CHAPTER 13.04:
Building Standards
Section
Article I. Enforcement of Building Standards
13.04.010 Adoption by reference
13.04.030 Definition of substantial property interest
13.04.040 Administration – Building Commissioner
13.04.060 Adoption of rules by reference
13.04.090 Building permit fees
Article II. Inspection, Repair or Removal of Unsafe Buildings
13.04.110 Unsafe building law incorporated by reference
13.04.130 Role of Building Commissioner
13.04.150 Unsafe building defined
13.04.160 Definition of substantial property interest
13.04.170 Standards and practices in the trade
13.04.180 Administrator and hearing authority
13.04.190 Unsafe Building Fund
Article III. Building Code
13.04.220 Review of application
13.04.230 Permit issuance process
13.04.250 Inspection assistance
13.04.280 Certificate of occupancy
13.04.310 Violations and penalties
13.04.320 Violations – Injunctions
Article IV. Wrecking and Demolition of Buildings Dust Reduction and Prevention
13.04.360 Public liability insurance
Prior legislation:
Prior Code, Title 13, § 1.
ARTICLE I. ENFORCEMENT OF BUILDING STANDARDS
13.04.010 ADOPTION BY REFERENCE.
675 IAC 13 on enforcement of building standards is adopted by reference as if fully set out herein. A copy of 675 IAC 13 is on file in the office of the City Clerk-Treasurer for public inspection. (Ord. 13.04 § 1-1, passed 7-16-2012; Am. Ord. 13.04 § 1-1, passed 6-17-2013)
13.04.020 PURPOSE.
The purpose of this code is to provide minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of buildings and structures. (Ord. 13.04 § 1-2, passed 7-16-2012; Am. Ord. 13.04 § 1-2, passed 6-17-2013)
13.04.030 DEFINITION OF SUBSTANTIAL PROPERTY INTEREST.
The definition of “substantial property interest” used in I.C. 36-7-9-2 is applicable to this chapter and means any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser. (Ord. 13.04 § 1-3, passed 7-16-2012; Am. Ord. 13.04 § 1-3, passed 6-17-2013)
13.04.040 ADMINISTRATION – BUILDING COMMISSIONER.
The Building Commissioner is authorized and directed to administer and enforce all of the provisions of this article. Whenever in this article it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner, this shall be construed to give such officer only the discretion of determining whether this article has been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what this article shall be, or power to require conditions not prescribed by ordinances or to enforce this article in an arbitrary or discriminatory manner. Any variance from adopted building rules is subject to approval under I.C. 22-13-2-7(b). (Ord. 13.04 § 1-4, passed 7-16-2012; Am. Ord. 13.04 § 1-4, passed 6-17-2013)
13.04.050 SCOPE.
The provisions of this code apply to the construction, alteration, repair, use, occupancy, and addition to all buildings and structures in the City of Southport. (Ord. 13.04 § 1-5, passed 7-16-2012; Am. Ord. 13.04 § 1-5, passed 6-17-2013)
13.04.060 ADOPTION OF RULES BY REFERENCE.
(A) Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:
(1) Article 13 – Building Codes.
(a) Fire and Building Standards.
(b) Indiana Building Code.
(c) Indiana Building Code Standards.
(d) Indiana Handicapped Accessibility Code.
(2) Article 14 – One and Two Family Building Code.
(a) Indiana One and Two Family Building Code.
(3) Article 16 – Plumbing Code.
(a) Indiana Plumbing Code.
(4) Article 17 – Electrical Code.
(a) Indiana Electrical Code.
(b) Safety Code for Health Care Facilities.
(5) Article 18 – Mechanical Code.
(a) Indiana Mechanical Code.
(6) Article 19 – Energy Conservation Codes.
(a) Indiana Energy Conservation Code.
(b) Modifications to the Model Energy Code.
(7) Article 20 – Swimming Pool Code.
(a) Indiana Swimming Pool Code.
