§ 22-206. Review standards, requirements.

(a)

General standards .

(1)

The building and code enforcement department will review all building demolition permit applications in accordance with this article and the ordinances of the city, together with the following standards:

a.

The granting of a permit shall not be detrimental to the public health, safety, and general welfare of the community.

b.

Adequate utilities, accessways, drainage, and other necessary facilities must be provided in order for a permit to be granted.

c.

The granting of the permit should promote the policies contained in the city's comprehensive plan, and the use of the subject property should be consistent with the designated comprehensive plan land use.

d.

Any new structure or use to be constructed on the subject property must conform to the applicable requirements of this Code and the city zoning ordinance, except as may be varied in accordance with zoning ordinance regulations.

e.

Meeting requirement. Prior to the issuance of a demolition permit, a meeting shall be conducted between city director of building and code enforcement or his designee and the demolition contractor to review the requirements for demolition.

(2)

The building and code enforcement department may also impose such conditions and restrictions upon the issuance of the permit as may be necessary in order to comply with the standards recited in this article.

(b)

General requirement . If a building demolition permit application is approved by the building and code enforcement department, any demolition which takes place shall be done in accordance with the provisions of the ICC International Building Code in force at the time, the requirements of this Code, and any additional requirements or conditions as placed on the applicant by the city building and code enforcement department. The applicant shall also be required to submit to the city proof of disconnection of utilities prior to commencing demolition of the building.

(c)

IEPA approval . If the application includes demolition of a building subject to Illinois Environment Protection Agency (the "IEPA") regulations the demolition permit application to the city shall include completed copies of any applications or other documents required by the IEPA.

(d)

Inspection. All single-family dwellings and multifamily dwellings containing three units or less proposed for demolition shall be examined by an state-licensed asbestos building inspector at the owner's expense who shall inspect all accessible areas of the dwelling proposed for demolition to determine if asbestos-containing building materials are present. The inspection shall include, but not be limited to, pipes, beams, walls, ceilings, floors, furnace, boiler, water storage tanks, wall panels, insulation, siding, roofing and other potential asbestos-containing materials. A copy of the inspector's license and report certifying the condition of the premises shall be submitted with the demolition permit application. In the event that suspect asbestos is found at the property, laboratory testing shall be performed, and if regulated friable asbestos material is present, removal and disposal of the asbestos shall be undertaken in conformance with all applicable laws, rules and regulations. Any plan for removal and disposal shall be confirmed in a report submitted to the city by the applicant's state-licensed asbestos building inspector. The city director of building and code enforcement may in his discretion submit the findings of any such inspector for review by an environmental consultant of its choice prior to approval of demolition permit. The review costs by any environmental consultant retained by the city shall be paid by the demolition permit applicant prior to issuance of the demolition permit.

(e)

Particulate control . Airborne particles shall be controlled at all demolition sites at all times during the work by thoroughly saturating all portions of the structure and areas surrounding the structure with water. Such spraying shall be undertaken to thoroughly control creation and migration of airborne particles, including, without limitation, dust from the subject property during the demolition and removal of material from the subject property. The water source for control of airborne particles shall be either a water tanker truck with a pump capacity of 100 gallons per minute at the nozzle or a hydrant connection to the city's water system. If the city's water system is used, the demolition contractor shall obtain a hydrant meter and the permit/applicant shall pay the city for the retail value of the water used. The water shall be delivered from the water source by a hose with a minimum diameter of 1½ inches. The water source for controlling airborne particles shall be identified on the demolition permit application. In the event that a water tanker truck is utilized to provide the water source, the name, address and telephone number of the entity providing such service shall be identified on the demolition permit.

(f)

Safety fencing . Fencing shall be installed as required by section 22-6. Such fencing shall be removed no later than the completion of restoration as required by subsection (g) of this section. Required restoration or rough grading, when allowed by the code official, shall be completed no later than 45 days after completion of the demolition.

