Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 3-8-2004 by L.L. No. 1-2004. Amendments noted where applicable.]
Building construction standards — See Ch. 74.
Unsafe buildings — See Ch. 80.
As used in this chapter, the following terms shall have the meanings indicated:
The demolition, razing, dismantling or tearing down of an existing building or structure or any part thereof.
The permit required for demolition of an existing building or structure.
No person shall demolish any building or structure having a gross floor area or use area of 200 square feet or more within the Village of Atlantic Beach or which adjoins or is within five feet of any other building or structure without first obtaining a demolition permit, signed by the Building Inspector or his duly authorized agent, allowing such demolition. Such permit shall be applied for and issued to the owner of the property or his representative pursuant to the following procedures:
Written application for a demolition permit shall be on forms provided by the Village of Atlantic Beach Building Department.
Said application shall require the name, address and telephone number of the owner; the names, addresses and telephone numbers of all contractors (general, special or salvage) authorized by the owner or his representative or employed by the village to perform work; insurance coverage information, including the name of each insurance company and policy number, the date or expiration of the policy and the type of insurance and coverage limitations for the owner and every contractor involved in the demolition; a written description of the building or structure to be demolished; the identification of the presence of asbestos or any other hazardous material in the building or structure to be demolished and the names, addresses and telephone numbers of the contractors that will perform the removal of such material; starting and completion dates; provision for disposal of refuse; and a descriptive statement as to security and/or barricades to a safeguard premises from unauthorized entry during demolition work and to provide for the protection of the general public.
Certificate of insurance.
As part of this application for a demolition permit and prior to the issuance of any permit, a certificate of insurance for liability shall be delivered to the Building Inspector of the Village of Atlantic Beach for each contractor involved in the demolition, including salvage. The minimum limits of said liability for the demolition of buildings and structures, whether a homeowner's insurance policy or a separate liability policy, shall be $1,000,000 for each occurrence. The Building Inspector shall have the authority to increase this minimum limit as a condition for the issuance of a permit if he or she deems such an increase to be necessary to protect members of the general public at the time the permit is applied for. In addition, the Building Inspector shall have the authority to increase the amount of insurance after the permit is issued, at any time during the demolition, if he or she deems such increase to be necessary to protect members of the general public.
Insurance certificates or agreements on behalf of each contractor involved in the demolition, including salvage, in a form approved by the Village Attorney, naming as additional insured and holding the Village of Atlantic Beach, it officers and employees and agents free from liability resulting from work allowed by a demolition permit, shall be delivered to the Building Inspector as agent for the Village of Atlantic Beach prior to the commencement of demolition.
Terms and conditions of permit.
Any person making application for a demolition permit shall obtain approval for the demolition from the Nassau County Department of Health if such approval is determined to be necessary by the Village of Atlantic Beach Building Inspector.
Prior to demolition, the contractor will erect a system of barricades around the construction site and have all utility services, including cable television, electric, gas, water and telephone services, disconnected by the respective utility companies and provide proof of said disconnection to the Building Department.
In the case of the demolition of an existing building which has a common or party wall with one or more adjoining buildings, the owner of the building to be demolished shall be responsible for and bear all costs in relation to the safeguarding of said adjacent wall.
Where beams, girders and joists are removed from party walls, the resulting pockets in said walls shall be cleaned out and filled with solid masonry. Necessary repairs shall be made to put the party wall in a safe condition. This work shall be done at the expense of the property owner having said demolition performed.
Where such demolition work is to be made and no immediate new construction is intended at the site, the adjacent wall, whether of the party type or otherwise, shall be in an acceptable condition as far as appearance is concerned. Such maintenance shall consist of painting, installation or repairs of walls, copings and flashings, waterproofing of joints, waterproof coatings, installation or repair to termite shields, treatment of soil or other suitable means. In addition to the repair of all joists, pockets and similar openings, the owner of the demolished building will be required to remove all old plaster, wallpaper and other decorative material in addition to any loose work, trim or other unrecorded material, subject to the approval of the Village of Atlantic Beach Building Inspector.
During the demolition work, debris must be systematically and regularly removed from the site and not be allowed to accumulate or cause any obstruction which would prevent movement within the property or the blocking of means, egress and ingress from the property.
When a building to be demolished contains a cellar or basement, the contractor shall remove all debris and organic material from the cellar or basement. The bearing or foundation wall shall be removed up to a depth of at least 24 inches below any future grade to be established.
Demolition of any building or structure shall be carried on between the hours of 8:00 a.m. and 6:00 p.m. during daylight hours or normal village workdays.
In-ground storage tanks on the demolition site shall be removed from the demolition area in accordance with all applicable federal, state, county and village governmental regulations.
No explosives may be used in connection with demolition of buildings or structures in the Village of Atlantic Beach.
In the event that the building or structure to be demolished contains asbestos or any other hazardous material, the owner and/or contractor shall notify the Building Inspector of its presence prior to any demolition. The asbestos or other hazardous material shall be removed from the building or structure in an environmentally sound manner by a contractor licensed by the appropriate governing authorities to perform such removal and in strict compliance with all federal, state, county and village regulations governing such materials and their removal. Within three days of the completion of said removal, the owner or contractor shall provide the Building Inspector with a satisfactory air sample test result of the demolition site. No further demolition shall occur until such a satisfactory air sample is provided to these officials.
Enforcement. The Building Inspector is empowered to issue a stop-work order if, in the judgment of the Building Inspector, the work is not being performed in a safe and sanitary manner or is not otherwise in conformance with the requirements of this chapter.
A demolition permit shall be valid for a period of 30 days from the date of issuance.
One ten-day extension may be granted by the Building Inspector in the event that unusual circumstances prevent completion of the work.
Unsafe buildings. Where a building or structure is designated as unsafe, that building or structure shall be demolished within five days of issuance of a permit with no extension of time.
All cellars and basements of demolished buildings or structures shall be filled in and made safe by filling and tamping such basement or cellar with fill materials approved by the Building Inspector and causing the surface of the location to be on a level with the surrounding premises. No materials will be permitted as fill which may corrode, rot, decay or collapse. All barricades, guardrails and temporary structures erected during demolition shall be removed prior to completion. The restoration of the site shall be approved by the Building Inspector, in writing.
In the event that the owner refuses or neglects to fill in and make safe such cellar or basement or refuses or neglects to dismantle and remove any barricades, guardrails or temporary structures erected during demolition, the village may do the necessary work involved, either with village employees or outside contractors, and the cost of making the location safe shall be assessed against such property. The owner shall have 10 days to pay the assessed costs. If the owner does not pay these costs within the ten-day period, such costs shall constitute a lien against the land on which said building is located and shall be levied and collected in the same manner as provided in the Village Law for the levy and collection of real property taxes.
Immediately after said demolition, the property owner shall notify the Building Inspector, in writing, that demolition for which a permit was issued has been completed.
The fees to be charged for applications, permits and inspections conducted pursuant to this chapter shall be established by resolution of the Board of Trustees. The current License and Fee Schedule is on file in the Village Clerk's office.
Any violations by a person, firm, association, or corporation of any of the provisions of this chapter shall be and hereby is declared to be a violation, and in conviction, such person, firm, association or corporation shall be subject to penalties not exceeding $1,000 or imprisonment not exceeding 15 days, or both, for each offense.