[R.O. 2008 §540.010; Ord. No. 4959 §1, 3-11-1991]
It is hereby declared to be the intent of the City Council,
in the exercise of its police powers to protect the public health,
safety and welfare, to regulate the demolition of buildings in the
City.
[R.O. 2008 §540.020; Ord. No. 4959 §1, 3-11-1991]
For the purposes of this Chapter, the following words, terms
and phrases and their derivations shall have the meanings given herein,
unless the context otherwise indicates:
A building less than one thousand (1,000) square feet in
floor area and less than fifteen (15) feet high having no basement
and not used as a dwelling, the use of which is incidental and appurtenant
to the principal use of the lot on which it is located.
Any structure having a roof or partial roof and enclosed
within exterior walls or fire walls built, erected and framed of component
structural parts, designed for housing, shelter, enclosure and support
of persons, animals or property of any kind, including an accessory
building.
The Code Enforcement Officer or his/her duly authorized representative.
The Building Official of the City of Maryville.
The dismantling, tearing down, wrecking or razing of any
building or portion of a building for any reason whatsoever, whether
accomplished by mechanical methods, physical labor or any combination
thereof; however, demolition work shall not be construed to include
the removal or alteration of a non-bearing wall or partition of a
building.
The person or entity to which a license is issued pursuant
to the provisions of this Chapter.
The person or entity to which a permit is issued pursuant
to the provisions of this Chapter.
Any one (1) or more individuals, corporations, partnerships,
associations, labor organizations, firms or enterprises.
Any public right-of-way in the City, including but not limited
to streets, avenues, alleys, easements and any and all public property
owned or controlled by the City or public entities.
[R.O. 2008 §540.030; Ord. No. 4959 §1, 3-11-1991]
A.
It
shall be unlawful for any person to demolish or cause to be demolished
any building or portion of a building in the City without first registering
as a wrecking contractor with the City Clerk and obtaining a license
for demolition work from the City.
B.
Said
license shall be known as a License for Demolition Work and shall
not be assignable or transferable nor shall it be used by any person
other than the licensee or his/her employees, contractors or designated
representatives. Provided however, that this licensing requirement
shall not apply to the demolition of any one (1) story residential
building not of masonry construction or any accessory building, and
provided that said demolition work shall be done by the owner of record
of said building or accessory building, or by his/her family or employees.
C.
Upon
issuance of a license for demolition work, the applicant shall pay
a licensing fee, as designated by resolution of the City Council,
to the City Clerk. Said license shall be for a term of one (1) year
from the date of issuance.
D.
No
license shall be issued until the applicant has provided to the Code
Enforcement Officer sufficient evidence, as delineated in rules and
regulations adopted by the City, of the applicant's qualifications
for and experience in the demolition of buildings or in related work
or activities.
[R.O. 2008 §540.040; Ord. No. 4959 §1, 3-11-1991]
A.
It
shall be unlawful for any person to demolish or cause to be demolished
any building or portion of a building in the City without first obtaining
a permit therefor from the Code Enforcement Officer; provided however,
that this permit requirement shall not apply to the demolition of
any accessory building which is not connected to electric, gas, water,
sanitary sewer or other utility service lines.
B.
Such
permit shall be known as a "Permit for Demolition Work" and shall
not be assignable or transferable nor shall it be used by any person
other than the permittee or his/her employees, contractors, or designated
representatives.
C.
Permits
shall be issued only to those holding a valid, current license for
demolition work issued by the City or to those who are exempt from
the license requirement pursuant to this Section.
D.
A person
who has made arrangements for the demolition of a building by burning
by the Public Safety Department for training purposes shall not be
relieved from complying with the provisions of this Section.
[R.O. 2008 §540.050; Ord. No. 4959 §1, 3-11-1991]
A.
Any
person desiring a permit for demolition work shall file with the Code
Enforcement Officer an application therefor in writing on a form to
be furnished by the City for said purpose. Such application shall
specify the following:
1.
The name and address of the applicant;
2.
The name and address of the owner of the building to be demolished;
3.
The exact location of the building to be demolished;
4.
The character and size of the building to be demolished, including
its length, width and height;
5.
The principal materials of construction of the building;
6.
The type of equipment to be used for the proposed work, including
the use of explosives and the method of demolition;
7.
The estimated length of time required to do the proposed work;
8.
The necessity for any safety or other precautions to protect adjacent
properties, buildings or streets, including warning signs, lights
or structures to protect persons or property; and
9.
The date and time proposed for the initiation and completion of the
demolition work.
B.
Exception. The Code Enforcement Officer may require in addition
to the above information the following:
1.
Proof of permission by the owner to do the proposed work;
2.
A plot plan showing the location of the building on the property,
the lot lines of said property, all adjacent buildings, structures
and lots, all adjacent streets, and any structures in proximity to
the building to be demolished that may be affected by such demolition;
3.
Certification by an engineer certified by the State of Missouri that
demolition of the structure will not adversely affect the structural
integrity of adjacent structures or facilities.
