Yellow Springs Public Notices

An Ordinance Establishing Chapter for Building and Structure Demolition

ORDINANCE 2010-15, VILLAGE OF YELLOW SPRINGS, OHIO

ESTABLISHING A NEW CHAPTER 1442 — DEMOLITION OF BUILDINGS AND STRUCTURES — OF TITLE FOUR — MISCELLANEOUS BUILDING REGULATIONS OF PART FOURTEEN — BUILDING AND HOUSING CODE OF THE CODIFIED ORDINANCES OF THE VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Tuesday, September 7, 2010, gave first reading to an ordinance, text to follow.

Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7 p.m. Monday, September 20, 2010 in the Bryan Community Center, 100 Dayton Street.

Whereas, the Village of Yellow Springs does not currently require any type of permit for the demolition of buildings or structures within the Village corporation limits; and

Whereas, the demolition of buildings and structures that have not had utilities such as gas, electric, water, and sewer properly disconnected could present a significant risk to public health and safety and failure to restore the site after demolition may lead to the creation of a nuisance; and

Whereas, the Yellow Springs Planning Commission has recommended the establishment of a demolition permit process:

NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1. A new Chapter 1442 of the Codified Ordinances of the Village to create a procedure for requiring Demolition Permits in the Village, attached as Exhibit A, is hereby enacted.

Section 2. A Demolition Permit, attached as Exhibit B, shall be used. The Village Manager may revise this Permit form from time to time as he deems necessary.

Section 3. This ordinance will be in full force and effect at the earliest time permitted by law.

Judith Hempfling, President of Council

Exhibit A
CHAPTER 1442
Demolition of Buildings and Structures

1442.01     PERMIT REQUIRED; DISCONNECTION OF UTILITIES.

(a)     No person shall demolish any building or structure, as defined in Section 1240 of the Codified Ordinances, without securing a permit from the Village Manager’s Office.  The Village Manager, or designee, shall administer this Section of the Code.

(b)     As a condition of receiving a demolition permit, the owner, agent or person in control of a building or structure to be demolished shall notify, in writing, the appropriate utilities or public authorities serving the building or structure regarding the person’s intentions to demolish the building or structure. Such notice shall include a request that the utilities be disconnected. The owner, agent or person in control of the building or structure to be demolished, or the utility company, shall provide evidence to the Village that the utilities have been discontinued. The permit will not be issued until all proper verification has been received.  Proof of verification that services have been discontinued can be found on the application for a demolition permit.

1442.02     BOND OR OTHER SURETY REQUIRED.

Precedent to the issuance of a demolition permit, the owner, agent or person with control of the property subject to demolition shall post with the Village a performance bond, cash deposit or other surety approved by the Village Manager to assure the Village that the demolition work will proceed as permitted. The value of the surety shall not exceed the cost associated with the demolition and site restoration. The terms of the surety shall provide that the Village may retain or claim the surety proceeds if the permit holder fails to perform the demolition activities in accordance with the permit granted. The value of the surety may be reduced during the course of the demolition work, at the sole discretion of the Village Manager, if, in the estimation of the Village Manager, sufficient surety remains to assure completion of the demolition and site restoration activity.

1442.03     SITE CONDITIONS.

(a)     During the course of the demolition activity, the owner, agent or person in control of the property subject to the demolition shall take steps to ensure the safety of the general public. The proposed steps shall be in compliance with generally accepted building industry safety practices as may be reflected in building codes applicable in the Village and State of Ohio.

(b)     Following the completion of demolition work, the owner, agent or person in control of the property subject to the demolition activity shall provide for the restoration of the site so as to address safety and nuisance concerns.

(1)     All such sites shall be brought to a level or other grade determined to be appropriate by the Village Manager or designee.

(2)     All surface irregularities, wells, septic tanks, basements, cellars, sidewalks, vaults or coal chutes remaining after demolition shall be filled with compactable materials approved by the Village Manager or designee.

(3)     The party securing the demolition permit shall provide for the disposal of the debris associated with the demolition and/or rehabilitation work. The debris must be placed in an appropriate container for removal by a private contractor, or another arrangement shall be made for the disposal of the debris on at least a weekly basis. No property owner or permit holder shall permit the non-containerized accumulation of demolition debris on any property in the Village for a period in excess of seven calendar days. All debris and material associated with the demolition work must be removed from the property.

(4)     All sanitary sewer leads that served the subject demolished building or structure must be effectively plugged with concrete at the property line, or as may be required by the Village Manager or designee.

(5)     As soon as weather permits, the site shall be prepared (including the application of topsoil if necessary to ensure growth), and sod, grass seed or other ground cover material shall be installed to address soil erosion control. The Village Manager or designee may require that straw or mulch material be placed on the site that is seeded to prevent erosion and enhance the likelihood of successful growth.

1442.04     PERMITTED HOURS OF DEMOLITION.

Demolition activity shall be permitted between the hours of 7:00 a.m. and 9:00 p.m. only.  Noise generating from demolition activity shall be in compliance with Chapter 634 of the Codified Ordinances.

1442.05     REQUIRED NOTIFICATION OF NEIGHBORING PROPERTIES.

The party receiving the demolition permit shall give forty-eight (48) hours notification of commencement of demolition to all abutting properties

1442.06     TIME LIMIT FOR PERMIT.

The party receiving the demolition permit must complete the demolition activity, including site restoration, within thirty calendar days from the receipt of the permit. The time limit may be extended at the discretion of the Village Manager. The petitioner must provide evidence to show that extenuating circumstances prohibited the completion of the demolition work in the thirty-day time period.

1442.07     DEMOLITION PERMIT FEE.

 

The fee for the issuance of a demolition permit shall be ten dollars ($10.00) plus four dollars per one thousand square feet ($4.00/1,000 s.f.), with a maximum permit fee of seventy-five dollars ($75.00).

1442.99     PENALTY.

Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.  A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

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