§ 103-191. Demolition of structures.

(a)

Whenever any person desires to demolish any house, dwelling, apartment or other similar structure formerly used for human habitation or any commercial, industrial, or other structure formerly used in the conduct of any trade or business, he shall, before being entitled to the issuance of a permit, agree in writing that he shall, following the demolition of the structure, take all necessary action including that specified in section 103-186 to ensure that the premises or location where the structure is demolished shall be left in a sanitary condition and free from all trash, debris and structures which might become a harboring place for insects, rodents or vermin.

(b)

No permit to demolish a structure shall be issued until the applicant shall post with the General Government Administration Department a cash bond in the amount set forth in the schedule of fees and charges. The cash bond is to be returned to the applicant after the permitted structure has been demolished and the applicant has placed the premises or location in the condition as set forth in this article. If the permit holder should fail to comply with this requirement, all or any portion of the cash bond shall be applied by the city to the cost of city forces entering upon the premises or location and placing them in the condition as specified in this article. No permit or bond is required for the demolition of barns, sheds or other accessory buildings where the structure was not used for human habitation or any commercial, industrial, trade or business purpose, or any building not having gas, water, electricity and other utilities connected.

(c)

It shall be unlawful to demolish any house, dwelling or other similar structure formerly used for human habitation or any commercial, industrial or other structure formerly used in the conduct of any trade or business without a proper permit. Any violation of this section shall be a continuing violation and each day of violation shall constitute a new offense.

(d)

No house, dwelling, or commercial structure designated as historically significant which is located within the district listed on the National Register of Historic Places can be demolished without first having a public hearing before the Mayor and Council. The Council shall vote to approve or deny the request to demolish, and shall use the standards of the adopted architectural and site design standards of the city to evaluate the request.

(e)

Area denominated as the National Historic District.

(1)

No person shall demolish any building, structure or part thereof which is located within the area denominated as the National Historic District as shown on the official zoning map without first obtaining a permit from the Community Development Department.

(2)

Any person wishing to obtain a permit under this subsection to demolish a building, structure or part thereof shall file an application with the Community Development Department on a form approved by the Department, which application shall include the following:

a.

The common name, actual street address and tax identification number of the building or structure to be demolished;

b.

The age and type of building or structure to be demolished;

c.

The square footage or dimensions of the building or structure to be demolished;

d.

The name, address and telephone number of the owner of the building or structure to be demolished;

e.

A brief description of the materials, configuration and use of the existing building or structure;

f.

One or more recent photographs of the building or structure showing at least two elevations;

g.

The reason for requesting a demolition permit;

h.

Name and address of the person who would perform the demolition;

i.

Date on which demolition is to begin;

j.

A brief description of the proposed reuse, reconstruction or replacement for the existing building; and

k.

The names and addresses of all property owners abutting the property on which the building, structure or part thereof to be demolished is located, according to an attached copy of a current city assessor's map.

(3)

The Community Development Department shall delay the issuance of a demolition permit under this subsection for not less than ten business days from the first public hearing date of the application in order to allow sufficient time for submission of viable alternative proposals as discussed in 103-191(e)(6). The Community Development Director may further delay issuance of the demolition permit for up to 180 days from the first public hearing date of the application if in his/her judgment the preparation of a viable proposal is underway. If the enclosed space is 500 square feet or less, no additional, no additional delay to the permitting process shall be imposed.

(4)

Within seven days of the filing date of the application, the Community Development Department shall publish a notice of intent to demolish in the official legal organ of the county which shall include:

a.

Notice that an application has been filed for a demolition permit;

b.

The common name and actual street address of the property where the building, structure or part thereof to be demolished is located;

c.

The name and address of the owner of the building, structure or part thereof to be demolished;

d.

The age of the building, structure or part thereof to be demolished;

e.

Notice that the building, structure or part thereof is located within the area denominated as the National Historic District as shown on the official zoning map; and

f.

Date, time and place of the public hearing required by subsection (d) of this section.

(5)

Within seven days of the filing date of the application, the Community Development Department shall mail copies of the notice of intent to demolish by certified mail with return receipt to all property owners abutting the property on which the building, structure or part thereof to be demolished is located.

(6)

Within seven days of the filing date of the application, the Community Development Department shall post a sign in a conspicuous location on the property on which the building, structure or part thereof to be demolished is located. The sign shall be at least 18 inches x 24 inches and be visible from the nearest public street or other access way adjoining the property. Such sign shall include:

a.

The nature of the request.

b.

The case number of the request.

c.

The date, time, and location of the hearing.

If there is more than one structure proposed for demolition, one sign shall be posted for each structure. All signs required hereunder shall remain posted on the property, if the permit is issued, until the completion of all demolition activities authorized by the permit.

(7)

Within 90 days of the filing date of the application, the Mayor and Council shall hold a public hearing to consider said application filed under this subsection, provided that the demolition application has been reviewed by the Architectural Review Board if reuse, reconstruction or replacement for the existing building is proposed.

(8)

If after a thorough inspection, the Director of Health and/or the Building Official finds that a building, structure or part thereof subject to this subsection poses an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building, structure or part thereof, then the Community Development Department shall issue an emergency demolition permit to the owner of the building, structure or part thereof.

(9)

During the demolition delay period as defined in subsection 103-191 (e)(3), the owner of the property on which the building, structure or part thereof to be demolished is located shall give due consideration to all possible alternatives to demolition, including preservation, restoration, rehabilitation, relocation or detailed recordation of the affected building, structure or part thereof. In order to avoid or mitigate the anticipated effects of demolition, the owner shall make a good-faith effort to accommodate reasonable requests from any interested parties for information about or access to the building or structure for the purpose of evaluating alternatives to demolition. If no viable alternatives to demolition are submitted within the demolition delay period, the Community Development Department shall issue a demolition permit.

(10)

No demolition permit under this subsection shall be issued until the payment of all required fees, the filing of the written agreement required by subsection (a) of this section and the posting of the cash bond required by subsection (b) of this section.

(11)

Any demolition permit issued pursuant to this subsection shall be valid for a period of six months. If the demolition contemplated by said permit has not commenced within said six-month period, then the owner of such building, structure or part thereof shall be required to apply for a new permit and satisfy all notification requirements of this subsection.

(12)

The fee for a demolition permit under this subsection shall be established by resolution of the City Council.

(13)

Violation of any provision of this subsection shall subject the violator to all applicable penalties as provided by law and as set forth in sections 1-11 and 1-12. Any violation of this subsection shall be a continuing violation and each day of violation shall constitute a new offense.

(Code 1979, § 8-2-27; Code 1998, § 86-107; Ord. No. 18-95, § X, 11-6-1995; Ord. No. 07-2007, 1-29-2007; Ord. No. 12-2008, 5-5-2008; Ord. No. 03-2011, 5-2-2011)