from the Inspection Office of the issuance of a demolition permit, at which time the City Fire Department and the Inspection Office may place further reasonable conditions, requirements or restrictions upon the issuance of the permit as are necessary to ensure the public health, safety and welfare, in addition to the general requirement of this chapter.
(1980 Code, § 23.301) (Ord. 8926, passed 11-13-2001; Ord. 9077, passed 6-5-2006; Ord. 9087, passed 10-16-2006; Ord. 9204, passed 1-23-2012; Ord. 9492, passed 4-29-2024)