Ordinance No. 2014-16
AN ORDINANCE REQUIRING A PERMIT FOR THE DEMOLITION OF
BUILDINGS LOCATED IN THE VILLAGE OF ANTWERP, OHIO;
AND DECLARING THE SAME AN EMERGENCY
Whereas, the Village of Antwerp (the “Village”) does not currently require any type of permit for the demolition of buildings within the Village corporation limits; and
Whereas, the demolition of buildings 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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:
Section 1. Permit Required; Disconnection of Utilities.
(a) No person shall demolish any building, within the boundaries of the Village, without securing a permit from the Village Administrator. An application for a demolition permit must be completed and submitted to the Village Administrator to determine if such application meets the requirements of this Ordinance. For purposes of this Ordinance, building shall mean a permanent fabrication or construction, attached or affixed to the land, consisting of foundations, walls, columns, girders, beams, floors, and a roof, or some combination of these elemental parts.
(b) As a condition of receiving a demolition permit, the owner, agent or person in control of a building to be demolished shall notify, in writing, the appropriate public authorities or utility companies serving the building (with a copy to the Village Administrator) regarding the person’s intentions to demolish the building. Such notice shall include a written description detailing (1) why the building is unfit and/or unsafe for human habitation or use; (2) how the building will be demolished; (3) the protection that will be provided for all adjoining, adjacent, and abutting properties; and (4) the steps the owner will take to stabilize the property lot and surface after the demolition. Such notice shall also include a request that the utilities be disconnected. The owner, agent or person in control of the building 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.
Section 2. 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 Administrator 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 Administrator, if, in the estimation of the Village Administrator, sufficient surety remains to assure completion of the demolition and site restoration activity.
Section 3. Site Conditions and Disposal Requirements.
(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, as that term is defined in Section § 3767.01 of the Ohio Revised Code, concerns, including but not limited to the following:
(1) All such sites shall be brought to a level or other grade determined to be appropriate by the Village Administrator 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 Administrator or designee.
(3) The party securing the demolition permit shall provide for the safe and prompt 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 by the property owner, or another arrangement shall be made for the disposal of the debris on at least a weekly basis and in compliance with the rules and regulations of the Ohio Environmental Protection Agency. 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 five (5) calendar days. The time limit may be extended upon written request to the Village Administrator and at the discretion of the Village Administrator. The petitioner must provide evidence to show that extenuating circumstances prohibited the ability to place the accumulated demolition debris in an appropriate container in the 5‑day time period. 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 must be effectively plugged with concrete at the property line, or as may be required by the Village Administrator 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 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.
Section 3. Permitted Hours of Demolition. Demolition activity shall be permitted between the hours of 7:00 a.m. and 8:00 p.m. only. Noise generating from demolition activity shall not create a nuisance.
Section 4. Required Notification of Neighboring Properties. The party receiving the demolition permit shall give written notification at least forty-eight (48) hours prior to commencement of demolition to all abutting and adjacent property owners.
Section 5. Time Limit For Permit. The party receiving the demolition permit must complete the demolition activity, including site restoration, within thirty (30) calendar days from the receipt of the permit. The time limit may be extended upon written request to the Village Administrator and at the discretion of the Village Administrator. The petitioner must provide evidence to show that extenuating circumstances prohibited the completion of the demolition work in the 30‑day time period.
Section 6. 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 square feet), with a maximum permit fee of Seventy-Five Dollars ($75.00).
Section 7. 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.
Section 8. Prior Ordinances. Previous Ordinances and Rules of the Village that are not consistent with this Ordinance are hereby set aside, revoked and held for naught.
Section 9. Open Meetings. It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.
Section 10. Emergency Measure. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public safety, health, peace and welfare, by reason of the fact that regulating the demolition of buildings will prevent possible injury to the citizens of this community, and this Ordinance shall be in full force and effect immediately upon its passage; otherwise, it shall take effect and be in full force after the earliest period allowed by law.
PASSED this _____ day of September, 2014.
Tom VanVlerah, Mayor
Village of Antwerp
Fiscal Officer, Village of Antwerp