City of Kalamazoo, MI
Kalamazoo County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 5-27-1975 by Ord. No. 1057]
DIVISION 1
Generally

§ 9-251 (Reserved)

§ 9-252 Work to be done in safe and workmanlike manner.

§ 9-253 Barricades or fences.

§ 9-254 Protection of utilities; capping or plugging sewer lines.

§ 9-255 Operation of trucks and machinery.

§ 9-256 Payment to City for blocked parking meters.

§ 9-257 Replacement of damaged sidewalks.

§ 9-258 Removal and disposal of materials during wrecking and moving operations.

§ 9-259 On-site sale of materials during wrecking operations.

§ 9-260 Lighting required when moved building left on streets at night.

§ 9-261 Completion time for moving.

§ 9-262 Completion time for wrecking.

§ 9-263 Filling and leveling of premises.

§ 9-264 (Reserved)

§ 9-265 Burning on premises.

§ 9-266 Variances.

§ 9-267 (Reserved)

§ 9-268 (Reserved)

§ 9-269 (Reserved)

§ 9-270 (Reserved)

§ 9-271 (Reserved)

§ 9-272 (Reserved)

§ 9-273 Required.

§ 9-274 Application.

§ 9-275 Applicant's insurance.

§ 9-276 Fees.

§ 9-277 Assignment or transfer prohibited.

§ 9-278 Expiration.

§ 9-279 Revocation.

§ 9-280 (Reserved)

§ 9-281 (Reserved)

§ 9-282 (Reserved)

§ 9-283 (Reserved)

§ 9-284 (Reserved)

§ 9-285 (Reserved)

§ 9-286 Required; exception.

§ 9-287 Application.

§ 9-287.1 Applicant's cash deposit or bond.

§ 9-288 Qualifications of applicant.

§ 9-289 Fee.

§ 9-290 Assignment or transfer prohibited.

§ 9-291 Inspection.

§ 9-292 (Reserved)

§ 9-293 (Reserved)

§ 9-294 (Reserved)

§ 9-295 (Reserved)

§ 9-296 (Reserved)

§ 9-297 Required; applicant must be licensed mover in certain cases.

§ 9-298 Filing and contents of application; revocation or modification of permit.

§ 9-299 Approval of application; deposit to cover cost of services rendered by City.

§ 9-300 Fee.

§ 9-301 Building permit as prerequisite to issuance.

§ 9-302 Assignment or transfer prohibited.

§ 9-303 (Reserved)

§ 9-304 (Reserved)

§ 9-305 (Reserved)

§ 9-306 (Reserved)

§ 9-307 (Reserved)

§ 9-308 (Reserved)

§ 9-309 (Reserved)

§ 9-310 (Reserved)

§ 9-311 (Reserved)

§ 9-312 (Reserved)

§ 9-313 (Reserved)

§ 9-251 (Reserved)

§ 9-252 Work to be done in safe and workmanlike manner.

All wrecking and moving of buildings or structures shall be done in a safe, workmanlike manner. Willful or continued performance of work in an unsafe, shoddy, dangerous or unworkmanlike manner shall be cause for the revocation of a building wrecker's or mover's license and/or cancellation of the permit issued under this article.

§ 9-253 Barricades or fences.

[Amended 6-19-2006 by Ord. No. 1804]
A. 
During the wrecking of any building or structure, barricades shall be erected, as required by Chapter 33 of the Michigan Building Code adopted by § 9-22 of this chapter, unless specifically waived by the Building Division, when the following conditions exist:
(1) 
When wrecking any building or structure which is less than 15 feet from the property line.
(2) 
When wrecking any building or structure which exceeds one story in height and is more than 15 feet from the front property line and debris from demolition could fall onto public property.
Provided, however, when wrecking one- or two-family structures, a barricade, such as a snow fence or equivalent, may be erected in lieu of the requirements of said Chapter 33.
B. 
Immediately after the removal of first floor construction, a substantial fence or barricade, subject to the approval of the Building Official, shall be erected completely around the basement or cellar and shall be maintained until the filling and leveling off has been completed or new construction started.
C. 
When a building or structure is being moved, an adequate fence or barricade, such as a snow fence or equivalent, shall be erected completely around open basements or cellars, the same day the building or structure is moved off the foundation walls, and shall be maintained until the filling and leveling off has been completed or new construction started.
D. 
The use of foundation walls above grade for barricading is prohibited.

