[Ord. #88-010, § 1]
For purposes of this section, certain words and phrases are
defined, and certain provisions shall be construed, as herein set
out, unless it shall be apparent from their context that a different
meaning is intended:
a.
Demolition shall mean the razing, ruining, tearing down or wrecking
of any facility, structure or building covered by this section. As
used herein, the word "demolition" shall include any partial demolition
and any interior demolition affecting more than ten (10%) percent
of the replacement value of the structure as determined by the Building
Official.
b.
Discretionary demolition permit shall mean a demolition permit for
a building or structure where either the demolition project or the
replacement project requires one (1) or more discretionary zoning
acts by the City.
c.
Facility shall mean structure or any part thereof.
d.
Ministerial demolition permit shall mean a demolition permit issued
for unsafe structures, structures on a site where the demolition project
or replacement project does not require any discretionary zoning permits.
e.
Residential structures shall include multiple-family buildings, single-family
dwellings, cooperatives, condominiums, and hotels and motels.
f.
Structure shall include anything that would require a building permit
to construct, excluding, however, structures built or that could be
built pursuant to subsection 20-24.140 (Temporary Buildings).
g.
Unsafe structures shall mean structures found by the Building Official
or Building Inspector of the City Public Works Department to require
immediate issuance of a demolition permit to protect the public health
or safety.
[Ord. #88-010, § 1]
It shall be unlawful to demolish or cause to be demolished any
structure without first having obtained a demolition permit pursuant
to the provisions of this section.
[1]
Editor's Note: Former subsection 12-10.3, Demolition of Buildings
or Structures, Owner's Completion Bond, previously codified herein
and containing portions of Ordinance No. 88-010, was deleted in its
entirety by Ordinance No. 2013-03.
[Ord. #88-010, § 1]
No demolition permit shall be issued pursuant to this section
unless and until notices of the filing of the application for demolition
have been sent by mail at least ten (10) days in advance of the issuance
of the permit to all persons owning property adjacent to or contiguous
with the exterior boundaries of the property or portion of the property
to be demolished. Owners shall be as shown on the records of the Alameda
County Assessor. The owner of a condominium project of more than sixty
(60) units shall be the Homeowner's Association, if the association
has in advance agreed in writing, to make satisfactory notification
to their membership. This noticing requirement shall not apply to
unsafe structures, accessory structures, or to nonresidential, one-story
buildings of Type V construction with an area not exceeding four hundred
(400) square feet.
In reviewing the public comment received about the application
for demolition, the Public Works Director shall restrict his review
to those comments regarding method of construction, potential safety
and hazard impacts associated with the demolition and other physical
factors related to the demolition which could affect the surrounding
properties including street access, dust, equipment storage, debris
storage, fencing, and the like.
At the end of the ten (10) day noticing period, the Public Works
Director shall be authorized to issue to the demolition permit applicant
a Ready-to-Issue Notice. Said notice shall indicate that the demolition
permit is ready for issuance and shall be issued once all other required
discretionary permits have been obtained. The Ready-to-Issue Notice
shall be effective for one (1) year from the date of issuance. Extensions
of up to six (6) months of this twelve (12) month period may be granted
by the Public Works Director for delays related to other permits.
No Ready-to-Issue Notice shall be effective for more than two (2)
years. If the demolition permit is not issued within twelve (12) months,
or any extension thereof, of the date of the Ready-to-Issue Notice,
the demolition permit application shall be void. A reapplication and
new fees shall be required, thereafter, for the proposed demolition.
[1]
Editor's Note: Former subsection 12-10.5, Demolition Permit
Fees, previously codified herein and containing portions of Ordinance
No. 88-010, was deleted in its entirety by Ordinance No. 2013-03.
Former subsection 12-10.6, Penalties, previously codified herein and
containing portions of Ordinance No. 88-010, was deleted in its entirety
by Ordinance No. 2013-03. Former subsection 12-10.7, Restrictions
and Exceptions for Obtaining a Permit to Demolish a Structure, previously
codified herein and containing portions of Ordinance Nos. 88-010 and
91-01, was deleted in its entirety by Ordinance No. 2013-03. Former
subsection 12-10.8, Applicability of the California Environmental
Quality Act (CEQA), previously codified herein and containing portions
of Ordinance No. 88-010, was deleted in its entirety by Ordinance
No. 2013-03.