[R.O. 2008 §540.060; Ord. No. 4959 §1, 3-11-1991]
Upon the filing of the application, the Code Enforcement Officer
shall cause an investigation to be made of the building to be demolished
and formulate a recommendation with respect to issuance of the permit.
[R.O. 2008 §540.070; Ord. No. 4959 §1, 3-11-1991]
No permit shall be issued to demolish any building or portion
thereof which, in the opinion of the Code Enforcement Officer after
investigation, is so located and is of such size or constructed of
such materials that its demolition will be likely to cause unreasonable
damage to public or private property; provided however, that if such
conditions or circumstances admit of practicable and effective resolution
which will adequately protect the public health and safety, the permit
may be issued upon the inclusion of such reasonable terms and conditions
on the permit.
[R.O. 2008 §540.080; Ord. No. 4959 §1, 3-11-1991]
A.
The
issuance of a permit may be granted subject to such terms and conditions
as may be deemed reasonable and proper to the end that such demolition
will not be materially detrimental or injurious to the public health,
safety or welfare or to public or private property and improvements.
Such terms and conditions may include:
1.
Measures to protect private property and persons, public property, streets and improvements which may be affected by such demolition pursuant to Section 540.090 herein;
2.
Measures to assure that any device or equipment such as scaffolds,
ladders, derricks, hoists or similar items, or explosives if they
are to be used, shall be constructed, operated or used in accordance
with City regulations, with adequate protection, and by adequately
trained personnel.
4.
Requirement that the permitted show evidence of liability insurance meeting the conditions set forth in Section 540.130 herein;
5.
Requirement that the permittee show approvals and/or releases in writing from any public or private utility that may be affected by such move in accordance with Section 540.140 herein;
6.
Such other terms and conditions as may be deemed appropriate by the
Code Enforcement Officer.
B.
Each
such condition must be satisfactorily complied with by the permittee
and the method of such compliance must be approved by the Code Enforcement
Officer, prior to the initiating (of) the proposed demolition.
[R.O. 2008 §540.090; Ord. No. 4959 §1, 3-11-1991]
A.
The
Code Enforcement Officer may require:
1.
That warning signs be conspicuously posted on or around the site
on which the building is to be demolished;
2.
That between sunset and sunrise adequate lights be provided to properly
protect persons and property from hazards of pits, excavations, fences,
barriers, equipment, building materials, or rubbish in, upon or near
a street or adjacent to private property;
3.
That public and private property be kept free of rubbish, waste or
other loose materials that may result from demolition;
4.
That any excavation or opening resulting from such demolition be
filled in, securely barricaded or fenced so as not to create a hazardous
or dangerous condition and properly and permanently drained so that
no water is left standing or likely to stand;
5.
That all material to be removed shall be wet sufficiently to lay
the dust incidental to its removal;
6.
That proof of extermination of any building at least ten (10) days
prior to its demolition be provided to the Code Enforcement Officer.
7.
That property owners adjoining or in the vicinity of the building
to be demolished and who may be affected by such demolition be notified
at least twenty-four (24) hours prior to such demolition;
8.
That the Public Safety Department be notified at least thirty-six
(36) but not more than forty-eight (48) hours prior to the demolition
so that adequate safety precautions can be provided and so that traffic
control and movement on adjacent streets can be facilitated or temporarily
restricted as necessary;
9.
That adequate, safe and protected walkways be provided around the
building demolition site if sidewalk use by the public will be restricted
or dangerous;
10.
That in cases of buildings of two (2) stories or more, a shed covering
shall be provided adjacent to such building for its full frontage
on any street over the area from the building line to the curb line,
except where such building is set back at least ten (10) feet from
the building line, such shed shall have an inside clearance of not
less than seven (7) feet and shall be properly lighted at night.
[R.O. 2008 §540.100; Ord. No. 4959 §1, 3-11-1991]
A.
Except
for the cutting of holes in floors for chutes through which to drop
materials, preparation of storage space, and other necessary preparatory
work, demolition of exterior walls and floor construction shall begin
at the top of the building and proceed, exterior walls and floor construction
shall begin at the top of the building and proceed downward and each
story of exterior wall and floor construction shall be removed or
dropped into the storage space before commencing demolition work on
the next lower story. This requirement shall not prohibit the demolition
of a structure in sections or in total by other methods, if after
review by the Code Enforcement Officer it is determined that such
other method is safe and that positive means are taken to prevent
injury to persons or damage to public or private property.
B.
No
materials shall be placed upon the floor of any building during demolition,
but shall be lowered to the ground or storage space immediately upon
displacement. Materials shall not be dropped by gravity to any point
lying outside the exterior walls of the building except through enclosed
chutes, unless there is sufficient distance to the property line so
that no adverse effect on such other property can occur. All floor
openings and shafts not used for material chutes shall be floored
over or enclosed with guardrails and toe boards. At least one (1)
stairway, however, shall be accessible as each floor is demolished.
