means the removal of any structure, in whole or in part, from a lot, tract or parcel, by any means, including but not limited to, on-site destruction or removal of such structure from its lot or foundation.
(Ord. 4126 § 3, 1988)
Before any structure within the city is demolished, the person, firm or corporation doing the demolition shall first obtain a demolition permit from the building division. A permit fee for demolishing, salvaging or wrecking any structure shall be collected by the city. The current fee structure shall be on file with the city clerk and the planning department, and shall be in such amounts as the city council may set from time to time by resolution.
(Ord. 4089 § 1, 1988)
Prior to the issuance of a demolition permit the applicant shall supply the building division with notice of discontinuance of the following utilities: Gas, electricity and telephone.
(Ord. 4089 § 1, 1988)
Upon receipt of an application for the demolition of a structure, a preliminary inspection may be made by the building official or a designated representative(s). Upon completion of the inspection, the building official shall send either a letter of acceptance or denial of the application to the applicant. Acceptance letters shall contain a list of any conditions or requirements necessary to bring the structure up to city code standards. Denial letters shall contain a brief explanation of the major reason(s) for such denial.
(Ord. 4089 § 1, 1988)
Demolition permits may be subject to the issuance requirements of Chapter 10.24, Section 10.24.040B1, and the hold harmless requirement of Section 10.24.040B2 of this code if the building official or a designated representative determines such insurance or agreement is required. Application for demolition permit will not be accepted until it is determined by the building official that the structure can be safely demolished.
(Ord. 4089 § 1, 1988)
A demolition permit shall not be issued when any one of the following conditions exists:
A.
The building official determines the demolition is prohibitive from the standpoint of public safety or is contrary to the public interest.
B.
The applicant is known to have repeatedly violated conditions of previously issued permits, or has unsettled claims for damages resulting from past demolitions.
(Ord. 4089 § 1, 1988)
The decision of the building division in granting or denying the permit to demolish an existing structure shall become final and effective ten days after rendering the report, unless within said ten-day period an appeal to the city council, in writing, is filed with the city clerk by any person dissatisfied with said decision. The filing of an appeal within said time limit shall stay the effective date of the decision of the building division until such time as the city council has acted on the appeal as hereinafter set forth in this chapter.
(Ord. 4089 § 1, 1988)
Upon receipt of a written appeal filed with the city clerk as provided herein, the building division shall transmit its complete record of the matter to the city council.
(Ord. 4089 § 1, 1988)
Within period not to exceed thirty days following the request to consider appeal, the city council shall consider the appellant's arguments and render its decision in granting or denying a permit to demolish an existing structure. The decision of the city council shall be final and conclusive.
(Ord. 4089 § 1, 1988)
A.
Every permit to demolish a structure shall provide that all work of demolishing, salvaging or wrecking, and all safety measures as listed in Section 15.70.100, shall be accomplished and completed within one hundred eighty days from issuance of the building permit for said demolition. An extension of said time limit may be requested in writing to, and granted by, the city council, if done prior to the termination date. Every person, firm or corporation who shall apply for a building permit in connection with a demolition of a structure may, in the discretion of the building official, be required to deliver to the city building division a surety bond or cash deposit in a sum of not more than seven thousand dollars, payable to the city, which by its terms shall be forfeited in case such building is not demolished according to said plans, specifications and requirements within such period.
B.
Notwithstanding the above surety bond or cash deposit limits, a permittee holding more than one demolition permit may request, and the building official may, in his/her discretion allow, alternative bonding or deposits to combine coverage of all demolition projects within the city. Such coverage may be transferable from finished projects to new projects.
(Ord. 4089 § 1, 1988; Ord. 4126 § 4, 1988)
A.
As a part of the demolition process, and not more than thirty days after demolition of the structure, the person, firm or corporation to whom the permit is issued to demolish, salvage or wreck a structure on any parcel of land in the city, shall comply with the following:
1.
Securely and properly seal all sewer and other sanitary facilities remaining on the land;
2.
Fill with dirt or small rock all openings and excavations in the land. All wells shall be abated in accordance with the laws of the state of California;
3.
Remove from the site all refuse, debris, old foundations, walls, slabs, waste material, septic tanks, cesspools and other impediments;
4.
Within ten days of demolition and completion of these conditions, a letter shall be filed with the building division, by the permittee, certifying compliance with all of the provisions of this chapter relating to demolition of structures.
B.
The time periods set out above shall not extend the permit life beyond one hundred eighty days.
(Ord. 4089 § 1, 1988; Ord. 4126 § 5, 1988)
All work for which a permit is issued under this chapter shall be completed within one hundred eighty days of the permit issuance date. Permits issued shall expire one hundred eighty days from the issuance date.
(Ord. 4089 § 1, 1988)
Any failure to comply with the provisions of building official is authorized to abate summarily said nuisance by causing said requirements to be complied with, and said abatement by the city shall be at the expense of the person or persons creating, causing, committing or maintaining the nuisance. The expense of the abatement of said nuisance by the city shall be a lien against the property on which the nuisance is maintained and a personal obligation of the property owner. The expense of abatement shall be collected in accordance with the procedure for collection of costs outlined in Chapter 15.16 (commencing with Section 15.16.180) of this code.
(Ord. 4089 § 1, 1988)
All money received under the provisions of this chapter shall be paid into the city treasury and credited to the general fund.
(Ord. 4089 § 1, 1988)
No person, whether as owner, lessee, sublessee or occupant, shall demolish any structure, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person violating the provisions of this chapter is guilty of a misdemeanor for each day such violation continues. All violations of this chapter shall be subject to civil penalties in accordance with Chapters 1.24 and 15.18 of this code.
(Ord. 4089 § 1, 1988)
The violation of any provision of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4318 § 5, 1991)