(B) Copies of adopted building rules, codes and standards are on file in the office of the Clerk-Treasurer of Southport. (Ord. 13.04 § 1-6, passed 7-16-2012; Am. Ord. 13.04 § 1-6, passed 6-17-2013)
13.04.070 PERMIT REQUIRED.
A permit shall be obtained, per the building permit rules and regulations as adopted by the City of Southport Board of Public Works. All fees required by this code shall be paid to the Clerk-Treasurer of Southport. (Ord. 13.04 § 1-7, passed 7-16-2012; Am. Ord. 13.04 § 1-7, passed 6-17-2013)
13.04.080 OTHER ORDINANCES.
Any work done under permit shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits, there shall be paid the fees prescribed in such ordinance. (Ord. 13.04 § 1-8, passed 7-16-2012; Am. Ord. 13.04 § 1-8, passed 6-17-2013)
13.04.090 BUILDING PERMIT FEES.
Residential |
Electrical ($80.00) + Total Square Feet ________ x $.05 |
Structural ($80.00) + Total Square Feet ________ x $.05 |
Mechanical ($80.00) + Total Square Feet ________ x $.05 |
Plumbing ($80.00) + Total Square Feet ________ x $.05 |
Site Development ($80.00) + Total Square Feet ________ x $.05 |
Self Certification Inspection Electrical Tag $5.00 |
Re-inspection Fee = Total Square Feet ________ x $.05 for each trade as required |
|
Commercial |
(With State Design Release) |
Electrical ($200.00) + Total Square Feet ________ x $.10 |
Structural ($200.00) + Total Square Feet ________ x $.10 |
Mechanical ($200.00) + Total Square Feet ________ x $.10 |
Plumbing ($200.00) + Total Square Feet ________ x $.10 |
Site Development ($200.00) + Total Square Feet ________ x $.10 |
Self Certification Inspection Electrical Tag $5.00 |
Re-inspection Fee = Total Square Feet ________ x $.10 for each trade as required |
|
(Without State Design Release), Total Square Feet ________ x $.25 |
Electrical ($200.00) + Total Square Feet ________ x $.25 |
Structural ($200.00) + Total Square Feet ________ x $.25 |
Mechanical ($200.00) + Total Square Feet ________ x $.25 |
Plumbing ($200.00) + Total Square Feet ________ x $.25 |
Site Development ($200.00) + Total Square Feet ________ x $.25 |
Self Certification Inspection Electrical Tag $5.00 |
Re-inspection Fee = Total Square Feet ________ x $.10 for each trade as required |
|
Temporary Building/Structure |
Flat fee ($200.00) |
(Ord. 13.04 § 1-9, passed 7-16-2012; Am. Ord. 13.04 § 1-9, passed 6-17-2013; Am. Ord. 13.04 § 1-9, passed 3-21-2022)
ARTICLE II. INSPECTION, REPAIR OR REMOVAL OF UNSAFE BUILDINGS
13.04.100 TITLE.
Under the provisions of I.C. 36-7-9, there is established the City of Southport unsafe building law. (Ord. 13.04 § 1-10, passed 7-16-2012; Am. Ord. 13.04 § 1-10, passed 6-17-2013)
13.04.110 UNSAFE BUILDING LAW INCORPORATED BY REFERENCE.
I.C. 36-7-9-1 through 36-7-9-28, together with all hearing requirements, is incorporated by reference in the City of Southport unsafe building law. All proceedings within the City of Southport for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this chapter. In the event the provisions of this chapter conflict with the provisions of I.C. 36-7-9-1 through 36-7-9-28, then the provisions of the state statute shall control. (Ord. 13.04 § 1-11, passed 7-16-2012; Am. Ord. 13.04 § 1-11, passed 6-17-2013)
13.04.120 PUBLIC NUISANCES.
All buildings or portions thereof within the City of Southport which are determined after inspection by the Building Commissioner or designee to be unsafe as defined in this chapter are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, in accordance with the procedure specified in the City of Southport unsafe building law. (Ord. 13.04 § 1-12, passed 7-16-2012; Am. Ord. 13.04 § 1-12, passed 6-17-2013)
