CHAPTER 1357

Demolition of Structures

1357.01 Definitions.
1357.02 License and permit required.
1357.03 Application; fees.
1357.04 Insurance.
1357.05 Demolition permit.
1357.06 Issuance of permit.
1357.07 Permit fees.
1357.08 Notice and prosecution of work.
1357.09 Completion.
1357.10 Reconciliation with other codes.
1357.11 Noncompletion.
1357.12 Permit compliance.
1357.13 Exceptions.
1357.14 On-site burning.
1357.99 Penalty.

CROSS REFERENCES

Removal of unsafe buildings - see Ohio R.C. 715.26 et seq.
Unsafe structures - see BLDG. Ch. 1341


1357.01 DEFINITIONS.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them, unless the context clearly requires otherwise:

(a) "Demolish" or "demolition" means the tearing down or removal so as to require reassembly as new construction, if rebuilt, of any building or structure permanently affixed to the soil whose original construction cost was five hundred dollars ($500.00) or more.

(b) "Original construction cost" means the fair market value of the building or structure at the time of its original construction.

(c) "Permanently affixed to the soil" means construction or erection so designed as to not anticipate removal from the original site during the reasonable life of the building or structure.

(d) "Person" includes an individual, partnership, firm, association or corporation.
(Ord. 96-16. Passed 8-5-96.)


1357.02 LICENSE AND PERMIT REQUIRED.
No person nor any employee of such person shall demolish or undertake to demolish or represent himself as having the capability of demolishing any building or other construction unless he has been licensed as a demolition contractor, and no person shall demolish or undertake to demolish any building or other structure unless he has secured or caused to be secured a permit for such demolition under the provisions of this chapter.
(Ord. 96-16. Passed 8-5-96.)


1357.03 APPLICATION; FEES.
Application for a demolition contractor?s license shall be made to the Safety Department. The fee upon original application for a demolition contractor?s license is twenty-five dollars ($25.00), and the license shall be valid for one calendar year. If the license is renewed prior to its expiration, the renewal fee is also twenty-five dollars ($25.00) per year.
(Ord. 96-16. Passed 8-5-96.)


1357.04 INSURANCE.

Prior to engaging in any demolition operations, a demolition contractor shall have on file with the Service Department evidence that he has current comprehensive liability insurance at not less than the following limits:

(a)    Bodily Injury Liability:

$50,000 - each person

$300,000 - each accident.

(b)    Property Damage Liability (except automobile).

$100,000 - each accident.


(Ord. 96-16. Passed 8-5-96.)


1357.05 DEMOLITION PERMIT.
Application by any person for a demolition permit shall be in the form prescribed by, and filed with, the Service Department. Such application shall describe the demolition to be accomplished and shall designate the manner, method and equipment to be used. Application shall be made by the owner or the contractor employed to conduct such demolition, or the agent of either; unless made by the owner, the applicant shall evidence his authority to make application by means of a duly verified affidavit of the owner. The application shall indicate the date upon which the demolition is intended to begin and the probable date of completion thereof.
(Ord. 96-16. Passed 8-5-96.)


1357.06 ISSUANCE OF PERMIT.
Prior to issuance of the permit, the Service Department shall determine that the proposed method of demolition is in accordance with good engineering practices: that the contractor or owner has the necessary and proper means and equipment to accomplish the demolition in accordance with the manner, method and equipment specified in the application; and that the demolition contractor has filed the evidence of insurance required herein. Upon each determination and the payment of the permit fees, the Service Department shall issue the permit.
(Ord. 96-16. Passed 8-5-96.)


1357.07 PERMIT FEES.
The fees for demolition permits shall be at the rate of twenty-five dollars ($25.00) per structure plus, in the case of buildings, ten cents ($.10) for each one hundred square feet of floor surface, not including basements or cellar floor areas, measuring the outside dimensions of the building at each floor level applicable.
(Ord. 96-16. Passed 8-5-96.)


1357.08 NOTICE AND PROSECUTION OF WORK.
The contractor or owner shall give the Service Department twenty-four hours notice before commencing demolition work under any permit. He shall carry out the work in an orderly manner and without unnecessary delay. The Safety Director may require a temporary cessation of any demolition work during rush hours or at other times when such work requires use of public rights of way and continuation thereof would be especially hazardous. All water meters and remotes will be removed and returned to the City prior to demolition.
(Ord. 96-16. Passed 8-5-96.)


1357.09 COMPLETION.
Demolition of any building or structure under any permit shall not be considered complete until:

(a) The contractor or resident-owner has removed all lumber, rubble and other building or structural materials and debris from the premises, or, at the owner?s request, has piled it neatly upon the premises in such a manner as not to constitute a public nuisance, hazard or possible rodent harborage;

(b) The contractor or resident-owner has broken and removed all foundations or slabs (to not less than one foot below the ground surface) and shall have filled all basements, trenches or other depressions with compacted earth, graded neatly to existing ground level, unless a building permit shall have been issued for a structure which will make use of the foundation or slab remaining after demolition; and

(c) The Service Department has issued to the contractor or resident-owner a certificate of final inspection, which certificate shall be issued when the provisions of this section have been satisfied.
(Ord. 96-16. Passed 8-5-96.)


1357.10 RECONCILIATION WITH OTHER CODES.

(a) The provisions of this chapter shall not be construed so as to permit a violation of the Zoning Code, Housing Code or other ordinances of the City.

(b) Notwithstanding the provisions of the Zoning Code or any other ordinance of the City as pertains to the valid period of a building permit, any building permit secured which will make use of the foundation or slab referred to above shall require the beginnings of construction within thirty days of its issuance. All openings at or below grade shall be barricaded and protected with warning devices.
(Ord. 96-16. Passed 8-5-96.)


1357.11 NONCOMPLETION.
It shall be a violation of this chapter for any person to fail to comply with the provisions of this chapter within three days after a structure or building has been demolished.
(Ord. 96-16. Passed 8-5-96.)


1357.12 PERMIT COMPLIANCE.
No person shall demolish a building or structure other than in accordance with the method of demolition set forth in an approved application for a demolition permit.
(Ord. 96-16. Passed 8-5-96.)


1357.13 EXCEPTIONS.

The provisions of this chapter which require the holding of a demolition contractor?s license and the filing of evidence of liability insurance coverage shall not be applicable to the owner of any parcel or land desiring to demolish any building or structure which is situated upon the parcel of land being occupied as the residence of such owner, and when the demolition is to be executed personally by such owner.


Such resident-owner shall otherwise comply with all of the requirements of this chapter as though he were a duly licensed demolition contractor.
(Ord. 96-16. Passed 8-5-96.)


1357.14 ON-SITE BURNING.
No person shall burn any of the lumber, rubble, debris or other building or structural materials created by the demolition of any building or structure on the site of such demolition.
(Ord. 96-16. Passed 8-5-96.)


1357.99 PENALTY.

(a) Whoever violates any provision of this chapter shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six months, or both.

(b) Each day of any violation of any provision of this chapter shall be punishable as a separate offense.

(c) In addition to any other penalties provided for violations of this chapter, the Service Department shall have the right to suspend or revoke any demolition contractor?s license or any demolition permit issued under this chapter. Appeal and review of such revocation shall be in accordance with the review provided in the Zoning Code.
(Ord. 96-16. Passed 8-5-96.)


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