HomeMy WebLinkAboutOrdinance # 1923ORDINANCE N0.1923
AN ORDINANCE CREATING CHAPTER 4 (DEMOLITION) OF TITLE 4 (BUILDINGS)
OF THE CANTON MUNICIPAL CODE
WHEREAS, the Public Works Committee has determined that it is necessary and in the best
interest of the citizens of Canton, Illinois to create Chapter 4 (Demolition) of Title 4 (Buildings) of
the Canton Municipal Code; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, be it ordained by the City Council of the City of Canton, Fulton County,
Illinois, as follows:
That Chapter 4 (Demolition) of Title 4 (Buildings) of the Canton Municipal Code shall be created
to read as follows:
4-4-1. Definitions.
For the purpose of this chapter:
Demolition. The removal, in whole or in part, of any structure or building, the removal of
demolition debris, or the installation of fill material and final grading in connection with
such removal.
Demolition contractor. Any person or firm engaged in the business of demotion of
buildings or structures by contract.
Director. The director of Planning and Zoning for the city or his authorized agent.
4-4-2. Powers and duties of director.
In addition to the other powers and duties prescribed in this chapter, the director shall have the
right during reasonable hours, or at any time when an extreme danger exists, to enter any premises
for which a demolition permit has been issued or applied for to determine the progress of work or
to determine if a safety hazard exists. He shall have the authority to order the discontinuation or
modification of any demolition work when he determines that a hazardous condition may result
from continued work. He shall approve or disapprove all applications for demolition permits. He
shall approve all bonds required under this chapter. He shall submit an accounting of all fees
collected to the city clerk.
4-4-3. Regulation of demolition contractors.
Prior to the issuance of any demolition permit, a demolition contractor shall provide the director
with the following:
(a) License and permit bond. A license and permit bond specifically covering demolition
work and conditioned upon compliance with the provisions of this chapter, such bond to
be in the amount of twenty thousand dollars ($20,000.00)
(b) Insurance. A certificate of liability insurance containing general liability coverage of at
least one million dollars ($1,000,000.00). If it would be necessary for the demolition
contractor to place any equipment for the demolition and/or removal of demolition
debris and/or installation of fill material and/or final grading on public right- of-way,
the City of Canton will be listed as an additional insured under the general liability policy.
4-4-4. Regulation of property owners.
Owners of real property may demolish their own buildings or structures. However, the director
shall not issue a demolition permit until the owner has provided the following:
(a) Bond. A cash bond equal to fifty cents ($.50) per one square foot of ground floor area
of all buildings named in the application for a demolition permit. Such bond shall be
conditioned upon compliance with this chapter. Such bond shall be cancelled and all
monies returned to the owner upon completion of the demolition to the reasonable
satisfaction of the director.
(b) Entry agreement. An agreement signed by the owner granting permission to employees
or agents of the city to enter the named property to complete all work required under this
chapter if such work is uncompleted on the date of expiration of the demolition permit.
Any expenses incurred by the city as a result of such entry and work shall be deducted from
the bond.
4-4-5. Permits; fees.
(a) Permits required. It shall be unlawful for any person to demolish any building or
structure, or any structural part thereof, that is over 400 square feet, or connected to
electric, gas, water, or sewer lines, or has one or more party walls, without having first
obtained a demolition permit from the director. Application for a permit shall be made on a
form prescribed by the director.
(b) Expiration of permits. Permits for demolition shall expire thirty (30) days after
issuance. The director may, upon good cause shown, extend such date of expiration for a
successive fifteen (15) day period.
(c) Denial of permit. The director may refuse to issue a demolition permit when the
requirements of this chapter are not met or where a permit has already been issued for a
specific property and no significant progress has been made toward complete demolition.
(d) Drawings required. Applicants for a demolition permit shall provide drawings
indicating the height and location of buildings on the site, distance from property lines
and adjacent buildings, final grading, party walls, protective canopies and such other
information as may be reasonable requested by the director. The director may, if he
determines that the safety of persons or property will not be adversely affected, waive the
requirements of this subsection (d).