13.04.130 ROLE OF BUILDING COMMISSIONER.
The City of Southport Building Commissioner, as chief administrative officer, and after consultation with appropriate City officials and/or agencies, shall be authorized to administer and to proceed under the provisions of said law in ordering the repair or remodel of any buildings found to be unsafe as specified therein or as specified hereafter. (Ord. 13.04 § 1-13, passed 7-16-2012; Am. Ord. 13.04 § 1-13, passed 6-17-2013)
13.04.140 GUIDELINES.
Wherever, in the building regulations of the City of Southport or the City of Southport unsafe building law, it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner, or any other officer or agency of the City of Southport, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance have been complied with and no such provisions shall be construed as giving any officer or agency discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner. (Ord. 13.04 § 1-14, passed 7-16-2012; Am. Ord. 13.04 § 1-14, passed 6-17-2013)
13.04.150 UNSAFE BUILDING DEFINED.
The definition of an unsafe building contained in I.C. 36-7-9-4 is supplemented to provide minimum standards for building condition or maintenance in the City of Southport, Indiana, by adding the following to said definition:
UNSAFE BUILDING means any building or structure which has any or all of the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered:
(A) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, or torn to not provide means of exit in case of fire or panic.
(B) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(C) Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than was required under the Indiana Building Code that was in effect at the time of construction.
(D) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse.
(E) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(F) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(G) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing or outside walls or covering.
(H) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated so as to become (1) an attractive nuisance to children, or (2) freely accessible to persons for the purpose of committing unlawful acts.
(I) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this town, or of any law or ordinance of this state, county or city relating to the condition, location, or structure of buildings.
(J) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any nonsupporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics required by rules of the Fire Prevention and Building Safety Commission in effect at the time of construction.
(K) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (Ord. 13.04 § 1-15, passed 7-16-2012; Am. Ord. 13.04 § 1-15, passed 6-17-2013)
13.04.160 DEFINITION OF SUBSTANTIAL PROPERTY INTEREST.
The definition of “substantial property interest” set forth in I.C. 36-7-9-2 is incorporated by reference herein as if copied in full. (Ord. 13.04 § 1-16, passed 7-16-2012; Am. Ord. 13.04 § 1-16, passed 6-17-2013)
13.04.170 STANDARDS AND PRACTICES IN THE TRADE.
All work for the reconstruction, repair, or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices required in the licensed trades. All contractors performing work in the trades, except plumbers licensed by the state, must be licensed by the City of Southport. General contractors must be listed with the City of Southport and must be bonded and have insurance. All contractors must meet minimum insurance and bonding requirements as set forth in this section. If the contractor is licensed by the City of Indianapolis, the City of Southport will grant reciprocity except for plumbers licensed by the state. The provisions of the building laws, as defined by I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this chapter or orders issued pursuant to this chapter by the Building Commissioner or designee of the City of Southport, Indiana. In the event an applicant does not have an existing license, the Board of Public Works will accept a passing score from a recognized and approved testing organization and issue a license based on the minimum requirements of that testing organization. All licensing and listing of contractors are subject to review and are issued at the discretion of the Board of Public Works of the City of Southport.
(A) Listing and license fees. Upon making application for any listing or license permit, the contractor filing such application shall pay to the Clerk-Treasurer the following fees:
(1) General Contractor Listing Fee |
$150.00 |
|
(2) HVAC License |
|
|
|
Unrestricted |
200.00 |
|
Restricted |
150.00 |
(3) Electrical License |
|
|
|
Master Electrician |
200.00 |
|
Residential |
150.00 |
Contractors shall provide certificate of insurance indicating the amounts of coverage that meet or exceed the following minimums:
General liability coverage of $100,000 for each occurrence of property damage and $500,000 for each occurrence of death or bodily injury with the City of Southport named as additional insured.
