City of Middletown, CT Article IV Demolition of Buildings

[Added 1-4-1984]

§ 120-33 Permit required; application procedure.

[Amended 1-6-1992]

A. No person shall demolish any building, structure or part thereof without obtaining a permit from the Chief Building Official of the City. Application shall be made upon the form to be provided by the Chief Building Official. No person shall be eligible to receive a permit under this section unless he furnishes to the Chief Building Official written evidence of the matters required by C.G.S. § § 29-406.

B. The Chief Building Official shall maintain a record of parties which have made written requests to be notified of the receipt of applications for demolition of buildings more than 50 years old. Such requests must be renewed in writing annually on or before January 1 following the initial request. The initial and subsequent request shall state the name and mailing address to which notices are to be sent.

(1) He shall cause to be published in a newspaper having a substantial circulation in the City a legal notice which shall state the following: that an application has been filed for a demolition permit, the date of the filing, the location of the property, the name of the owner of the property, and that unless written objection is filed to the issuance of the permit setting forth the reasons for the objection with the Building Official within 10 days of the publication of the notice, the permit may be issued after the expiration of said 10 days. The Building Official shall obtain an affidavit of publication to be filed with the application.

(2) He shall cause a copy of the legal notice to be published to be mailed, by registered or certified mail, return receipt requested, or personally delivered, to each party which has filed a written request with the Chief Building Official to receive such notices.

C. If no objection is filed within 10 days of publication, the permit may be issued if all requirements have been complied with. If an objection is filed within 10 days of publication, the Chief Building Official shall, within five days of receipt of such objection, make a decision as to whether the permit will be issued and, if so, whether the issuance will be delayed and, if so, for how long. Issuance may be delayed for a period not to exceed 90 days from the date of receipt of the application. The Building Official shall give written notice of his decision to the applicant and any party filing an objection.

[Amended 1-6-2003 by Ord. No. 01-03]

(1) The applicant and any party filing an objection may appeal from the decision of the Building Official to the Economic Development Committee by filing a written appeal within five days of such decision with the Building Official. The Building Official shall transmit a legible copy of the application, the objection, his decision and the appeal to the Committee within five days of receipt of the appeal. The appeal shall be heard by the Committee within 20 days of receipt of the appeal, at a regular or special meeting called for that purpose. Notice of the meeting shall be given to the Building Official, the applicant and any party which filed an objection. At the hearing the Committee shall receive testimony, documents and other evidence concerning the permit and the vote, if any, of the Design Review and Preservation Board. The Committee shall render a decision within 10 days of the close of the hearing, which decision shall fix the date for the issuance of the demolition permit which shall be not more than 90 days after the receipt of the application by the Building Official.

(2) If the Building Official's decision is to issue the permit less than 90 days from the date of receipt of the application, he shall also forward a copy of his decision to the Chairman of the Middletown Design Review and Preservation Board by registered or certified mail, return receipt requested, or by personal delivery. During the pendency of the appeal as set forth in Subsection C(1) above, the Chairman may, and on request of a party filing an objection shall, call a meeting of the Board to be held within 10 days of receipt of the decision from the Building Official. Written notice of the meeting shall be given to the Building Official, the applicant and any party filing an objection. At such meeting the Design Review and Preservation Board shall hold a hearing and receive testimony, documents and other evidence concerning the permit. Within five days of completion of the hearing, the Board shall vote to approve or disapprove the decision of the Building Official and send a copy of its vote to the Economic Development Committee.

D. This section shall not apply to permits issued or orders issued by any local or any state official having authority to order demolition of a building, structure or part thereof.

§ 120-34 Fees and costs.

A. Fees. The fee is based on the cost of demolition work. The applicant for a demolition permit shall pay a permit fee based on the following at the time the application is filed:

[Amended 1-6-2003 by Ord. No. 01-03]

	Cost of Work	Fee
	$50 to 1,000	$30
	Over $1,000	$20 for each $1,000 or fraction thereof

B. Cost of notices. If an application is for demolition of a building or structure or part thereof which is more than 50 years old, in addition to the above, the applicant shall pay the cost of the legal notice, the cost of the affidavit of publication and the cost of certified or registered mail upon receipt of a written statement and request for payment from the Building Official.

C. No permit shall be issued until all required fees and costs have been paid.

D. No permit fees or costs shall be paid by any City agency for a demolition permit for demolition by the City of a building or structure or part thereof owned by or located on property owned by the City.