[HISTORY: Adopted by the Town Board of the Town of Athens 12-4-2006 by L.L. No.
3-2006. Amendments noted where applicable.]
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:
A.
Three hundred thousand dollars because of bodily injury to or death
of any one person.
B.
Five hundred thousand dollars because of bodily injury to or death
of two or more persons.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