Surety bond in the amount of $10,000 with the “City of Southport and/or an unknown third party” named as obligee. (Ord. 13.04 § 1-17, passed 7-16-2012; Am. Ord. 13.04 § 1-17, passed 6-17-2013)
13.04.180 ADMINISTRATOR AND HEARING AUTHORITY.
The Building Commissioner of the City of Southport is designated the administrator responsible for the administration of this chapter in accordance with the provisions of I.C. 36-7-9-3; and the Advisory Plan Commission of the City of Southport is designated the hearing authority for the purpose of conducting hearings in accordance with I.C. 36-7-9-7. (Ord. 13.04 § 1-18, passed 7-16-2012; Am. Ord. 13.04 § 1-18, passed 6-17-2013)
13.04.190 UNSAFE BUILDING FUND.
An Unsafe Building Fund is established in the operating budget of the City in accordance with the provisions of I.C. 36-7-9-14. (Ord. 13.04 § 1-19, passed 7-16-2012; Am. Ord. 13.04 § 1-19, passed 6-17-2013)
13.04.200 PENALTIES.
No person, firm, or corporation, whether as owner, lessee, subleasee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the Building Commissioner.
Any person violating the provisions of this chapter may be fined in an amount not to exceed $2,500 for each day such violation continues. (Ord. 13.04 § 1-20, passed 7-16-2012; Am. Ord. 13.04 § 1-20, passed 6-17-2013)
ARTICLE III. BUILDING CODE
13.04.210 COMPLIANCE REQUIRED.
The provisions of this code apply to the construction, alteration, repair, use, occupancy, and addition to all buildings and structures, other than industrial building systems or mobile structures certified under I.C. 22-15-4 in the jurisdiction of the Southport Board of Public Works. (Ord. 13.04 § 1-25, passed 7-16-2012; Am. Ord. 13.04 § 1-25, passed 6-17-2013)
13.04.220 REVIEW OF APPLICATION.
Prior to the issuance of any building permit using the required building permit application form, the Building Commissioner or designee shall:
(A) Review all building permit applications to determine full compliance with the provisions of this code.
(B) Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding.
(C) Review building permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair (1) uses construction materials and utility equipment that are resistant to flood damage, and (2) uses construction methods and practices that will minimize flood damage.
(D) Review building permit applications for new construction or substantial improvements within the flood plain area having special flood hazard to assure that the proposed construction (including prefabricated and mobile homes) (1) is protected against flood damage, (2) is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, flood damage, and (3) uses construction methods and practices that will minimize flood damage.
(E) Review building permit applications for a permit or letter of authorization, from the Department of Natural Resources, if the project is within the 100-year frequency flood plain. (Ord. 13.04 § 1-26, passed 7-16-2012; Am. Ord. 13.04 § 1-26, passed 6-17-2013)
13.04.230 PERMIT ISSUANCE PROCESS.
Building permits shall be issued in accordance with the building permit rules and regulations, as adopted by the City of Southport Board of Public Works. (Ord. 13.04 § 1-27, passed 7-16-2012; Am. Ord. 13.04 § 1-27, passed 6-17-2013)
13.04.240 INSPECTIONS.
After the issuance of any building permit, the Building Commissioner shall make, or shall cause to be made, inspections of the work being done as are necessary to insure full compliance with the provisions of this code and the terms of the permit. Re-inspections of work found to be incomplete or not ready for inspection are subject to assessment of re-inspection fees as prescribed in this code. (Ord. 13.04 § 1-28, passed 7-16-2012; Am. Ord. 13.04 § 1-28, passed 6-17-2013)
13.04.250 INSPECTION ASSISTANCE.
The Indianapolis Fire Department, the Fire Marshal or their designated representative may assist the Building Commissioner or designee in the inspection of fire suppression, detection and alarm systems and shall provide reports of such inspection to the Building Commissioner. (Ord. 13.04 § 1-29, passed 7-16-2012; Am. Ord. 13.04 § 1-29, passed 6-17-2013)
13.04.260 ENTRY.
Upon presentation of proper credentials, the Building Commissioner, the Fire Chief, the Fire Marshal, or their duly authorized representatives may enter at reasonable times any building, structure or premises in the City of Southport to perform any duty imposed upon him by this code. (Ord. 13.04 § 1-30, passed 7-16-2012; Am. Ord. 13.04 § 1-30, passed 6-17-2013)
