§ 150.26 PENAL BOND.
   (A)   In order to obtain a demolition permit, the person desiring the permit shall post a penal bond in the amount of 25% of the estimated cost of tearing down, demolishing or removing a structure or building, along with the cost of removing any debris, and placing the real estate in a clean and sightly condition once the structure once the structure has been completely demolished or removed. The estimate shall be rendered by a competent contractor doing business in Randolph County, Indiana, and subject to the acceptance of the same by the Board of Public Works and Safety, which acceptance shall not be unreasonably withheld.
      (1)   The owner or entity contracted by the owner for demolition shall eliminate hazards of bodily injury and property damage to abutting owners and occupants of property, pedestrians and operators of vehicles on and around the site, on the public ways of the city and agree to indemnify and hold the City of Union City harmless from all claims of and for bodily injury and property damage occasioned by the demolition. At the time of application the owner or other entity contracted by the owner to complete the demolition shall file a certificate of insurance evidencing current commercial insurance coverage for bodily injury and property damage liability.
      (2)   Basement walls, concrete slabs, footing, chimneys, steps, sidewalks and underground structures shall be removed to a depth of three feet below finish grade. Concrete slab(s) below three foot depth shall be broken to allow the penetration of water.
      (3)   Backfill materials shall consist of non-organic granular materials only.
      (4)   Utility service lines shall be cut and plugged under the supervision of the service provider to whom notice of severance shall be given. Water and sewer lines shall be cut and plugged at or near the main under the supervision of the Utilities Department.
      (5)   No fire will be ignited on a permitted demolition site except in accordance with a duly issued and valid burn permit under applicable law.
      (6)   When demolition is complete, the top four inches of the site shall be backfilled with soil suitable to support vegetation and the site shall be seeded or sodded within 30 days or, if not within the growing season, within such time as the Ordinance Officer shall specify in the demolition permit. The site shall be re-seeded or re-sodded as often as may be necessary to produce a covering of growing and thriving grass. The requirements of this sub-section shall not apply to that portion of a demolition site, and necessary access thereto, upon which a valid building permit has been issued for construction of surface improvements under the Randolph County Zoning Ordinance.
   (B)   The funds from the bond shall be retained by the Clerk-Treasurer in a restricted account to assure that the demolition is accomplished, the debris is removed, and the land is left free of debris. If the permit holder fails to complete the demolition, remove the debris and leave the site clean and in a safe condition, the funds from the bond may be used for that specific purpose.
   (C)   The Clerk-Treasurer shall account for the use of the funds so expended and return the balance of funds to the permit holder, when these funds are not required to accomplish these purposes.
(Ord. 2005-08, passed 10-24-05; Am. Ord. 2008-03, passed 3-10-08; Am. Ord. 2012-03, passed 3-26-12; Am. Ord. 2014-03, passed 6-9-14; Am. Ord. 2015-02, passed 5-26-15) Penalty, see § 150.99