(e) Permit fees. The director shall collect fees for all demolition permits according to the
following schedule:
Estimated Cost Fee
$1.00 to $500.00 $10.00
$500.01 to $2,000.00 $10 for 1st $500 + $1.50 ea. additional
$100 or fraction of, to & including $2000
$2,000.01 to $25,000.00 $32.50 for 1st $2000 + $6.00 ea. additional
$1000 or fraction of, to & including $25,000
$25,000.01 to $50,000.00 $170 for 1st $25,000 + $4.50 ea. additional
$1000 or fraction of, to & including $50,000
$50,000.01 to 100,000.00 $283 for 1st $50,000 + $3.00 ea. additional
$1000 or fraction of, to & including
$100,000
$100,000.01 and up $433 for 1st $100,000 + $2.50 ea.
additional $1000 or fraction of
4-4-6. Demolition inspections.
(a) Inspections required. The director shall cause an inspection to be made of all
demolitions upon the completion of work and at such other stages of work as he may
determine to be necessary.
(b) Notification for inspection. The person carrying out a demolition shall notify the
director that the site is ready for final inspection. The director shall cause an inspection
within twenty-four (24) hours of such notification, nonworking days excluded. J
(c) Discontinuance of demolition for safety reasons. If, after inspection, the director finds
continued demolition will create a hazard to the public, he shall order demolition
discontinued and recommend a safer method of demolition to be used.
4-4-7. Demolition requirements.
(a) General. All demolition work shall be carried out in safe and workmanlike manner to
minimize hazard to adjacent property and the public.
(b) Subterranean walls, floors, footings. All subterranean walls, floors and footings shall
be removed.
(c) Fill material. All depressions, cavities, cisterns or wells shall be filled with approved
granular material to within six (6) inches of final grade.
(d) Site restoration. The final grading shall be such that no depressions or cavities exist
and storm water cannot stand on the demolition site. Six (6) inches of earth shall be
installed over any depression, cavity, cistern or well filled with fill material.
(e) Removal of debris. All debris resulting from demolition shall be removed from the site
where demolition occurs in a timely manner. In no event shall debris be used for fill
material.
(f) Barricades, fencing and canopies. Where necessary to protect public health and safety,
the director may require the erection of fencing, barricades or protective canopies around
the perimeter of the demolition site.
(g) Working hours. No demolition work shall be conducted between the hours of nine
o'clock (9:00) p.m. and seven o'clock (7:00) a.m. unless previously approved by the
director.
(h) Closing of streets. Streets, roadways and alleys adjacent to a demolition site may be
closed only after approval by the director. The director shall, prior to approval of such
closing, consult with the fire chief, police chief and director of public works.
(i) Disconnection of utilities. It is the responsibility of the owner or his agent to arrange the
disconnection of all utilities to a demolition site prior to demolition. All water, sewer and
gas lines shall be properly capped and sealed.
(j) Notice. Notice to adjoining owners must be given at least ten (10) days prior to the
beginning of the proposed demolition. Only when written notice has been given by the
applicant to the owners of adjoining lots, and to the owners of wired or other facilities, of
which the temporary removal is necessitated by the proposed work, shall a permit be
granted for the removal of the building or structure. Said notice shall contain the address of
the structure to be demolished as well as the date demolition is scheduled to begin. Said
notice shall also include the demolition contractor's name, address, and phone number.
(k) Party walls. In the event the structure to be demolished has one or more party walls,
the applicant shall provide drawings sealed by a registered architect or structural engineer
indicating the measures to be taken to support the adjacent structures after demolition. In
the event adjacent structures do not require additional support, the architect or engineer
shall provide a written statement stating such conclusion. The written consent of owners of
adjacent buildings to install necessary shoring or bracing shall be provided.
4-4-8. Violations, penalties.
(a) Violation defined. It is a violation of this chapter for any person to cause or allow
demolition to occur on any property under his ownership or control except in conformance
with the provisions of this chapter.
(b) Penalty for violation. Any person who violates, neglects or refuses to comply with or
who resists or opposes the enforcement of any provision of this chapter or who shall
proceed to engage in the demolition of any structure without having first obtained a
demolition permit therefore shall, upon conviction thereof, be fined not less than fifty
dollars ($50.00) nor more than five-hundred dollars ($500.00) for each offense. A separate
offense shall be deemed committed for each day any violation of any provision of this
chapter shall continue.
(c) Penalty does not excuse violation. The imposition of a penalty hereunder shall not
excuse the violation nor shall it permit the continuance of any such violation.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 4th day of March. , 2008.
AYES: Aldermen I~~is, Str~dberg, Meade, Nidiffer, [~?esty Schenck.
NAYS: None .
ABSENT: A.lde~`man Sarf f , Berardi .
ATTEST:
A ~
Nancy Whit ,City Clerk
A .
odney W. t- inze ayor