[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City 2-25-1982 by Ord. No. 1982-1. Amendments noted where
applicable.]
Before any existing building or structure or
part of any building or structure is demolished, a statement, in writing,
on appropriate blanks to be furnished by the Building Department,
shall be filed with the Building Department by the owner or the person
authorized by the owner, giving the full name and residence of each
of the owners of the buildings or structures to be demolished, the
name and address of the person or persons who are required to do the
work of demolition, a full description of the building or structure
to be demolished, a statement as to the time in which it is proposed
to start and complete the demolition, a statement as to the extent
of the demolition of the building or structure and such other information
as the Building Department may require.
All applications required by this chapter shall
be kept on file in the office of the Construction Code Official. Applications
shall be promptly docketed as received. For the purpose of identification
and reference, all such papers shall be marked with the block and
lot number of the property to which they apply and with the street
and house number when possible.
It shall be unlawful to demolish any building
or structure or any part of any building or structure unless and until
the application aforesaid shall have been filed and approved by the
Construction Code Official and a written permit issued by him. The
Construction Code Official shall approve or reject any applications
or amendments thereto filed with him pursuant to provisions of this
chapter within a reasonable time and, if approved, shall promptly
issue a permit therefor, upon payment of the fees as required by law.[1]
Every permit issued by the Construction Code
Official under the provisions of this chapter under which no work
is commenced within one month from the date of issuance shall expire
by its own limitation.
In all cases where buildings or structures are
to be totally demolished or torn down to grade level, topsoil shall
be stockpiled and respread, and said buildings or structures shall
be demolished or taken down to a depth of six inches below grade and
then filled with gravel and leveled off at grade.
[Amended 10-21-2021 by Ord. No. 13-2021]
Within one week after the removal or vacation
of the last tenant in any building that is contemplated being demolished
and prior to actual demolition, the applicant, owner or the person
in actual charge of said demolition shall provide for the elimination
and extermination of any vermin or rodents within such building, which
extermination shall be conducted by accepted practices such as spreading
poison under and in the building and fumigation, and provide signage
at least 48 hours prior to demolition at this location stating that
vermin or rodent poison will be used at this location on the specific
date of extermination.
In the performance of any work in the demolition
of all structures or buildings, all cellars and other depressions
shall be filled with clean earth, and all excess materials, such as
rubbish or debris, shall be removed from the site.
The applicant, or the person in charge of the
demolition of any building or structure, shall cap all sanitary house
material at the curbline with a plug. Sewer capping shall be completed
prior to the demolition, and water, gas, electric and telephone services,
including meters, shall be removed from the premises prior to demolition.
[Added 6-20-2019 by Ord.
No. 06-2019[1]]
A.
All demolition contractors, builders and construction contractors
who perform demolition activities in the City of Margate City must
either provide proof that a water truck will be utilized at any demolition
site or obtain a permit from the Water and Sewer Department for temporary
use of a hydrant. Fee shall be $50 for a temporary water meter for
the hydrant use. Proof of such permit must be provided in addition
to the current demolition permit requirements.
B.
Water must be sprayed during demolition to help control windblown
fine materials such as soil, concrete dust and paint chips. The amount
of water must be controlled so that runoff from the site does not
occur, yet dust control is achieved. To protect the stormwater drainage
system from runoff and loose particles, adjacent street gutters, sidewalks,
driveways and other paved surfaces in the immediate area of the demolition
must be swept daily to collect and properly dispose of loose debris
and garbage.
It shall be unlawful to demolish any buildings
or structures in whole or in part for the period commencing June 15
and ending September 15 in any year hereafter, except in case of emergencies
and then only by special permit issued at the discretion of the Construction
Code Official.
In the event that the demolition of buildings
or structures is not completed within the time or to the extent provided
for in the application, the Construction Code Official may serve a
written notice upon the owner or the contractor, or both, requiring
said person or persons to undertake and/or complete the demolition
of buildings or structures within the additional time permitted in
the notice and to the extent set forth in the application. Service
of said notice shall be made by serving same personally or by registered
mail, postage prepaid, return receipt requested, addressed to the
person or persons aforesaid at the addresses as may be shown on the
last tax duplicate. It shall be the duty of the owner or contractor,
or both, to complete the demolition within the time and to the extent
as required by the terms and provisions of this chapter.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any person who violates or fails or refuses
to comply with this chapter or any part or section thereof shall,
upon conviction in the Municipal Court of the City of Margate City,
be punished for each offense by a fine not to exceed $1,000 or by
imprisonment for any term not exceeding 90 days, or both. Every such
violation or refusal shall be deemed a separate violation, and each
day that the same shall continue shall be deemed a separate violation.
[Added 9-20-2012 by Ord.
No. 13-2012]
The Construction Official shall have jurisdiction regarding
the use, safety, and esthetics of all vacant lots created via demolition
under permits issued by the City of Margate City and, more specifically,
shall enforce and interpret the following requirements:
A.
After demolition of structures, the owner shall install a two-foot
plywood fence/barrier around the entire property line of the lot;
if there is any question about the exact location of this barrier
or its method of installation, the Construction Official shall provide
the determination.
B.
After six months, if an ongoing construction project has not commenced, the owner shall remove the fence, finish grade the property as per specification of the Construction Official, and either provide seed planting or sod installation of grass covering the entire site, and shall maintain same per the other subsections of this § 91-12.
C.
There shall be no storage of materials or dumping of any dirt, concrete,
stones or any other loose fill other than dirt to level a lot to average
grade. No vehicles or equipment may be stored on the lot, unless there
is a building permit issued and said vehicles are required for construction
under said permit.
D.
Should the existing sidewalk be removed or if it is in a hazardous
condition, the owner of the lot shall provide a temporary safe walkway
for pedestrian traffic to traverse the sidewalk area; the construction
material of this walkway shall be asphalt or other material to be
determined on a case-by-case basis by the Construction Official.
E.
The owner of the lot shall be responsible for the removal from the
lot of any debris, materials, animal droppings, etc., which, in the
opinion of the Construction Official, are a health, safety or esthetic
concern; weed or other vegetative growth shall be maintained at less
than six inches above grade.
F.
The provisions hereof shall pertain as well to curbside grass strips
if such strips exist.
