This chapter shall be known as the "Demolition
Regulation Ordinance of the City of Rochester."
All demolition activities requiring a building permit pursuant to Chapter
39 of the Municipal Code shall be in conformance with the provisions set forth herein.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this chapter shall control. Where greater restrictions
are imposed by any law, ordinance or regulation than are imposed by
this chapter, such greater restrictions shall control.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
COMMISSIONER
The Commissioner of Neighborhood and Business Development
of the City or his or her duly authorized representative.
[Amended 6-16-2009 by Ord. No. 2009-179]
DEMOLITION
The razing, disassembly or removal of:
B.
Any wall, roof, porch, beam or other constructed
or essential element of any structure, where such element cannot be
easily reused in its same configuration without reconstruction.
C.
The debris of any structure that has been demolished
or has collapsed.
EMERGENCY
The condition when a building or structure is an imminent
danger to life, health or safety as a result of structural instability,
fire or any other dangerous or hazardous situations or as a result
of substantial violations of any code, ordinance or regulation enforced
by the Department of Neighborhood and Business Development of the
City of Rochester.
[Amended 6-16-2009 by Ord. No. 2009-179]
HAZARDOUS SUBSTANCE
A substance that:
A.
Because of its quantity, concentration or physical,
chemical or infectious characteristics causes physical injury or illness
when improperly treated, stored, transported, disposed of or otherwise
managed.
B.
Poses a present or potential hazard to the environment
when improperly treated, stored, transported, disposed of or otherwise
managed.
C.
Because of its toxicity or concentration within
biological chains, presents a demonstrated threat to biological life
cycles when discharged into the environment.
D.
Is a hazardous substance as defined under the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. § 9601 et seq.).
PERMIT
A building permit for demolition, pursuant to Chapter
39 of the Municipal Code.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground, or anything attached to something
having a permanent location on the ground, but not including paving
or surfacing of the ground.
The Commissioner shall issue written findings
setting forth the manner in which any disapproved application fails
to comply with the standards listed below. The Commissioner shall
not approve demolition applications submitted pursuant to this chapter
unless the application complies with all of the following standards:
A. The application is complete and does not contain or
reveal any violation of this chapter or other applicable regulations
which the applicant has, after written request, failed or refused
to supply or correct.
B. The proposed development that includes demolition
does not unnecessarily endanger the safety, health or welfare of persons
who live, work or recreate in the City by exposing or increasing the
chance of exposure of persons to hazardous substances or unsafe structures
or situations.
C. The proposed development that includes demolition
does not unnecessarily destroy, damage, detrimentally modify or interfere
with the enjoyment of significant natural, physical, historic, cultural
or educational features on or off the site.
D. The proposed development that includes demolition
does not conflict with, or hinder the implementation of, provisions
of the Comprehensive Plan or of other adopted plans or policies of
the City.
In order to protect the public and adjacent
public and private properties, all demolition activities shall be
undertaken in accordance with standards prescribed by the Commissioner,
the Standard Specifications and General Conditions for Demolition
on file with the City of Rochester Bureau of Purchasing and Work Within
the Right-of-Way Specifications on file with the City of Rochester
Department of Environmental Services Engineering Permit Office.
Upon satisfactory execution of all approved
work pursuant to this chapter, the Commissioner shall issue a certification
of completion. If the Commissioner finds any existing conditions not
as stated in any application or approved plan, the Commissioner may
refuse to approve further work until such conditions are made to conform
with approved plans.
If any section, subsection, paragraph, sentence,
clause or other part of this chapter is for any reason invalid, the
validity of the remaining portion of this chapter shall not be affected.