(a) No building in the City shall be intentionally demolished by or at the instance of its owner, unless owner (or his authorized agent, such authority to be evidenced in writing) shall have first obtained a demolition permit from the City Manager, or his designee, upon a form and in the manner prescribed by the City Manager.
(b) The City Manager or his designee shall require the following conditions to be satisfied by the applicant prior to issuance of the permit:
(1) Written notification to all public utilities having service lines or facilities in, over, under, or near the subject property, of the anticipated dates of demolition, and that the utility provider's assistance will be required to secure any affected utility lines or facilities.
(2) Purchase or maintenance of a casualty and liability insurance policy protecting and indemnifying the owner, his contractor or employees, the city, adjoining property owners, and members of the public from injury, loss of life, or property damage resulting from the anticipated demolition work, and delivery of a certificate of insurance evidencing such coverage.
(3) An annual license is required for the privilege of razing or demolishing houses or other businesses and structures. Any owner wishing to raze or demolish his own house or other business or structure without securing a license and paying a license fee may do so upon securing a permit from the City, and delivering a bond. No license or permit shall be issued until a bond in the penal sum of no less than ten thousand dollars ($10,000.00) is necessary to protect the City, he shall set forth in writing to the applicant the required amount of the bond and the reasons such higher amount is required. No license or permit shall be issued unless the required documents have been received and approved by the City which include the following: all signatures for disconnection for service; liability insurance or bond with the City of Wellsburg as additionally insured; letters to adjoining property owners (copies of letters and certified mail receipts to be submitted); and completed demolition permit application and fee.
(4) The applicant may be relieved of the requirements of subsection (b)(2) or (3) in the event of extreme financial hardship and upon approval of the Building Enforcement Agency following review of the condition of the subject property, the necessity for its prompt demolition, the financial circumstances given in support of the applicant's hardship and the likelihood of injury or damage to the public from the subject demolition.
(5) A permit fee shall be required based upon the cost of demolition and removal based upon the fee structure set forth in Section 1707.01(d), which shall be paid by the applicant. Issuance of the demolition permit shall be considered to be the equivalent of issuance of a building permit, as those terms are used and referenced in Section 731.14, for purposes of payment and collection of any business and occupation tax payable on account of the demolition work.
(c) Demolition shall be completed within thirty days from issuance of the permit; provided, for good cause shown, the City Manager may extend the completion period an additional thirty days. No further extension shall be granted, except with the approval of the Building Enforcement Agency.
(d) (1) A demolition shall be deemed completed when:
A. All utility services and lines have been properly secured in a manner acceptable to the utility provider; and
B. All visible debris and materials shall have been removed from the City; and
C. Any remaining cellar, basement or excavation shall have been filled with fill materials suitable for the intended future purpose of the site.
(2) Burying of construction debris which consists of structural lumber shall not be allowed on the demolition site.
(e) (1) Upon failure of the applicant to faithfully comply with the provisions of the demolition permit, the City Manager may declare a default, providing written notice thereof to the owner at his last given address. In the event such default is not cured within ten days of the date of mailing such notice of default, the City Manager may declare a forfeiture of the surety bond or cash bond and collect the proceeds thereof. Such proceeds shall be applied by the City toward completion of the demolition or to any costs or fees incurred in collecting such proceeds.
(2) The City may, but shall not be obligated merely by such forfeiture, to enter upon the subject property to complete the demolition, and the owner shall remain liable to the City for all reasonable costs, fees and expenses incurred thereby, including any deficiency after application of the forfeited bond proceeds. The City may record a lien for such deficiency against the subject property in the Office of the County Clerk, and may thereafter foreclose same in the manner provided by law for foreclosure of mechanics liens.
(f) Failure of the owner to faithfully comply with the provisions of this section and all conditions of the demolition permit, as extended or modified, shall be deemed a violation of this section, punishable upon conviction in a court of competent jurisdiction by a fine not to exceed five hundred dollars ($500.00), or imprisonment in jail for up to thirty days, or both. The penalties contained in this subsection shall be in addition to any civil remedies otherwise available, including, but not limited to, injunctive relief or bond forfeiture, assessment and collection of a deficiency.
(Ord. 2013-7-3. Passed 8-13-13.)