Town of Athens, NY
Greene County
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[HISTORY: Adopted by the Town Board of the Town of Athens 12-4-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 92.
Unsafe buildings — See Ch. 93.
Subdivision of land — See Ch. 154.
Zoning — See Ch. 180.
On or after the effective date of this chapter, no person shall demolish or cause to be demolished any building or other structure within the Town of Athens, outside the Village of Athens, without first obtaining a written demolition permit from the Code Enforcement Officer of the Town of Athens.
Prior to the issuance of a demolition permit, a certificate of insurance for liability shall be given to the Code Enforcement Officer of the Town of Athens. The certificate of insurance shall name the Town of Athens as an additional insured. The limits of said liability for the demolition of buildings and structures shall be in the amounts as follows:
Three hundred thousand dollars because of bodily injury to or death of any one person.
Five hundred thousand dollars because of bodily injury to or death of two or more persons.
Fifty thousand dollars because of damage to or destruction of property caused by any one accident resulting from said demolition.
[Amended 5-5-2014 by L.L. No. 3-2014]
The fees for the issuing of a demolition permit shall be set from time to time by resolution of the Town Board.
The person making an application to obtain a demolition permit shall obtain, before permit issuance, a letter of approval from the Code Enforcement Officer regarding extermination. The applicant will be issued a barricade permit; then he will erect an approved system of barricades, have the electric, gas and telephone services disconnected by the respective utility companies and shall be required to disconnect and cap the water service at the main and shall plug the sewer laterals or laterals at the structure foundation. All utilities, including electric, gas, telephone, water and sewer, shall be marked at the curb or road at the entry of same to the property. All necessary permits shall be obtained from the Highway Superintendent. Then an inspection will be made, and if the applicant completed the above-mentioned items in accordance with this chapter, the Code Enforcement Officer will issue a demolition permit.
The contractor shall obtain sufficient water for use on the site for dust control and have sufficient lengths of one-and-one-half-inch and/or two-and-one-half-inch hose for this purpose. The contractor shall provide a flag person for traffic control, when necessary, and should a street have to be closed, he shall obtain permission from the Highway Superintendent and notify the Fire Chief.
In cases of the demolition of an existing building which has a common or party wall with one or more adjoining buildings, the owner of the building to be demolished shall be responsible for and bear all costs in relation to the safeguard of said adjacent wall.
Where beams, girders and joists are removed from party walls, these pockets shall be cleaned out and filled with solid masonary. Necessary repairs shall be made to put the party wall in a safe condition. This work shall be done by the contractor at the expense of the property owner having said demolition performed.
Where such demolition work is to be made and no immediate new construction is intended at the site, the adjacent wall, whether of the party type or otherwise, shall be left in an acceptable condition as far as appearance is concerned. In addition to the repair of all joists, pockets and similar openings, the owner of the demolished building will be required to remove all old plaster, wallpaper and other decorative material in addition to any loose wood, trim or other material, all subject to the approval of the Code Enforcement Officer.
In the case of the demolition of an existing building in which the removal of the building endangers the adjoining structure (and there is no party wall), it shall be the responsibility of the owner of the adjoining building to protect his property.
During the demolition work, debris must be systematically removed from the site and not allowed to pile up and cause any obstruction. Debris removed from the demolition work shall only be deposited at a site approved by the Highway Superintendent and Code Enforcement Officer. In all cases, it shall be the responsibility of the contractor to locate an approved site.
When the buildings to be demolished contain a cellar or basement, the contractor shall remove all debris and organic material from the cellar or basement and then break up and/or perforate the cellar floor. The bearing or foundation wall shall be removed to a depth of 24 inches below the present grade or 24 inches below any future grade to be established. The material resulting from the cellar or foundation wall demolition may remain in the excavation, provided that the material is crushed and compacted.
Where there is no cellar or basement, the bearing or foundation wall shall be removed to a depth of 24 inches below the present grade or 24 inches below any future grade to be established.
The Code Enforcement Officer of the Town of Athens shall inspect the demolition of any building or structure in the Town of Athens daily and shall be empowered to halt any such demolition that in the judgment of the Code Enforcement Officer is not being performed in a safe and sanitary manner.
Immediately after said demolition, the Code Enforcement Officer shall notify the Town Clerk, in writing, that said structure or building has been demolished.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A demolition permit shall be effective for 60 days from the date of issuance. In the event demolition is not completed within said time period, application for a sixty-day renewal shall be made to the Code Enforcement Officer. The fees due for the renewal shall be in the same amounts as for the issuance of the initial demolition permit.