(g)

Restoration . If construction of a new principal structure has not commenced within 30 days of demolition, the property shall be restored within 15 days thereafter. Restoration of the property shall include without limitation: permanent disconnection of sewer and water at mains, final grading and seeding, the removal of dangerous conditions, rubbish and debris, restoration of damaged public property and removal of safety and tree protection fencing. If weather does not allow final grading and seeding, the code official may allow rough grading until weather conditions permit final grading. Silt fencing and other stormwater measures shall remain in place in accordance with city stormwater ordinance.

(h)

Demolition bond . The applicant shall post with the city, at time of issuance of permit for the demolition of a principal structure, a cash demolition bond or a letter of credit in the form as which is on file in the building and code enforcement department in the amount of three percent of the cost of demolition or $10,000.00, whichever is greater. Such bond shall be in addition to all other application and processing fees, costs, escrows, bonds, and performance securities required by codes or ordinances of the city.

(1)

The city shall have the right at all times, at its option, to draw on the cash demolition bond for the costs, including legal fees and administrative expenses, incurred or to be incurred by the city in exercising any of its rights under this article in the event the applicant undertakes any work in violation of any provisions of this article or of any permit issued or plan approved pursuant to this article, or the applicant fails or refuses to complete any work authorized by any permit issued under this article in accordance with all plans approved in connection with said permit.

(2)

Replenishment of bond. If the city draws on the bond, then the applicant shall replenish the bond to the full amount required by this subsection (h) immediately after demand therefor is made to the applicant in writing by the city. Any failure of the applicant to replenish the bond shall result in cancellation of the related permit, which permit shall not be reissued thereafter except after the filing of a new application therefor, payment of the permit fee, and establishment of a new bond.

(3)

Return of unused bond. Upon the completion of demolition, the permit holder shall submit written request for refund of demolition bond or release of demolition letter of credit. The city shall return any unused portion of the demolition bond to the applicant, without interest, within 30 days after final demolition inspection of the subject property and approval of the completed demolition by the director of the building and code enforcement department of the city. Properties where construction of a new principal structure has not commenced within 30 days of demolition, shall be restored as required by subsection (g) of this section before the demolition bond can be returned. For those properties that have been issued a building permit for a new structure and construction has begun within 30 days of completion of demolition, items to be complete prior to return of demolition bond shall include, but not be limited to, removal of all debris, rough grading of site, safety, tree and silt fencing in place and maintained, temporary disconnection of sewer and water services, sidewalk street and parkway clean and clear of obstructions. Where construction has not commenced within 30 days of the completion of demolition and the code official has allowed rough grading due to weather conditions, the demolition bond shall not be returned until final grading and seeding has been completed.

(i)

Notification of demolition activities .

(1)

The person/entity obtaining a demolition permit shall contact the city building and code enforcement department at least one business day prior to the commencement of any approved demolition activities and identify the date and time of all scheduled demolition. In the event that the schedule is altered in any way, the city shall be provided notice of any and all such alterations, at least one business day prior to the alteration, in the same manner provided herein. The person/entity referenced above shall also notify the city on the day that demolition has been completed, in the same manner provide herein. A failure to comply with this section results in a separate violation for each day in which demolition activities proceed without proper notice.

(2)

Two brightly colored placards shall be provided by the city and posted in a conspicuous location by the permit holder or property owner. The placard shall identify the scheduled date of the demolition and shall be posted no more than ten days prior and not less than three days prior to the scheduled demolition date.

(j)

Portable toilet . During demolition, the site shall be provided with portable temporary restroom facilities in the manner provided by the Illinois Construction Site Temporary Restroom Facility Act, 410 ILCS 37/10. The location of the portable toilet shall be located as close to the center of the lot as possible and away from the adjacent properties, and shall not be placed on city rights-of-way, including, but not limited to, parkways or sidewalks.

(Code 1996, § 22-206; Ord. No. F-1044, § 1, 5-16-2005; Ord. No. F-1185, §§ 1, 2, 7-5-2006; Ord. No. F-1396, § 2, 12-1-2008)