§ 9-254 Protection of utilities; capping or plugging sewer lines. [1]

Persons responsible for wrecking or moving operations pursuant to a permit issued under this article shall provide proper protection for all public utilities to prevent damage or interruption of service. Sewer lines shall be properly capped or plugged in accord with the requirements of the Public Works Department.
[1]
Editor's Note: See also Ch. 28, Wastewater Discharge Regulations and Enforcement Procedures.

§ 9-255 Operation of trucks and machinery.

Trucks and machinery used in connection with wrecking or moving operations under this article shall be operated in such a manner as not to create a traffic hazard and in accordance with any instructions or directions of the Police and Traffic Engineering Departments.

§ 9-256 Payment to City for blocked parking meters.

The person responsible for the wrecking or moving of any building or structure shall be required to pay the City Treasurer for any and all parking meters blocked off during the wrecking or moving operations.

§ 9-257 Replacement of damaged sidewalks.

Public sidewalks damaged by a building wrecker's or mover's equipment shall be promptly replaced at the wrecker's or mover's expense. Replacement sidewalks shall be constructed in accordance with sidewalk standards of the Department of Public Works.

§ 9-258 Removal and disposal of materials during wrecking and moving operations.

[Amended 4-6-1992 by Ord. No. 1529]
Materials shall be removed and disposed of systematically, as the building or structure is wrecked or moved, to prevent the creation of a fire hazard or danger to the public or interference with the use of public property.
A. 
It shall be the obligation of the wrecker or mover to cease operations immediately whenever any hazardous, dangerous, or unknown materials are encountered and to immediately notify the Building Official of the presence of such materials. Operations may resume once the Building Official has verified the proper removal of such materials.
B. 
It shall be the obligation of the wrecker or mover to provide or obtain suitable locations for the disposal of any debris resulting from the wrecking or moving operation and to notify the Building Official of those locations before such debris leaves the project site.
C. 
The premises on which a building or structure has been wrecked or from which it has been moved shall be cleared of all debris within 10 days after the wrecking or moving operation is completed.

§ 9-259 On-site sale of materials during wrecking operations.

Materials may be sold from the premises where a building is being wrecked only during the wrecking period. No materials shall be brought in for sale. Materials shall not be sold or stored on adjacent property or on the curb, lawn or other public property or property generally used by the public.

§ 9-260 Lighting required when moved building left on streets at night.

If, in the moving of a building or structure, it becomes necessary to leave the building or structure on the streets or other public thoroughfares after sundown, the mover shall be responsible for providing the necessary lighting of the building or structure and all equipment used in connection with the moving process, from sundown to sunrise, to protect the public.

§ 9-261 Completion time for moving.

All moving of buildings or structures shall be fully completed within 30 days from date of the issuance of a permit under this article.

§ 9-262 Completion time for wrecking.

