§ 150.08  DELAY OF DEMOLITION.
   (A)   Purpose. This section is adopted pursuant to Conn. Gen. Stat. § 7-148 (c)(10)(F) and §§ 29-404 to 29-408, as amended from time to time. It is designed to further the preservation, rehabilitation, and reuse of historic resources to promote the city's cultural, economic, social and general welfare, and improve property values. This section is intended to provide adequate time for all parties to consider and put forth appropriate development alternatives to demolition of such resources where they are not otherwise protected; including but not limited to provide advocates time to research and document the historic resource, consult with the property owner on alternatives to demolition, or find a potential purchaser to preserve the building or relocate it.
   (B)   Definitions. For the purposes of this chapter, the following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
      APPLICANT. Any person or entity who files an application with the city for a demolition permit.
      BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
      DEMOLITION. Any wrecking activity directed to the disassembling, dismantling, dismembering and/or razing of any structure or fixtures and parts thereof not exempted under the provisions of Conn. Gen. Stat. § 29-402(c); and also includes the act or process of delaying or withholding maintenance of a building or structure in such a way as to cause or allow significant loss of architectural integrity or structural stability.
      STRUCTURE. Any assembly of materials above or below ground level forming a construction for occupancy or use including, but not limited to, buildings, stone walls, stadiums, platforms, radio towers, storage tanks, towers, trestles, sheds, coal bins, bridges, boilers, shelters and display signs. The term STRUCTURE shall include a structure or any part or parts thereof.
   (C)   Review process.
      (1)   Pursuant to City Code § 150.06, no person shall demolish any building, structure or part thereof without obtaining a demolition permit from the building official or his/her designee. The building official or his/her designee shall review and determine whether a permit may be issued in accord with this section, or such other ordinances as may restrain issuance of such permit.
      (2)   A building, structure or part thereof which is proposed to be demolished is subject to delay of demolition if it is subject to any of the following:
         (a)   It is on, or under consideration to be put on, the list of individual properties on the National Register of Historic Places or the state register of historic places; or
         (b)   It is located within a district on the National Register of Historic Places or the state register of historic places.
      (3)   If it is determined that the proposed demolition is subject to delay, the building official or his/her designee shall inform the applicant in writing that a waiting period of 90 days from the date of receipt of the application will be imposed before granting the demolition permit, in accordance with Conn. Gen. Stat. § 29-406(b) as amended from time to time.
      (4)   During the waiting period referred to in this section, the applicant shall take no action toward demolition of the building, structure or part thereof, including, but not limited to, site remediation and asbestos abatement.
   (D)   Notice requirements.
      (1)   In addition to providing written notice to abutting property owners pursuant to Conn. Gen. Stat. § 29-407, an applicant subject to delay shall provide public notice in the following manner and provide evidence of compliance to the building official or his/her designee.
         (a)   The applicant desiring to perform such demolition shall provide a written notice of the proposed demolition, approved by the Building Department, via certified mail to all owners of property adjoining the property upon which the building, structure or part thereof to be demolished is located, all as verified from the most current Real Property Records on file in the Office of the City Tax Assessor (or the actual owners of record if otherwise known to the applicant). Such written notice shall be so mailed not later than 20 days after the building official informs the applicant that demolition of the building, structure or part thereof is subject to delay, and such notice shall contain that an application has been filed for a demolition permit; the date of the filing of such application; the common name, if any, of the subject property; a photograph of the building, structure or part thereof to be demolished; the street address of the property upon which the proposed demolition is being sought; the name and address of the owner of said property; the proposed date of demolition; the age of the building, structure or part thereof to be demolished; and that unless written objection is filed with the Building Official within 30 days of publication of the notice, the permit may be issued after the expiration of such 90-day period. The certified mail receipts shall be submitted to the Building Department at the time of the application.
         (b)   Publish a legal notice of the demolition permit application in a daily or weekly newspaper having a substantial circulation within the municipality. The notice shall be published not later than 20 days after the building official informs the applicant that the building, structure or part thereof is subject to delay. Such notice shall state the following: that an application has been filed for a demolition permit; the date of the filing of such application; the common name, if any; a photograph of the building, structure or part thereof to be demolished; the street address of the property upon which the proposed demolition is being sought; the name and address of the owner of said property; the proposed date of demolition; the age of the building, structure or part thereof to be demolished; and that unless written objection is filed with the Building Official within 30 days of publication of the notice, the permit may be issued after the expiration of such 90-day period. A copy of the published notice shall be submitted to the Building Department at the time of the application.
         (c)   Sign to be posted. The building official or his/her designee shall furnish the applicant with a notice of intent to demolish sign. The applicant shall post the sign in a conspicuous place on site that is viewable from a public street. The posting shall be done within 20 days following the filing of a permit request. The sign shall be posted for the entire 90-day period from the date of the demolition permit application.
   (E)   Delay of demolition notification list.
      (1)   The building official shall maintain a list of parties who have made a written request to receive notices of demolition permit applications relating to properties that are subject to a delay of demolition. In order to be included on said notification list, a request must contain the name and mailing address to which notices are to be sent. The notification list will remain in effect for one year commencing each January.
      (2)   The city plan department shall notify parties who have made a written request for notification under the preceding division by November 30 of each year that any party wishing to be included on said notification list for the following year must submit a written request to the building official before December 31.
      (3)   Whenever the building official determines that an application for a demolition permit meets the criteria of division (C)(2) above, the building official or his or her designee shall promptly cause notice of said application to be sent by United States mail to all parties on the notification list.
   (F)   Delay of demolition.
      (1)   If a written objection to the issuance of the demolition permit is filed with the building official by any individual, firm, corporation, organization or other entity within 30 days following publication or receipt of the legal notice as required pursuant to division (D) above, and if the building official determines that the building, structure or part thereof proposed to be demolished falls within the scope of division (C)(2) above, the building official, or his/her designee, shall delay the issuance of the
permit for a period of 90 days from the receipt of the application. If no objection to the demolition of the subject building, structure or part thereof, is filed within 30 days of said publication, the building official or his/her designee may issue the permit after the expiration of such 90-day period.
   (G)   Exemptions.
      (1)   This section shall not apply to a building, structure, or part thereof, if:
         (a)   An authorized federal, state or local official has ordered demolition because of a threat to public health or safety;
         (b)   Its demolition has been specifically considered and approved within the foregoing public procedures, which must include at least one public hearing, and an application must have been filed indicating that a specific notice of an intention to demolish was given; or
         (c)   It is a part of a project or planned development district containing a specific list of properties to be demolished, as approved by the Board of Aldermen, Zoning Commission, Zoning Board of Appeals, or City Plan Commission.
(Ord. passed 9-23-2019)