[HISTORY: Adopted by the Town Council of the Town of Plainville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 180.
[Adopted 3-7-2005]
Demolition shall mean any wrecking activity directed to disassembling,
dismantling, dismembering or razing any structure or building or part
thereof. Demolition shall not be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature which
does not involve a change in the appearance or design thereof, nor
to prevent the alteration of any such feature which is required by
public safety because of a condition which is unsafe or dangerous
due to deterioration.
With respect to any building, structure, or part thereof which
is 300 square feet in size or larger and at least 75 years old, or
included on the Town of Plainville's Historic Inventory list, or located
within any locally or federally designated historic district, or included
on the National Historic Register, no owner or occupant shall demolish
such building, structure or part thereof without first applying for
and obtaining a demolition permit from the local Building Official.
With respect to any application to demolish such building, structure, or part thereof as defined above in § 238-2, in addition to the applicant's complying with the provisions of the Code of Ordinances of the Town of Plainville, prior to the issuance of a demolition permit the local Building Official shall publish a legal notice of the filing of an application for a demolition permit in a daily newspaper having substantial circulation in the municipality. The notice shall be published within 10 days following the filing of the application. Such notice shall state the following: that an application for a demolition permit has been filed; the date of the filing of such application; the location of the property; the name of the owner of the property; and that unless written objection stating the nature of the objection is filed with the local Building Official within 15 days of the publication of the notice, the permit may be issued after the expiration of such 15 days.
With respect to any application to demolish such building, structure,
or part thereof, in addition to complying with the provisions of the
State Building Code and §§ 29-406 to 29-415 inclusive
of the Connecticut General Statutes, within 10 days following the
filing of the application for a demolition permit the applicant shall:
A.
Give written notice of intent to demolish, on a form to be furnished
by the local Building Official, to each adjoining property owner at
such owner's last address according to the Assessor's records of the
Town of Plainville, by certified mail, return receipt requested. Notice
to a condominium association alone shall be deemed notice to all owners
therein. The notice of intent to demolish shall state that an application
for a demolition permit has been filed; the date of the filing; the
location of the property; the name of the owner of the property; and
that unless written objection stating the nature of the objection
is filed with the local Building Official within 15 days of the publication
of the notice, the permit may be issued after the expiration of such
15 days. A copy of all return certified mail receipts shall be submitted
to the local Building Official before the demolition permit application
is considered complete.
B.
Give the same written notice that an application for a demolition
permit has been filed, on a form to be furnished by the local Building
Official, to any individual, firm, corporation, organization or other
entity concerned with the preservation of structures within the Town
of Plainville by certified mail, return receipt requested. To be entitled
to notification under this provision any such individual, firm, corporation,
organization or other entity shall register with the local Building
Official, indicating a desire to be notified of such demolition permit
applications, and such registration must be renewed annually each
January 1 following the initial registration.
C.
No later than the day following the filing of an application for
a demolition permit, post a "notice of intent to demolish" sign, which
shall be erected in a conspicuous place on the site, viewable from
a public street. The sign shall be at least four feet by four feet
in size and shall remain posted for 15 days. Said sign shall contain
the telephone number of the local Building Official.
D.
Submit to the local Building Official an affidavit attesting to compliance
with the notice requirements and a list of persons and organizations
noticed.
E.
Pay the cost of the legal notice in addition to the fees normally
required for a demolition permit not subject to this article.
If no written objection is filed with the local Building Official
within 15 days following publication of the legal notice as required
above, the local Building Official may issue the demolition permit
if all other requirements have been complied with and all fees paid.
If a written objection stating the nature of the objection to
the issuance of the demolition permit and stating possible alternatives
to the demolition is filed with the local Building Official by any
individual or party within 15 days following publication of the legal
notice as required above, the local Building Official shall delay
issuance of the demolition permit for a period of 90 days from the
date of the filing of the application. In the event that all objections
are withdrawn before the expiration of 90 days, the permit shall be
issued forthwith.
No delay of demolition shall be imposed pursuant to this article
on any person who has been ordered to demolish a structure by the
local Building Official or local Director of Health once the period
for the appeal of such order has expired.
A permit issued pursuant to this article shall remain valid
for one year from the date of issuance.
