§ 150.100 PERMIT REQUIRED; APPLICATION.
   (A)   No person shall remove, destroy, wreck or demolish any building or structure in the city without first securing a permit therefor from the city, as hereinafter set forth.
   (B)   Application for a permit required by this section shall be made in writing to the City Clerk and shall state the legal description of the real estate on which the building or structure is situated, the street address of the property and the type of building or structure to be demolished, the interest of the applicant therein, the date the demolition is to commence, the estimated date of completion and any other information as may be from time to time required by the Code Enforcement Officer.
   (C)   (1)   Upon filing of an application for a permit required by this section, the City Clerk will refer the application to the Code Enforcement Officer, who shall examine the application and investigate the site.
      (2)   Upon completion of his or her examination of the application and investigations relative thereto, the Code Enforcement Officer shall make recommendations concerning the proposed demolition to the Commissioner of Public Health and Safety.
   (D)   Upon receipt of the Code Enforcement Officer’s recommendations relative to the application for a permit required by this section, the Commissioner of Public Health and Safety shall determine whether or not the permit applied for shall be issued.
   (E)   (1)   The applicant shall commence demolition of the building or structure for which the permit is issued within 30 days of the approval of the application by the Commissioner of Public Health and Safety.
      (2)   Demolition of the building or structure shall be completed within 90 days after commencement thereof.
   (F)   (1)   All depressions or basements under any building or structure for which a permit is issued for demolition shall be filled to the same level as the existing grade or landscape.
      (2)   (a)   All depressions and basements shall be filled with clay and compacted.
         (b)   However, with the approval thereof and under the supervision of the Code Enforcement Officer, broken concrete may be used as a fill below three feet of grade or landscape where the concrete basement floor is broken up to prevent the pooling of water and the broken concrete or rock foundation is covered with sand which shall be flooded in with water to prevent unfilled pockets.
      (3)   (a)   An existing basement foundation or other foundation may be used for new construction provided approval thereof for the purpose has been granted by the Building Inspector and a building permit has been issued for the new construction by city prior to the time the demolition is required to be completed.
         (b)   The Building Inspector shall only permit an existing basement foundation or other foundation to be used for new construction which satisfies all building code requirements for test loads and other criteria as set forth in the code.
      (4)   Unless an existing basement foundation or other foundation is to be used for new construction, all that portion of the basement walls, foundations and other supporting structures shall be removed to a point three feet below grade or landscape.
      (5)   (a)   Where any building or structure proposed to be removed or demolished was constructed upon a concrete slab or a concrete slab is adjacent thereto, the concrete slab shall be removed at the time of demolition of the building or structure unless satisfactory evidence is presented to City Council of a future intended use for the slab in conformity with all building codes and zoning regulations of the city.
         (b)   The burden of producing satisfactory evidence of the intended future use shall be on the applicant.
   (G)   Any building or structure which is damaged by explosion, fire, flood, wind or other act of God to the extent of 50% or more of its fair market value immediately prior to damage shall be removed or demolished within 90 days of damage.
   (H)   A fee of $25 for the demolition of each building or structure to be demolished shall accompany the filing of an application for a permit therefor.
(1994 Code, § 150.70) (Ord. 227, passed 4-17-1972; Ord. 370, passed 4-25-1988; Ord. 96-03, passed 3-11-1996) Penalty, see § 10.99