Chapter 15.52
PROTECTION OF PERSONS AND PROPERTY DURING DEMOLITION
Sections:
15.52.010 Purpose.
The purpose of this chapter is to provide protection for persons and property during demolition activity of nearby structures. (Ord. 1846 § 1, 2023)
15.52.020 Screening.
At the outset of demolition activities or at the otherwise earliest time it is feasible in the opinion of the building official, a protective screen shall be erected to the satisfaction of the building official between the demolition site and immediately adjoining properties, unless the building official determines that erection of a screen is not feasible or would serve no practical purpose. (Ord. 1846 § 1, 2023)
15.52.030 Notice.
A. Prior to the commencement of any demolition of structures that requires a building permit, including the demolition of exterior walls or roofs, excavation that requires shoring or sandblasting, the owner or contractor shall provide notice by mail or personal delivery to the property owners and occupants located within one hundred feet of the demolition site that demolition will occur. Said notice shall be provided in person to the affected property owners and occupants at least seven days prior to any demolition taking place. If notice is mailed, it shall be sent no later than ten days prior to any demolition taking place. The notice shall contain the following information:
1. Address where demolition will occur;
2. Date(s) and approximate times demolition will occur;
3. Name, address, telephone number and state license number of contractor;
4. Name, address and telephone number of the owner of the property on which demolition is to occur.
B. In addition to providing mailed notice, the same information shall be posted on the job site in a location that is accessible to the public on a sign that is a minimum of two feet by three feet with lettering at least one inch in size.
C. If the owner or the contractor fails to provide the required notice, the building official shall have the authority to stop the work until the notice is provided, in addition to any other remedies provided by this code.
D. For purposes of this chapter, demolition activity does not include reroofing of structures. (Ord. 1846 § 1, 2023)
15.52.040 Damage to property.
A. The building official shall have the authority to stop the demolition work at any time that in his or her opinion said demolition work has caused, is causing, or is about to cause, damage to adjacent or nearby properties. Said work shall not recommence until the time that the necessary corrections have been made so that no further damage will occur to the affected property, unless the building official determines that the damage will be corrected as provided in subsection B of this section, and written approval is obtained from the building official that said work can recommence.
B. If demolition work causes damage to adjacent or nearby properties, the building division shall withhold inspections of said work and stop work until (1) the damage to the affected property is repaired or repair work has commenced and is continued to be performed with due diligence until completed, or (2) the affected property owner is compensated the cost of repair, or (3) a documented agreement satisfactory to the building official is executed to assure repair of the damage at a more appropriate phase of the demolition. If there is a bona fide dispute between the owner of the damaged property and the party alleged to have caused said damage as to the cause of the damage, the method or scope of repair or the cost of the repair, work may resume and inspections provided only if the party performing the demolition work posts a bond with the city in an amount that the building official reasonably determines is sufficient to pay the cost of repair. Where there exists a bona fide dispute, the issues in contention are a civil matter beyond the authority of the city to resolve.
C. The bond called for in subsection B of this section shall be approved as to form by the city attorney and held by the city until the dispute is resolved between the parties or by a court of competent jurisdiction. In the event that the aggrieved party does not submit proof to the city that an action has in fact been filed within one year after the issuance of the certificate of occupancy, then the city shall, unless good cause is shown, release the bond. The city shall provide thirty days’ written notice to the aggrieved party of its intent to release the bond. (Ord. 1846 § 1, 2023)