The following terms used in this division shall have the meanings indicated in this section:
Contractor.
A person, and any employees, engaged in the business of demolition of structures who have been contracted to demolish a particular structure.
Demolition.
The destruction of a structure or part of a structure.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Permit required.
A person shall not demolish or begin demolition of a structure without obtaining a demolition permit from the city inspector.
(b) 
Fees.
Before being issued a demolition permit, the applicant shall pay all applicable fees required by the fee schedule of this Code of Ordinances.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
General.
Application for a demolition permit signed and verified by the owner or owner’s agent shall be made to the city inspector on a form provided for that purpose and shall include all of the following information:
(1) 
Location of the structure to be demolished.
(2) 
A plan for demolition and a schedule of time to complete the demolition project.
(3) 
Location of the sites to be used for disposal of debris and proposed routes for the transport of the debris to the sites.
(4) 
Name and address of the owner of the structure and the notarized signature of the owner or the owner’s agent authorizing the contractor to obtain a permit for demolition of the structure.
(5) 
Name and address of the contractor.
(6) 
Documentary evidence from an insurance company authorized to do business in the state, indicating a willingness to provide liability insurance required by section 22.03.577.
(7) 
A statement that the abatement of asbestos hazards will be accomplished in accordance with the applicable city, state and federal laws and regulations, including but not limited to the Texas Asbestos Health Protection Act (TAHPA), specifically Texas Occupations Code section 1954.259(b) requiring that a municipality that requires a person to obtain a permit before renovating or demolishing a public or commercial building may not issue the permit unless the applicant provides:
(A) 
Evidence acceptable to the municipality that an asbestos survey, as required by this chapter, of all parts of the building affected by the planned renovation or demolition has been completed by a person licensed under this chapter to perform a survey; or
(B) 
Certification from a licensed engineer or registered architect, stating that:
(i) 
The engineer or architect has reviewed the material safety data sheets for the materials used in the original construction, the subsequent renovations or alterations of all parts of the building affected by the planned renovation or demolition, and any asbestos surveys of the building previously conducted in accordance with this chapter; and
(ii) 
In the engineer’s or architect’s professional opinion, all parts of the building affected by the planned renovation or demolition do not contain asbestos.
(8) 
Such additional information as the city inspector considers necessary to promote the implementation or enforcement of this chapter or the protection of the public safety.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Issuance of permit.
The city inspector shall issue a demolition permit to the applicant, incorporating any special conditions as part of the permit, if the city inspector determines that:
(1) 
The applicant has complied with the requirements of sections 22.03.572 and 22.03.573;
(2) 
The applicant has submitted proof of the insurance coverage and bond required by section 22.03.577;
(3) 
The methods and procedures to be used by the applicant will comply with the requirements of this chapter and will not present a hazard to the public; and
(4) 
The applicant has agreed to comply with the special conditions, if any, determined to be necessary by the city inspector.
(b) 
Appeal of denial.
If the city inspector denies issuance of a permit, the applicant may appeal the action to the city council.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Transferability.
A demolition permit is not transferable to another.
(b) 
Commencement of work.
A contractor or owner shall begin demolition work authorized by a permit within ten (10) working days from the date the permit is issued, otherwise the permit expires and the contractor or owner must apply for a new permit.
(c) 
Exception.
The time limit in the contract applies to a contractor who demolishes a structure under contract with the city or other governmental entity.
(d) 
Continuation of work.
After beginning a demolition project, a contractor or owner shall work continuously at the normal rate of progress in keeping with good demolition practices until the project is completed.
(e) 
Expiration of permit.
A permit issued for demolition of a structure expires sixty (60) days after the date of issuance if no progress has been made toward completion of the demolition, unless a longer period of time is granted in the permit as a special condition approved by the city inspector. Demolition work, including cleanup, authorized by the permit shall be completed within sixty (60) days of the date demolition commences or within the time stated in the special condition.
(f) 
Extensions of permit.
The city inspector may grant an extension of a demolition permit for up to sixty (60) days if the contractor or owner shows good cause for not completing the project within the required time. The maximum number of extensions shall be limited to three (3).
(Ordinance 2020-219 adopted 12/9/20)
The owner of the property to be demolished is responsible for the cost of changes in public property, equipment or utilities, including, but not limited to, damage caused by the demolition activity, removal and reinstallation if damage cannot be avoided, and temporary equipment or utilities if determined to be necessary by the city inspector.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Indemnification required.
A permittee shall execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property arising out of demolition activities by the permittee that affect public property.
(b) 
Bond required.
No person or entity shall be issued a demolition permit until such person or entity shall have made, executed, and delivered to the city inspector a surety bond in the amount of fifty thousand dollars ($50,000.00) in the name of the city. The said surety bond shall be with a recognized and reliable surety company and shall be approved by the city inspector. Said bond shall hold the city free and harmless from damage or loss of every nature for acts of neglect of the principal of the said bond, its agents, or employees, and said bond shall be held for the benefit and use of the city, or any person injured or damaged by any act or neglect of the principal or its agents or employees, or by reason of failure to repair any defective workmanship or materials without additional cost to the person for whom the work was done within the time prescribed by the city inspector for the completion of such remedial work and guaranteeing compliance with the requirements of this article of all work done by the principal, its agents or employees.
