Swanton City Zoning Code
ARTICLE 150
43 DEMOLITION
§ 150.431 PURPOSE.
The purpose of this article is to establish regulations concerning the demolition of buildings and structures so as to ensure that buildings and structures that have had utilities such as gas, electric, water and sewer are properly disconnected. These regulations reduce risk to public health and safety.
(Ord. 2023-03, passed 2-27-2023)
§ 150.432 PERMIT REQUIRED.
(A) No person shall demolish any building or structure or facility over 600 square feet in size and connected to utilities, without securing a permit in advance from the Village Administrator’s Office.
(B) A demolition permit shall be issued only to a demolition contractor duly registered with the state of Ohio accompanied by a notarized statement of the owner of the subject property that said registered demolition contractor is the agent for such demolition.
(C) A demolition permit application shall be completed. The Village Administrator may revise the permit form from time to time as deemed necessary or appropriate.
(D) The applicant shall pay the demolition permit fee established by Village Council at the time the demolition permit application is submitted.
(E) At the time of application, the applicant shall specify when the building will be demolished, where the materials will be hauled, and the measures to be taken to secure the property during the demolition.
(F) Prior to starting demolition, the demolition contractor shall provide proof of current, valid liability insurance coverage, written with an insurance company registered to do business in the state of Ohio. The liability insurance shall afford limits of liability no less than one hundred thousand dollars ($100,000) for damages to a single person, and three hundred thousand dollars ($300,000) for one (1) occurrence.
(Ord. 2023-03, passed 2-27-2023)
§ 150.433 DISCONNECTION OF UTILITIES.
As a condition of receiving a demolition permit, the owner, agent or person in control of the 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 may be evidenced on the application for a demolition permit.
(Ord. 2023-03, passed 2-27-2023)
§ 150.434 BOND OR OTHER SURETY REQUIRED.
Prior 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 minimum of $5,000 performance bond, cash deposit, or other surety approved by the Village Administrator to assure the village that the demolition work will proceed as permitted.
(A) 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.
(1) In the event that the planned demolition is of such a size or scope that the $5,000 bond, deposit or surety will be insufficient to assure completion for the demolition and site restoration activity, the Village Administrator may request a larger value performance bond, cash deposit, or other surety to assure the village that the demolition work will proceed as permitted, such larger value to be set on a case-by-case basis, upon majority vote of Council.
(2) In any event, the value of the surety shall not exceed the cost associated with the demolition and site restoration.
(B) Bonds must be approved as to form by the Village Solicitor, indemnifying the Village for all liability arising by reason of the acts of the demolition contractor or his employees while in the pursuit of his business under a demolition permit issued by the Village.
(Ord. 2023-03, passed 2-27-2023)
§ 150.435 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 including dust and hazardous material, as governed by Ohio Administrative Code. 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) The demolition of any structure 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.
(1) 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.
(2) All surface irregularities, wells, septic tanks, basements, cellars, sidewalks, vaults and coal chutes shall be completely removed.
(3) Once all the debris has been removed from the site, all holes shall be filled with environmentally clean compactable materials approved by the Village Administrator or designee.
(C) Following the completion of demolition work, the owner, agent or person in control of the property or facility (industrial, commercial, public, and institutional) subject to the demolition activity shall provide for the restoration of the site so as to address safety and nuisance concerns. All such sites shall be brought to a level or other grade determined to be appropriate by the Village Administrator or designee.
(D) The demolition contractor shall provide for the disposal of the debris associated with the demolition and/or rehabilitation work including dust control during demolition in compliance with OEPA requirements. The debris shall be placed in an appropriate container for removal by a private contractor, or another approved 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 shall be removed from the property.
(E) All sanitary sewer leads that served the subject demolished building or structure shall be removed or grouted solid from structure to property line and shall be capped at the property line, or as may be required by the Village Administrator or designee. Applicants securing the demolition permit who choose to permanently terminate the water and/or sanitary sewer service must follow the guidelines of the Village Abandonment Procedures.
(F) As soon as weather permits, the site, and adjacent public property that has been affected by the demolition activity, shall be restored (including the application of topsoil if necessary to ensure growth). Sod, grass seed or other ground cover material shall be installed to address soil erosion control. The Village Administrator 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.
(G) Any damage to public property such as but not limited to a public sidewalk shall be properly repaired and restored to its original condition. This work shall be accomplished within two weeks after the building has been demolished.
(Ord. 2023-03, passed 2-27-2023)
§ 150.436 REGULATION OF DEMOLITION CONTRACTORS.
In undertaking any demolition work as defined in this article, the demolition contractor during his entire employment under a contract, whether public or private, shall be responsible and liable for:
(A) Faithful compliance and adherence to all Federal, State and local laws and regulations relating to safe demolition and construction processes and procedures including equipment, apparel and individual protective device regulations, and requirements for pedestrian protection, adjoining property protection, vacant lot conditions, water accumulation, and utility disconnections in accordance with the Ohio Building Code. The Ohio EPA Division of Air Pollution shall be notified even if no asbestos or other hazardous materials are present.
(B) Securing all necessary licenses, permits, easements and rights of way.
(C) Early and adequate notice to the Village and utility companies for appropriate disconnections and the safeguarding thereof.
(D) Minimization of air pollution and contamination through wetting, soaking and other dust and debris settling techniques, incompliance with all OEPA requirements.
(E) Installation, erection and maintenance of barricades, warning lights and signals, pedestrian cautions and walkways in accordance with safety codes, regulations and ordinances. When necessary for the public protection, the contractor shall employ guards and watchmen.
(F) Continuity of service to adjacent property by the replacement or repair of overhangs, cornices, downspouts, etc., which overhang from adjacent property and which have been removed or damaged by the contractor.
(Ord. 2023-03, passed 2-27-2023)
§ 150.437 PERMITTED HOURS OF DEMOLITION.
Demolition activity shall be permitted between the hours of 7:30 a.m. and 7:30 p.m. Monday through Saturday only. Noise generating from demolition activity shall be in compliance with the village Noise Ordinance.
(Ord. 2023-03, passed 2-27-2023)
§ 150.438 REQUIRED NOTIFICATION OF NEIGHBORING PROPERTIES.
Applicants who receive a demolition permit shall provide two business days advance written notification to all abutting property owners and occupants of the abutting properties prior to commencement of demolition.
(Ord. 2023-03, passed 2-27-2023)
§ 150.439 TIME LIMIT FOR PERMIT.
The party receiving the demolition permit shall complete the demolition activity, including site restoration, within 30 calendar days from the receipt of the permit. The time limit may be extended at the discretion of the Village Administrator. The petitioner shall provide evidence to show that extenuating circumstances prohibited the completion of the demolition work in the 30-day time period.
(Ord. 2023-03, passed 2-27-2023)
§ 150.440 PENALTY.
Whoever violates any provision of this article is guilty of a minor misdemeanor and shall be fined not more than $100 for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2023-03, passed 2-27-2023)