[R.O. 2008 §540.110; Ord. No. 4959 §1, 3-11-1991]
A.
Prior
to the issuance of a permit, the owner of the property and building
which is to be demolished shall file with the City Clerk a bond or
other form of security or a cash deposit in favor of the City, conditioned
as follows:
1.
Such bond, other security or cash deposit shall be in principal amount
equal to the cost of the work proposed to be done, plus ten percent
(10%) thereof, and shall name the City as obligee, and shall be in
a form approved by the City Attorney.
2.
An extension of time for completion of the work required by this
Section may be granted by the Code Enforcement Officer when, in his/her
discretion, circumstances shall so justify, but no such extension
shall release any bond, security or cash deposit.
[R.O. 2008 §540.120; Ord. No. 4959 §1, 3-11-1991]
The applicant shall also deposit with the City Clerk a cash
deposit to cover the cost to the City, as estimated by the Code Enforcement
Officer, of trimming, moving, removing, or replanting or replacement
of trees or shrubs, and of moving, removing or displacing any pole
or other structure or equipment belonging to the City or the cutting,
displacing or changing of the location of any structure or equipment
belonging to the City as occasioned by the building demolition.
[R.O. 2008 §540.130; Ord. No. 4959 §1, 3-11-1991]
A.
Every
person demolishing a building or portion of a building except a one
(1) story building not of masonry construction or an accessory building
in the City shall file with the City Clerk one (1) of the following:
B.
In
any case, the insurance required under this Section shall insure the
person demolishing the building against loss from the liability imposed
by law for injury to, or death of, any person, or damage to any property
growing out of the demolition of such building to the amount or limit
of five hundred thousand dollars ($500,000.00) exclusive of interest
and costs, on account of injury to, or death of, any one (1) person,
and of one hundred thousand dollars ($100,000.00) for damage to property
of others resulting from demolishing any one (1) building.
C.
Such
insurance coverage shall indemnify the City and save it harmless against
any and all claims, demands or causes of action whatsoever which might
arise or accrue against it by reason of the granting of such permit
or the exercise of any privilege thereby conferred, and to repay all
damages which may be suffered by the City or by any other person by
reason of the exercise of the permit, including by way of illustration,
but not of limitation to, injury or damage to pavements, curbs, sidewalks,
poles, wires or trees.
[R.O. 2008 §540.140; Ord. No. 4959 §1, 3-11-1991]
A.
Prior
to the issuance of a permit, the applicant shall obtain written approval
from any public or private utility whose property will be moved or
distributed during the demolition process to the effect that such
demolition should be permitted, what conditions should be attached
to such permit to insure that the utility will be protected and that
its customers and the public will be safely and adequately served,
and what costs will be incurred by the utility in accommodating the
proposed demolition.
B.
The
City shall review and approve said written approvals and the permittee
shall be required to furnish the appropriate utilities with a bond,
surety or cash deposit equal to the estimated cost that will be incurred
by the utilities involved.
[R.O. 2008 §540.160; Ord. No. 4959 §1, 3-11-1991]
A.
All
electric, gas, water, steam, storm and sanitary sewers or other utility
service lines shall be shutoff and all such lines shall be either
cut, capped and/or disconnected outside the building line or property
line, as determined by the Code Enforcement Officer, prior to demolition.
B.
If
it is necessary to maintain any power, water or other utility lines
during demolition, such lines shall be temporarily relocated or protected
to the satisfaction of the utility involved and the Code Enforcement
Officer, and written approval for same shall be required.
[R.O. 2008 §540.170; Ord. No. 4959 §1, 3-11-1991]
The Code Enforcement Officer shall approve the issuance of a
permit when all of the necessary requirements and conditions of this
Chapter have been complied with. The work authorized by date of issuance
of the permit shall be commenced within one (1) month following the
date of issuance of the permit and shall be concluded within one (1)
month of the date of issuance of the permit; provided however, that
the actual time permitted for demolishing the building shall not exceed
three (3) calendar days. If the work is suspended or abandoned after
commencement or if the time limits set forth herein are not complied
with, the permit shall be deemed to have expired; provided however,
that an extension may be granted by the Code Enforcement Officer.
The Code Enforcement Officer may, at any time, for good and sufficient
cause, suspend or revoke any permit.
[R.O. 2008 §540.190; Ord. No. 4959 §1, 3-11-1991]
The Board of Code Appeals may suspend or waive or modify requirements of this Chapter in order to implement its intent and purpose without undue hardship or unnecessary requirements being imposed on applicants for permits for the demolition of buildings, so long as the public health, safety and welfare is guaranteed. A permittee or other person having an interest in the demolition of a building pursuant to this Chapter may request the suspension waiver or modification of the requirements of this Chapter to, or may appeal any decision of the Code Enforcement Officer to, the Board of Code Appeals pursuant to Title I, Chapter 110, Article III of the Municipal Code.