[Amended 9-27-1976 by Ord. No. 1098; 12-4-1989 by Ord. No. 1479]
A. 
All work covered by a wrecking permit issued under this article shall be completed within the following time limits unless extended in the manner described in this section:
(1) 
Buildings whose total floor area, including basement or cellar, is not more than 2,500 square feet shall be completed within 45 calendar days from the date of issuance of the permit or the date specified for beginning work by the permit applicant at the time of permit issuance.
(2) 
Buildings whose total floor area, including basement or cellar, is over 2,500 square feet but less than 5,000 square feet shall be completed within 60 calendar days from the date of issuance of the permit or the date specified for beginning work by the permit applicant at the time of permit issuance.
(3) 
Buildings whose total floor area, including basement or cellar, is over 5,000 square feet shall be completed within 90 calendar days from the date of issuance of the permit or the date specified for beginning work by the permit applicant at the time of permit issuance.
B. 
The above time limits shall be extended for such time, not to exceed 14 days, as is expended by the permit holder in removing interior materials, without breaching the outer walls or roof or the security of the windows and doors. Further or other extensions of the above time limits shall not be granted except under circumstances beyond the control of the permit holder. Further extensions will be considered only upon receipt of a written request by the permit holder listing the amount of additional time required, together with the specific circumstances which are beyond his control which in his opinion justify the request. The written request shall be submitted to the buildings division no later than five days prior to the expiration date of the permit.
C. 
The Building Official shall review a written request for extension filed under Subsection B and, if he considers the request justified, shall have the authority of approving an extension of up to 30 days. An extension of time exceeding 30 days shall require the approval of the Building Board of Appeals.
D. 
Notwithstanding any other provisions of this section, the time limits for wrecking a building exceeding 300,000 square feet of floor area, including basement, may be established by the Building Board of Appeals. Upon application by the permit holder and his showing to the satisfaction of the Board that there has been diligent effort and progress toward completion of the work, the Board may extend the time limits so established.

§ 9-263 Filling and leveling of premises.

[Amended 4-6-1992 by Ord. No. 1529; 12-1-2014 by Ord. No. 1930]
A. 
The premises on which a building or structure is wrecked or from which it has been moved shall be filled and leveled within 10 days after the wrecking or moving operation is completed, except where the excavation is needed or desired for new construction on the premises and a building permit therefor has been applied for or issued. The ten-day period specified above may be extended by the Building Official, if inclement weather has prohibited the filling and leveling of the premises.
B. 
Before any fill shall commence, an inspection shall be called for and conducted which verifies that all materials have been removed, any utility lines have been suitably capped, and that any underground slabs have been removed.
C. 
There shall be no lath, wood, metal, or other organic matter used for fill in connection with the wrecking or moving of any building or structure.
D. 
It shall be the obligation of the building wrecker or mover to provide or obtain suitable locations for disposal of debris resulting from the wrecking or moving operation.
E. 
All building materials must be removed and replaced with clean fill to within six inches of final grade.
F. 
The final six inches of fill shall consist of top dirt neatly graded and seeded for acceptable ground cover.

§ 9-264 (Reserved) [1]

[1]
Editor's Note: Former § 9-264, Basement floor slabs to be broken up, was repealed 12-1-2014 by Ord. No. 1930.

§ 9-265 Burning on premises.

There shall be no burning on the premises where a building or structure is being wrecked or from which or to which a building or structure is being moved, without first obtaining permission from the Fire Department. If permission is obtained, all burning shall be done in strict accordance with the Fire Department regulations.

§ 9-266 Variances.

The Building Board of Appeals may grant variances to the provisions of this article in cases where there are unusual difficulties or unnecessary hardships, provided such variances will not adversely affect the general health, safety or welfare.

§ 9-267 (Reserved)

§ 9-268 (Reserved)

§ 9-269 (Reserved)

§ 9-270 (Reserved)

§ 9-271 (Reserved)

§ 9-272 (Reserved)

DIVISION 2
Wrecker's or Mover's License

§ 9-273 Required.

No person shall engage in the business of wrecking or moving buildings or other structures in the City, unless he has a current license so to do issued by the Building Division.

§ 9-274 Application.

Application for a license under this division shall be filed with the Building Division. Such application shall state the location of the registered or main office of the applicant; the location of any local office, and if a corporation, the names of the officers or persons owning the business, as well as the general manager and resident agent thereof. The application shall be accompanied by satisfactory evidence that the applicant has the necessary knowledge and experience to properly conduct wrecking or moving operations.

§ 9-275 Applicant's insurance.

[Amended 9-27-1976 by Ord. No. 1098; 4-24-1978 by Ord. No. 1131; 4-6-1992 by Ord. No. 1529]
A. 
Each applicant for a license under this division shall file with the Building Division a public liability policy, acceptable to the risk manager, insuring the applicant and the City, its agents, and its employees as an additional insured against any liability imposed by law upon the applicant or the City, arising out of the moving or wrecking of any building or structure. Such policy shall provide minimum coverage of $500,000 for bodily injury or death and $100,000 for property damage. Such policy shall also provide that it shall not be canceled unless 30 days' written notice is provided to the insured.
B. 
The cancellation or lapse of any insurance policy required by this section shall automatically cancel the license issued pursuant to this division and any permit issued under this article.

