18.02.108.1 - Demolition of building or structure.
The purpose of this section is to assure greater public safety during demolition activities by establishing the process and setting forth the requirements for obtaining a demolition permit, establishing requirements for demolition including notification to adjacent property owners when applicable and encouraging the salvage and/or recycling of materials. City-ordered demolitions shall be exempt from the requirements of this section.
A. Definitions.
1. Deconstruction means the process of systematically dismantling a structure or portion of a structure in an environmentally, economically and socially responsible manner, aiming to maximize the recovery of materials for reuse and recycling.
2. Demolition means the deconstructing, destroying, razing, tearing down, alteration or wrecking of any structure or removal of any load-supporting structural member of a building or structure together with any related handling operations.
B. Permit required.
1. A demolition permit shall be required before any person proceeds with any of the following activities/work:
2. Level I. The demolition or partial demolition of a single family, duplex, triplex, quadruplex or commercial building under five thousand square feet of the gross floor area being demolished.
3. Level II. The demolition or partial demolition of a commercial building greater than five thousand square feet but less than ten thousand square feet of the gross floor area being demolished.
4. Level III. The demolition or partial demolition of a commercial building greater than ten thousand square feet of the gross floor area being demolished.
C. Fees.
1. A person obtaining a level I demolition permit shall pay the established fee.
2. A person obtaining a level II demolition permit shall pay two hundred percent of the established permit fee.
3. A person obtaining a level III demolition permit shall pay three hundred percent of the established permit fee.
D. Duration.
A demolition permit shall be valid for a consecutive ninety-day period. Every permit issued shall expire under any of the following circumstances:
1. The work authorized by such permit is not commenced within three months from the issue date of the permit;
2. The work authorized by such permit is suspended or abandoned for a period of three months after the time the work is commenced;
3. The permit applicant fails to call for and receive an inspection for any period of three months.
4. Upon completion and successful final inspection of the work authorized by such permit.
5. A permittee holding an unexpired permit may apply for one extension of time for a period of not more than one ninety-day period; provided that the request for extension is made in writing prior to the expiration of the current permit, such extension authorizations shall be made in writing to the building official. There shall be no fee for the extension of an unexpired permit.
6. A completion permit may be obtained for an expired permit within six months of the date of expiration of the original permit. The cost of the completion permit shall be equal to one half the established fees required for a new permit for such work.
E. Application requirements.
1. Emergency demolition. Emergency demolition will be permitted upon provision of:
a. A fire assessment from the fire marshal's office;
b. A structural engineer's assessment of imminent hazard approved by the building official;
c. Court order; or
d. Upon a determination made by the building official pursuant to International Building Code Section 116.1 that the structure or equipment is unsafe and must be taken down and removed or made safe.
Exception: Historic landmark commission approval is not required for a designated structure when ordered by the building and standards commission, or declaration of imminent hazard by the fire marshal or building official.
2. Standard demolition. The applicant shall provide a demolition plan
3. Complete and interior demolition. The applicant shall provide:
a. Scaled survey or site of property clearly labeling limits of proposed demolition.
b. Scaled floor plan of structure clearly labeling area(s) of existing structure.
c. Proposed demolition and/or removal and replacement of materials.
d. Hazardous material/asbestos remediation report.
e. Proof of utility disconnections.
f. Proof of ownership, title deed and/or warranty deed or notarized letter from property owner authorizing demolition.
F. Demolition of property within the Downtown Plan Area.
1. If the property to be demolished is located within a historic district or is a landmark, approval for demolition from the historic landmark commission is required prior to the issuance of a demolition permit and all other application requirements of Section 18.02.108.1E. shall be followed.
Exception: Historic landmark commission approval is not required for a designated structure when ordered by the building and standards commission, or declaration of imminent hazard by the fire marshal or building official.
2. If the property to be demolished is within the Downtown Plan Area, the applicant will be required prior to demolition to:
a. Provide for as-built drawings or photo-documentation.
b. Provide proof of notices sent: If the proposed building to be demolished is three stories or less, the applicant shall provide copies of certified letters to all adjacent property owners and businesses notifying them of the proposed demolition and approximate schedule of events. If the proposed demolition is for a commercial or industrial structure or a residential structure four stories or more, all property owners and business within three hundred feet shall be notified. If the proposed building to be demolished shares a common wall with another building(s) the applicant shall submit a sealed structural engineer's report that verifies that the proposed demolition will not adversely impact adjoining structures.
G. Additional provisions.
1. No wall, chimney or other structural part shall be left at the end of each shift in such condition that it may collapse due to wind, vibration or other cause.
2. Upon the completion of demolition operations, the site shall be completely cleared of rubbish, brush, weeds and other debris. The site must be left free of ponds/ponding areas.
3. Footings/foundations, basement/surface slabs, septic tanks, wells, cesspools, and cisterns shall be completely removed.
Exception: Footings, foundations, basement walls may remain provided that:
a. The site is properly secured by appropriate fencing.
b. Plans sealed by a design professional are submitted at the time of proposed new construction using existing footings, foundations, or basement walls.
c. The plans provide an engineering analysis stating that the footing/foundations are structurally adequate for the intended new structure.
d. An engineering inspection report indicating that the original footings/foundation or other structures that will be utilized have not been disturbed, structurally impaired and/or impacted by the demolition.
4. The applicant shall coordinate with applicable city departments for the blocking of walkways, thoroughfares and alleys to protect the public.
H. Final site preparation/security.
1. The site must be left ready for new construction. All underground utilities, footings, foundations, vaults, basements, etc., must be removed and clean fill must be used to return the site/lot to its original and/or otherwise appropriate elevation consistent with adjoining lots and/or public improvements.
Exception: Footings, foundations, basement walls may remain provided that:
a. The site is properly secured by appropriate fencing.
b. Plans sealed by a design professional are submitted at the time of proposed new construction using existing footings, foundations, or basement walls.
c. The plans provide an engineering analysis stating that the footing/foundations are structurally adequate for the intended new structure,
d. An engineering inspection report indicating that the original footings/foundation or other structures that will be utilized have not been disturbed, structurally impaired and/or impacted by the demolition.
2. Contractor shall return all public improvements to their original and/or improved condition(s).
(Ord. No. 019528, § 1, 8-1-2023)
