[G.O. No. 1386, § I; G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
The demolition of any structure or building within the Town of Westfield shall require a permit from the Zoning Official of the Town of Westfield. For purposes of this Article IA, the term "demolition" shall be defined as the removal, destruction or demolition of more than 75% of the area or volume, whichever is more restrictive, of the whole building or structure at the time of the partial demolition. In the event of doubt as to whether the proposed action to the building or structure is a demolition within the meaning of this article, the decision of the Zoning Official shall be final, but may be appealed to the Zoning Board of Adjustment.
[G.O. No. 1386, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
(a) 
A person seeking a permit to demolish a building or structure within the Town of Westfield shall first apply for such permit at the office of the Zoning Official of the Town, and said application shall be on forms provided by the Zoning Official. Such application shall require the following information:
(1) 
Name and address of the owner of the building or structure;
(2) 
The name and address of the contractor who will demolish the building or structure;
(3) 
A statement as to the liability insurance coverage of said contractor for said work which shall be in a minimum amount of $300,000, which shall set forth amount of coverage, insurance company and insurance agent;
(4) 
The written consent of the owner of the property and any mortgagees who may hold a mortgage on the property to demolish the building or structure;
(5) 
Proof that the taxes on the property are current.
(b) 
The Zoning Official shall determine compliance with requirements of this article for obtaining a permit to demolish.
[G.O. No. 1386, § I; G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
(a) 
The following requirements must be met before a permit shall be approved by the Construction Official:
(1) 
A copy of the demolition approval issued by the Zoning Official dated no more than 30 days prior to the application for a Uniform Construction Code permit for demolition;
(2) 
All fees required by this chapter are paid;
(3) 
Statements from the utilities supplying telephone, cable television, electricity, water and gas that these utilities have been disconnected from the structure or building at the street line;
(4) 
Inspection by the Fire Subcode Official and/or Fire Prevention Officer of the Town of Westfield to determine that all flammable, explosive, toxic, or otherwise hazardous materials have been removed from the building or structure and certification by him that the building or structure is free of such flammable, explosive, toxic or otherwise hazardous materials and safe to demolish. By requesting a permit, the applicant authorizes inspection of the interior and exterior of the premises;
(5) 
Proof satisfactory to the Construction Official that provisions have been made to remove all debris and fill any excavation below grade level which remains as a result of the demolition with clean fill;
(6) 
Proof of compliance with all applicable provisions of the Town Code;
(7) 
Proof that rodent baiting has been done at the property for at least seven days;
(8) 
Abestos.
a. 
Submission of an appropriate certification from a licensed asbestos contractor following an inspection of the building or structure certifying that no asbestos is located at, on or in any building or structure located on the property; or
b. 
Submission of an appropriate certification from a licensed asbestos contractor that any asbestos located at, on, or in any building or structure located on the property has been removed and disposed of in accordance with all applicable federal, state and local laws and regulations.
(b) 
A copy of any such demolition permit approval issued by the Construction Official shall be sent to the Town Administrator on a monthly basis.
[G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
(a) 
Following approval of a person's application to demolish a building or structure within the Town of Westfield, the owner of the property or an authorized agent of the owner shall provide notice in the manner set forth herein.
(b) 
The owner of the property for which a demolition approval has been granted shall provide to each owner of lots adjoining the subject property and to the owners of wired or other facilities, the temporary removal of which may be necessitated by the proposed work, notice that a demolition approval has been approved by the Zoning Official.
(c) 
The notice shall contain the following information:
(1) 
The date of the approval of the demolition.
(2) 
Contact information for the owner of the property and the contractor to perform the demolition, including name, address and telephone number and cellular telephone information, if any.
(3) 
The estimated date of the demolition of the building or structure on the property.
(d) 
Notice to adjoining property owners shall be given at least three business days prior to the proposed demolition by:
(1) 
Serving a copy thereof on the adjoining property owner as reflected in the current records of the Tax Assessor of the Town; or
(2) 
Mailing a copy thereof by certified mail to the adjoining property owner at his address as reflected in the current records of the Tax Assessor of the Town.
(e) 
The owner or his authorized agent shall file an affidavit of proof of service of the notice required by this section with the Construction Official.
(f) 
Demolitions shall be prohibited on weekends and federal public holidays.
[G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
The Construction Official shall issue a permit for demolition sought pursuant to this article only after all of the following requirements have been met:
(a) 
Filing of a complete application as required by § 8-6.
(b) 
Compliance with the requirements of § 8-7.
(c) 
Receipt of proof of service of the notice required by § 8-8.
(d) 
The passage of three additional business days following filing with the Construction Official of proof of service of the notice required by § 8-8.
[G.O. No. 1386, § I; G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
Within five working days after demolition is complete, all debris shall be removed from the site and any excavation resulting shall be filled with clean fill unless an extension of such time is obtained from the Construction Official for good cause shown.
[G.O. No. 1386, § I; G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
In the case of emergencies where there is a present danger to persons or property because of the condition of a structure or building as a result of fire, explosion or other cause, the Construction Official or the Town Engineer shall have the power to issue a demolition permit at his own discretion so long as he is satisfied that a bona fide emergency exists and that the structure to be demolished has been disconnected from all utility services as required by this article and that no hazards exist within the building which would render it dangerous to demolish. The Town of Westfield shall be exempt from the requirements of obtaining a permit under this article for the demolition of any building or structure by the Town of Westfield, but the Town shall comply with all safety requirements of this article.
[G.O. No. 1386, § I; G.O. No. 1894, § I; amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188; 11-10-2020 by G.O. No. 2195]
Any person commencing demolition or demolishing any building or structure or who causes or suffers the demolition of any building or structure within the Town of Westfield without first having obtained a zoning approval and/or a permit therefor, or having demolished a building or structure and/or fails to remove the debris or fill any excavations as provided herein, shall be deemed in violation of this article. In the event of such violation, the Zoning Official shall cause a summons and complaint to be issued returnable in the Municipal Court charging violation of this article. Penalty for violation shall be a fine not more than $2,000, no more than 30 days in jail, or both. Each day that such offense continues shall be considered a separate offense.[1]
[1]
Editor's Note: Former § 8-11.2, which immediately followed this section, was repealed by Ord. No. 990.