[Adopted 5-27-1975 by Ord. No. 1057]
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DIVISION 1
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Generally
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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.
[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.
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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.
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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.
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.
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.
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.
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.
[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.
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.
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.
All moving of buildings or structures shall
be fully completed within 30 days from date of the issuance of a permit
under this article.
[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.
[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.
[1]
Editor's Note: Former § 9-264, Basement floor slabs to
be broken up, was repealed 12-1-2014 by Ord. No. 1930.
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.
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.
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DIVISION 2
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Wrecker's or Mover's License
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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.
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.
[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.
[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.
No license issued under this division shall
be assigned or transferred.
All licenses issued under this division shall
expire on December 31st of each year.
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.
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DIVISION 3
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Wrecking Permit
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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.
[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.
[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.
[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.
[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.
No permit issued under this division shall be
assigned or transferred.
[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.
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DIVISION 4
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Moving Permit
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[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]
[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).
[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.
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.
No permit issued under this division shall be
assigned or transferred.