(Ordinance 2020-219 adopted 12/9/20)
This division 18 does not apply to demolition work conducted by city employees in the course of their city employment.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Site preparation requirements.
A contractor shall not begin demolition work until all of the following preparations have been made:
(1) 
Relocate gas, water, steam, storm and sanitary sewer lines that will be used during the demolition process and construct devices to protect the relocated lines.
(2) 
Shut off and cap accessible gas, water, steam, storm and sanitary sewer lines not required during demolition outside the building line and shut off other lines as they become accessible.
(3) 
Reduce electrical service connections to a minimum needed for the demolition work and relocate and protect needed lines.
(4) 
Disconnect unneeded electrical service lines outside the property line and conspicuously identify energized circuits.
(b) 
Notification to utility agencies.
A contractor shall notify the appropriate utility agency before making the preparations required in subsection (a)(1) and shall accomplish the disconnections and construction of protective devices in a manner approved by that agency.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Protective devices.
A contractor shall not begin demolition of the exterior walls or roof of a structure until the following protective devices have been constructed when required by the city inspector:
(1) 
A structure to protect public property and utilities, as illustrated by, but not limited to, fire hydrants, streetlights, signal lights and control boxes, parking meters, utility lines and poles, and traffic signs.
(2) 
A temporary protective barrier that equals the diameter of the tree canopy for each tree to be preserved. The barrier shall be in place before any site work is initiated and maintained throughout the demolition to avoid impact injuries to the tree and the tree’s root system during demolition. During demolition, no excess soil, additional fill, construction equipment, liquids or construction debris shall be placed inside the protective barrier nor shall any soil be removed from within the barrier.
(3) 
Temporary fencing to enclose the demolition site.
(b) 
Maintenance and removal of protective devices.
A contractor shall maintain the required protective devices so long as a hazard to persons or property exists and shall remove the devices immediately when they are no longer needed for protection.
(c) 
Water accumulation.
Provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Dust.
In order to control dust in the air, a contractor shall do the following:
(1) 
Maintain an adequate water supply on the demolition site to properly control dust.
(2) 
Wet down material sufficiently to lay the dust before the material is removed.
(3) 
Remove asbestos in accordance with applicable city, state and federal laws and regulations, including but not limited to, the TAHPA.
(b) 
Drainage.
A contractor shall maintain the drainage facilities so that stormwater and water used for controlling dust will not cause flooding of streets, sewers or other property.
(Ordinance 2020-219 adopted 12/9/20)
A contractor shall conduct demolition activity on a structure only during the days and hours specified in section 22.03.056 subject to the limitations of article 12.02, noise, and the zoning ordinance, as amended.
(Ordinance 2020-219 adopted 12/9/20)
A contractor shall remove all material, rubbish and debris at least every other day from the demolition site in accordance with applicable city, state and federal laws and regulations, and in accordance with the routes, disposal sites and precautions established by the city inspector, taking care to maintain adjacent streets, alleys and public ways clear of loose material.
(Ordinance 2020-219 adopted 12/9/20)
(a) 
Site condition upon completion of demolition.
Upon completion of a demolition project, a contractor shall:
(1) 
Leave the demolition site clean (other than living shrubbery and trees);
(2) 
Remove all portions of the structure, including foundation;
(3) 
Grade the land to provide adequate drainage;
(4) 
Fill, level, compact and smooth basements, cellars, wells, cisterns, excavations, holes, voids under public or private sidewalks, or any declivity or depression that extends below the grade of the lot and is an apparent consequence of the demolition;
(5) 
Install and maintain sod on any disturbed areas of the site for demolition sites located in the one-family residential districts (R-1), two-family residential districts (R-2) or transitional residential districts (R-3), and reseed or take measures to prevent erosion in all other zoning districts;
(6) 
Repair any damage to the immediately adjacent curbing, sidewalks, streets or alleys that were affected by the demolition activity; and
(7) 
Owner shall demonstrate to the city inspector, using a pre-and post-demolition camera inspection (or similar), that any city-owned sanitary sewer line was undamaged by the demolition activities. The scope of the inspection shall include:
(A) 
Any city-owned sewer main that is within the demolition site; and
(B) 
The sewer tap connecting demolition site to the city-owned sewer line, and 50 feet (both upstream and downstream) of said tap.
(Ordinance 2020-219 adopted 12/9/20)
Any person, firm, association, delegation or group who violates any provision of this division shall be guilty of a misdemeanor and, upon conviction, shall be punished according to the general penalties described in section 1.01.013. Each day any violation continues to exist shall constitute a separate offense.
(Ordinance 2020-219 adopted 12/9/20)