It is the intent of this chapter to establish specific regulations governing the demolition of structures within the City, in the interest of the health, safety, and general welfare of its citizens, business concerns and other affected sectors of the community. It is intended to protect property values, create a more attractive economic and business climate, and to enhance and protect the physical appearance of the community. It is further intended to facilitate economic and residential development by requiring demolition sites to be rendered clear and ready for future construction, thus promoting development or, in the alternative, to ensure that demolition sites are returned to their pre-built natural state, thus promoting open space and curbing the deterioration of the natural environment.

(Ord. 2012-26. Passed 5-24-12.)

   The regulations herein set forth shall apply to and govern structures and properties in all zoning districts, with the exception that demolition permits approved prior to the effective date of this chapter shall not be subject to its requirements unless work approved under such permits has not commenced on or before the date for which work is required to commence as stated on the permit itself.

(Ord. 2012-26. Passed 5-24-12.)

   In addition to the provisions of the Building Code, as approved by Council, and unless otherwise indicated, the following standards shall apply to permits issued for the demolition of structures in the City.

   (a)   The demolition of any structure, primary or accessory, shall include the removal of all elements of the building, to include structural and roof parts, various and sundry debris generated by the demolition of the structure itself, any contents of the structure that remain at the time of demolition, and the building foundation.

   (b)   Removal of the foundation shall not be deemed complete unless and until every element of the foundation has been broken up and removed from the site, including all footers and material below grade, and until the removal site has been covered with dirt and brought back level to grade. Once brought to grade, the site shall be seeded (and protected from soil erosion until seeds take hold) or such other landscaping as may be appropriate shall be planted, subject to the approval of the Building and Zoning Administrator.

   (c)   The approval of any demolition permit is provisional, and shall not be considered final for the purposes of commencing work, unless the applicant has completed the following additional requirements:

      (1)   The applicant has filed the appropriate paperwork with the Regional Air Pollution Control Authority (RAPCA), the Ohio Environmental Protection Agency (Ohio EPA), or such other agency as shall have the authority to regulate the demolition of structures known to include asbestos containing materials;

      (2)   Having filed such paperwork, the applicant has ensured that all asbestos containing materials found in the structure have been removed in a manner consistent with the requirements of the Ohio Revised Code, or until approval has been granted by RAPCA to remove such asbestos containing materials during the normal course of demolition, provided that such removal is done in accordance with the requirements of the Ohio Revised Code;

      (3)   The applicant has received approval from RAPCA, the Ohio EPA, or such other agencies as may have the authority to regulate the demolition of structures known to include asbestos containing materials, to proceed with demolition, and furnished a copy of such approval to the Building and Zoning Administrator; and

      (4)   The applicant has submitted the demolition plans for plan review and received approval of the City Engineer.

(Ord. 2012-26. Passed 5-24-12.)

   (a)   For the purposes of this Code, demolition activities conducted as part of the construction of an addition to an existing structure, a substantial renovation of an existing structure, or the construction of an entirely new structure, shall be considered new construction projects. Such demolition activities shall fall under the scope of work of the commercial or residential building permit that authorizes the construction of the new structure, provided that one of the following conditions applies:

      (1)   Less than fifteen percent of the existing structure is to be demolished in this manner, and the existing structure is less than 250,000 square feet in area (taking outside dimensions);

      (2)   Less than twenty-five percent of the existing structure is to be demolished in this manner, and the existing structure is greater than 250,001 square feet but less than 500,000 square feet in area (taking outside dimensions); and

      (3)   Less than thirty-five percent of the existing structure is to be demolished in this manner, and the existing structure is greater than 500,001 square feet in area (taking outside dimensions).

   (b)   Permits approved under this provision shall not be subject to Section 1286.03(a) or (b). All demolition activities associated with new construction must still comply with the reporting and asbestos containing materials processing requirements of Section 1286.03(c) even if the permit itself is for the new construction.

   (c)   Projects for which demolition is proposed, but which do not meet the criteria of subsection (a) hereof shall require a demolition permit.

   (d)   For the purposes of permits issued under subsection (a) hereof, the date on which work is considered to have commenced shall be the date on which demolition begins on the site, and all work (including both demolition and new construction) shall be completed in a manner and within the timeframe provided for by law, subject to such extensions or allowances as would typically be available for a permit of that type.

(Ord. 2012-26. Passed 5-24-12.)

   (a)   If a structure is destroyed by external means beyond the control of the property owner, such as fire, tornado, earthquake, Act of God, or the like, the structure is not considered demolished for the purposes of this Code. Reconstruction of a new structure may utilize the existing foundation, if it remains sound and viable for such use. If no reconstruction is planned within twelve months of the date on which the structure was destroyed, the foundation must be removed from the site as described in Section 1286.03(b). A demolition permit shall be required for such removal.

   (b)   All persons demolishing structures in the City shall take care to properly preserve and protect any utility service lines or delivery conduits found on the site. No active or inactive utility line shall be removed from the site or otherwise damaged without the express consent of the utility provider.

(Ord. 2012-26. Passed 5-24-12.)

   (a)   Either the owner of the property or the contractor performing the work on such project shall post bond in an amount that is twice the amount sufficient to assure that the terms and conditions of this chapter shall be met, and that the site shall be properly restored in accordance with Section 1286.03(a) and (b), such bond to be in the form of a surety or maintenance bond, escrow account, irrevocable letter of credit, or a cash deposit.

   (b)   Performance bonds provided for under this section shall be posted in amounts equal to twice the cost of work to be performed, but no bond shall be posted for a demolition in an amount less than five thousand dollars ($5,000).

(Ord. 2012-26. Passed 5-24-12.)

   This chapter shall not apply to demolition activities undertaken by the City on properties owned or occupied by the City or by reason of demolition related actions taken by the City on privately owned properties for reasons of public health, safety, morals or general welfare.

(Ord. 2012-26. Passed 5-24-12.)

   (a)   Whosoever demolishes a structure in contravention of the provisions of this chapter, or whosoever does so without the appropriate permit as required by law, or whosoever does so without properly restoring the site as required in Section 1286.03 shall be subject to the following:

      (1)   Whoever violates this section shall be guilty of a misdemeanor of the fourth degree and penalties shall be imposed as set forth in Section 698.02; and

      (2)   A civil penalty imposed by the City in an amount equal to 200 percent of the fee that would have been charged a permit for the project, had such a permit been approved.

   (b)   Failure to comply with the reporting requirements set forth in Section 1286.03(e) or with the applicable provisions of the Ohio Revised Code dealing with asbestos containing materials, may result in additional fines and penalties, at the discretion of the agencies responsible under the Ohio Revised Code for enforcement of same.

(Ord. 2012-26. Passed 5-24-12.)