§ 9-276 Fees.

[Amended 6-19-2006 by Ord. No. 1804]
The annual fee for a building wrecker's license shall be $55, and the annual fee for a building mover's license shall be $35. The City Commission may by resolution modify these fees.

§ 9-277 Assignment or transfer prohibited.

No license issued under this division shall be assigned or transferred.

§ 9-278 Expiration.

All licenses issued under this division shall expire on December 31st of each year.

§ 9-279 Revocation.

The City Commission may revoke any license granted under this division for violation of this article or other ordinances regulating the wrecking or moving of buildings. No license shall be revoked by the City Commission without a hearing at which the licensee may appear in person or by counsel. The licensee shall be given at least 10 days' notice of the time and place of such hearing.

§ 9-280 (Reserved)

§ 9-281 (Reserved)

§ 9-282 (Reserved)

§ 9-283 (Reserved)

§ 9-284 (Reserved)

§ 9-285 (Reserved)

DIVISION 3
Wrecking Permit

§ 9-286 Required; exception.

Before any person shall commence any wrecking of a building or structure within the City, he shall obtain a permit therefor from the Building Division; provided, however, a wrecking permit shall not be required for minor work incidental to or in connection with the repair or alteration of a building or structure for which a building permit has been issued.

§ 9-287 Application.

[Amended 5-8-1978 by Ord. No. 1132; 4-6-1992 by Ord. No. 1529; 12-20-1999 by Ord. No. 1691]
A. 
Except for those structures determined to be a dangerous building, an application for a wrecking permit shall be filed with the City no less than 30 working days before demolition is scheduled to commence and shall contain the following information:
(1) 
The street number, property description, type of building or structure, type of construction, width, length and number of stories.
(2) 
The number of dwelling units within the structure, when totally or partially residential.
(3) 
The names of all owners of the premises.
(4) 
Written consent to the wrecking by all owners.
(5) 
Utility notification information.
(6) 
Completion date of the wrecking.
(7) 
A complete list of any and all substances stored or used on the premises which are, or may become, injurious to the public health or safety.
(8) 
A complete description of any barrels, tanks, vats or other containers and their location on the premises or underground. Said description shall include a statement of the substances which are or were stored in said containers.
(9) 
Such other information as may be listed on the application and as the Building Official shall deem necessary.
B. 
Any or all of the above information will be published in the legal notices of the local newspaper.

§ 9-287.1 Applicant's cash deposit or bond.

[Amended 9-27-1976 by Ord. No. 1098; 6-19-2006 by Ord. No. 1804]
The Building Official may require that each application for a wrecking permit, other than incident to a City demolition contract, be accompanied by a cash deposit, certified check or performance bond in a form acceptable to the City Attorney, and in an amount deemed by the Building Official to be sufficient to permit the City to complete the wrecking and restore the site in the event the permittee should fail to do so within the period of the permit or an authorized extension thereof.

§ 9-288 Qualifications of applicant.

[Amended 9-27-1976 by Ord. No. 1098]
A. 
Wrecking permits may be issued only to persons who are currently licensed as wreckers under Division 2 of this article or to property owners, as authorized by Subsection B below.
B. 
A wrecking permit may be issued to the owner of property to wreck or demolish a building or structure owned by him, not exceeding three stories above ground level.

§ 9-289 Fee.

[Amended 6-19-2006 by Ord. No. 1804]
The fee for a wrecking permit shall be such as is prescribed by resolution of the City Commission and shall be paid at the time the permit application is filed. An investigation fee, not to exceed the amount of the fee for the wrecking permit, may be charged in the event that wrecking operations begin before issuance of the permit by the City.

§ 9-290 Assignment or transfer prohibited.

No permit issued under this division shall be assigned or transferred.

§ 9-291 Inspection.

