No building or structure of any size or character within the City shall be torn down, demolished, wrecked, dismantled or otherwise razed, in whole or in part, or moved upon or removed from any premises by any person without a permit therefor as provided in § 51-8D.
The application for such permit shall be in the form required by the
Bureau of Inspection. Before any such permit is issued by the Bureau of Inspection
the applicant shall:
A.
If required by law to secure workmen's compensation insurance,
file in the office of the Bureau of Inspection, approved by the State Industrial
Commissioner, a certificate showing that such insurance has been secured.
B.
File a certificate showing that the owner or contractor is insured against public liability and property damage in connection with such work of demolition, as required by Subsection D of § 51-8, together with a hold harmless clause which shall state as follows: "The owner or contractor shall save and hold harmless the City of Batavia from any and all damages and liability by reason of bodily injury or property damage arising either directly or indirectly from the work to be performed under the terms of this permit, irrespective of the cause of such injury or damage." In lieu of such requirement the applicant shall file evidence showing that an insurance policy has been issued in the name of the City of Batavia in the amounts required by this subsection.
C.
Give proof that the Police Department has been put on
notice.
D.
Give proof that the Chief of the Fire Department has
been put on notice.
E.
Give proof that the utility companies have been put on
notice.
F.
Specify the method to be used for discontinuing sanitary
and storm sewers, water and other utilities which shall be subject to approval
by the Bureau of Inspection.
G.
Pay a fee to the Batavia City Clerk-Treasurer as set
from time to time by resolution of the City Council.
[Added 4-22-1992; 6-25-2001
by L.L. No. 1-2001]
[Amended 2-12-2007 by Ord. No. 1-2007[1]]
A.
In the case of demolitions, the Bureau of Inspection shall not
issue a permit until the applicant furnishes a public liability insurance
policy issued by a carrier licensed to do business in the State of New York
in the sum of $100,000 - $300,000 or such additional coverage as he or she
may determine as necessary to adequately protect the public. Such policy shall
be canceled only on 10 days' written notice to the City and shall be subject
to approval as to form by the City Attorney.
B.
The applicant shall also indicate in his or her application his
or her method and place of disposal of the debris from the demolition and
a plan for the restoration of the property, including filling of all excavations
or below ground level openings, and the capping or removal of sewer and water
lines if there is no intention to immediately rebuild on the site.
C.
Failure to comply with Article VII of this chapter or to restore the property shall constitute a violation of this chapter.
D.
The Bureau of Inspection may waive any provisions of this subsection
for minor demolitions.
All debris shall be promptly removed from the area and the final time
for removal of debris shall be determined by the Bureau of Inspection and
noted on the permit. Materials which are to be salvaged may be allowed to
remain on the premises for such longer period of time as may be determined
by the Bureau of Inspection and noted on the permit.
The plans and method of demolition, including starting and closing dates,
shall be fully set forth by the applicant. In the event explosives are to
be used, the applicant shall designate the name of the licensed operator who
will handle the explosives.
No materials or equipment shall be allowed to remain in the public right-of-way
unless special permission is granted. In such latter event, the applicant
shall comply with the requirements of this Code relating to obstructions in
streets.
The use of a swinging weight, clamshell bucket, power shovel, bulldozer
or other mechanical contrivance for the purpose of demolishing walls shall
be in accordance with the following requirements:
A.
Where a swinging weight is used, a zone of demolition
at least 11/2 times the height of the structure or portion thereof being so
demolished shall be maintained around points of impact.
B.
Where a clamshell bucket is being used, a zone of demolition
shall be maintained within 25 feet of the line of travel of the bucket.
C.
Where other mechanical contrivances are being used to
effectuate total or partial collapse, there shall be maintained in the area
into which the affected portion may fall a zone of demolition at least 1 1/2
times the height of the structure or remaining portion thereof.
The Bureau of Inspection shall have the authority to revoke any permit
when, in its opinion based upon an inspection of the site or any other investigation,
the applicant has violated any of the terms of his or her permit or failed
to comply with any of the requirements of this article. All work shall cease
upon the revocation of the permit.
The Bureau of Inspection shall have the authority to waive any or all
of the provisions of this article when in its discretion public safety and
property rights are not endangered by the proposed demolition. The size of
the building and its location in relation to other buildings and abutting
property shall be determinative. In all cases of proposed demolition, however,
a permit must be obtained.
