As used in this chapter, the following terms
shall have the meanings indicated:
BASEMENT
That portion of a building that is partly below grade and
which has more than half of its height, measured from floor level
to ceiling, above the average established curb level or finished grade
of the ground adjoining the building.
BUILDING
A combination of any materials, whether portable or fixed,
as a structure wholly or partially enclosed within exterior walls
or within exterior or party walls and having a roof, affording shelter
to persons, animals or property. The word "building" shall be construed,
when used herein, as though followed by the words "or part or parts
thereof."
CELLAR
That portion of a building that is partly or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer for the Village of East Aurora
or its agent under contract with the Village to assist in the enforcement
of this chapter.
[Amended 3-14-2006 by L.L. No. 1-2006; 7-20-2009 by L.L. No.
5-2009]
CONTRACTOR
That person, firm or corporation employed by the owner of
the property, empowered by written consent of the owner to perform
the specific duty of demolition as may be specified in authorizing
permits.
DEMOLITION or DEMOLISH
The alteration of an existing building or structure, the
purpose of such alteration being the discontinuance of the existing
building or structure or a portion thereof. "Demolition" shall not
include the repairing, remodeling or extending of an existing building
or structure where such is incidental to the improvement of that building
or structure and the primary intent is shown to be that of repairing,
remodeling or extending the existing building or structure.
LOCATION
The actual confines of the demolition. The location as described
in the application for permit and as approved by the Code Enforcement
Officer therein shall be the only area approved for the demolition.
[Amended 3-14-2006 by L.L. No. 1-2006]
OWNER and PROPERTY OWNER
The person who has the legal title to land together with
ownership of the building or structure located thereon, whose name
appears on the most recent tax assessment rolls of the Village of
East Aurora.
PUBLIC WAY
A street, alley, sidewalk or other thoroughfare or easement
permanently established for passage of persons or vehicles. The term
"public way" shall be construed, when used herein, as though followed
by the words "or part thereof."
SALVAGE
Component parts of a building or structure being demolished,
removed or to be removed from said building or structure for reuse
or resale.
SALVAGE CONTRACTOR
A person, firm or corporation identified in the application
for demolition, authorized by the owner, in writing, to remove items
of salvage from premises, which may or may not be the same person,
firm or corporation designated by the owner as the demolition contractor.
STRUCTURE
A combination of materials, other than a building, to form
a construction that is safe and stable, and includes, among other
things, stadiums, platforms, radio towers, sheds and storage bins.
[Amended 11-15-1982 by L.L. No. 9-1982; 3-14-2006 by L.L. No. 1-2006]
A demolition permit shall be valid for a period
of 30 days from the date of its issuance. One additional extension
of 10 working days may be granted by the Code Enforcement Officer
in the event that unusual circumstances prevent completion of the
work. No work shall continue after the time limits stated above, except
upon application and issuance of a renewal permit pursuant to § 285-62G
of the Code of the Village of East Aurora.
[Amended 3-14-2006 by L.L. No. 1-2006]
Immediately after said demolition, the Code
Enforcement Officer shall notify the Village Clerk and the property
owner, in writing, that said demolition for which a permit was issued
has been completed.
Any person committing an offense against any
provisions of this chapter shall be guilty of a violation, punishable
as follows: by imprisonment for a term not exceeding 15 days or by
a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.