[Amended 6-19-2006 by Ord. No. 1804]
A. 
Before a wrecking permit shall be issued, an inspection of the premises shall be made by the Building Official and such other City officials as may be appropriate to determine whether any substance that could endanger public health or safety is stored or used on the premises.
B. 
The inspection shall include, but is not limited to, visual observations, sampling of substances, and use of oxygen and combustion-explosion meters to determine the presence of any of the aforementioned substances.
C. 
If any substance which is or may become injurious to the public health or safety is discovered during said inspection, the Building Division shall refer the applicant to the appropriate department of the State of Michigan for proper removal or disposal methods and may require specific procedures for the disposal of such substances as a condition of the wrecking permit.

§ 9-292 (Reserved)

§ 9-293 (Reserved)

§ 9-294 (Reserved)

§ 9-295 (Reserved)

§ 9-296 (Reserved)

DIVISION 4
Moving Permit

§ 9-297 Required; applicant must be licensed mover in certain cases.

A. 
Before any person shall commence moving a building or structure, he shall obtain a permit from the Building Division.
B. 
Only persons who are currently licensed as movers under Division 2 of this article shall be issued permits to move buildings or structures on public property.

§ 9-298 Filing and contents of application; revocation or modification of permit.

[Amended 8-21-2000 by Ord. No. 1706]
A. 
Application for a moving permit shall be filed with the Building Division, or such division or department as the City Manager may designate, at least 30 days before the moving, and shall contain the following information:
(1) 
The street number, property description and names of all owners of the premises from which the building or structure is to be moved.
(2) 
The property description and street number to which the building or structure is to be moved, when located within the City limits.
(3) 
The names of all owners of the property to which the building or structure is to be moved, when the property is within the City limits.
(4) 
The names of all owners of the structure to be moved, if different from the names of owners of the premises.
(5) 
A detailed description of the route to be used.
(6) 
The date and time of moving.
(7) 
Written consent to the moving by all owners.
(8) 
The width, length, height, when loaded, and type of construction of the building. The height measurement shall be from the ground to the highest portion of the building or structure after being loaded.
(9) 
Such other information as the Building Official may deem necessary, including information required by the City's policy for Relocation of Structures. A copy of the policy shall be provided to any applicant.
[Amended 6-19-2006 by Ord. No. 1804]
B. 
The City may at any time prior to or during the relocation of any structure revoke a permit issued under this division to prevent immediate or apparent peril to persons or property. The City may also modify the permit if it determines that the modifications are necessary to protect the public health and welfare.
[Added 6-19-2006 by Ord. No. 1804]

§ 9-299 Approval of application; deposit to cover cost of services rendered by City.

[Amended 8-21-2000 by Ord. No. 1706; 6-19-2006 by Ord. No. 1804]
The application for a permit under this division must be approved by the Building Official the Department of Public Safety, and such other departments as the City Manager may require, and in accordance with the City's policy for Relocation of Structures. Such departments may impose reasonable requirements for the moving and may also require a reasonable deposit to be made with the City at the time the application is made to cover the cost of services rendered by the City during the moving operation. Such deposit shall not be construed as a maximum charge for such service(s).

§ 9-300 Fee.

[Amended 6-19-2006 by Ord. No. 1804]
The fee for a moving permit shall be such as is prescribed by resolution of the City Commission and shall be paid at the time the permit application is filed. An investigation fee not to exceed the amount of the original fee shall be charged if the moving is commenced prior to issuance of the permit.

§ 9-301 Building permit as prerequisite to issuance.

No moving permit shall be issued until a building permit has been issued for the new location, if within the City limits. The building permit shall include a plot plan and all alterations and improvements contemplated.

§ 9-302 Assignment or transfer prohibited.

No permit issued under this division shall be assigned or transferred.

§ 9-303 (Reserved)

§ 9-304 (Reserved)

§ 9-305 (Reserved)

§ 9-306 (Reserved)

§ 9-307 (Reserved)

§ 9-308 (Reserved)

§ 9-309 (Reserved)

§ 9-310 (Reserved)

§ 9-311 (Reserved)

§ 9-312 (Reserved)

§ 9-313 (Reserved)