13.04.270 WORKMANSHIP.
Any work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade. (Ord. 13.04 § 1-31, passed 7-16-2012; Am. Ord. 13.04 § 1-31, passed 6-17-2013)
13.04.280 CERTIFICATE OF OCCUPANCY.
No certificate of occupancy for any building or structure erected, altered or repaired after October 2008 shall be issued unless such building or structure was erected, altered or repaired in compliance with the provisions of this article. The permit holder shall be responsible for requesting a final inspection and receiving a certificate of occupancy from the Building Commissioner or authorized representative prior to allowing a building or structure to be occupied. It shall be unlawful to occupy any such building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Building Commissioner or authorized representative. (Ord. 13.04 § 1-32, passed 7-16-2012; Am. Ord. 13.04 § 1-32, passed 6-17-2013)
13.04.290 STOP-WORK ORDER.
Whenever the Building Commissioner or his/her authorized representative discovers the existence of any of the circumstances listed below, he/she is empowered to issue an order requiring the suspension of the pertinent construction activity. The stop-work order shall be in writing and shall state to which construction activity it is applicable and the reason for its issuance. The stop-work order shall be posted on the property in a conspicuous place and, if conveniently possible, shall be given to the person doing the construction and to the owner of the property or his agent. The stop-work order shall state the conditions under which construction may be resumed and such construction shall not resume until written authorization of the Building Commissioner.
The circumstances under which stop-work orders may be issued are the following:
(A) Construction activity is proceeding in an unsafe manner, cleanliness of construction site, including, by way of example and not of limitation, in violation of any standard set forth in this chapter or any state standard pertaining to safety during construction.
(B) Construction activity occurring in violation of building standards and procedures or in such a manner that if construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation.
(C) Construction activity has been accomplished in violation of building standards and procedures and a period of time which is one-half the time period in which construction would be completed, but no longer than 15 calendar days have elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the construction, without the violation or noncompliance being corrected.
(D) Construction activity for which a building permit is required is proceeding without a building permit being in force. In such an instance, the stop-work order shall indicate that the effect of this order terminates if the required building permit is obtained.
(E) Construction activity for which a building permit is issued more than 30 days earlier is proceeding without there being in force applicable permits and approvals required by governmental units (including, but not limited to, the State Board of Health, State Department of Environmental Management, State Department of Natural Resources and State Department of Transportation) for compliance with standards for air quality, drainage, flood control, fire safety, vehicular access, and waste treatment and disposal on the real estate on which the structure is located. In such an instance, the stop-work order shall indicate that the order is applicable to all construction activity allowed by the building permit and that the effect of the order terminates if the required permits and approvals are obtained.
(F) Construction activity is occurring for which a certificate of appropriateness from the State Historical Preservation Commission pursuant to I.C. 36-7-11.1-1 et seq. without a certificate of appropriateness being in force. In such an instance, the stop-work order shall indicate that the effect of the order terminates if the required certificate of appropriateness is obtained. (Ord. 13.04 § 1-33, passed 7-16-2012; Am. Ord. 13.04 § 1-33, passed 6-17-2013)
13.04.300 APPEALS.
All persons shall have the right to appeal the Building Commissioner’s decision first through the Board of Public Works, then to the Southport City Council, and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of I.C. 22-13-2-7 and 4-21.5-5-3-7. (Ord. 13.04 § 1-34, passed 7-16-2012; Am. Ord. 13.04 § 1-34, passed 6-17-2013)
13.04.310 VIOLATIONS AND PENALTIES.
A violation of this article constitutes an offense punishable by a fine of not more than $500 per day, and each day of violation shall be deemed to constitute a separate such offense. (Ord. 13.04 § 1-35, passed 7-16-2012; Am. Ord. 13.04 § 1-35, passed 6-17-2013)
13.04.320 VIOLATIONS – INJUNCTIONS.
Action on the violation of any provision of this article and the right of injunction against such violation shall be as provided by Indiana law. (Ord. 13.04 § 1-36, passed 7-16-2012; Am. Ord. 13.04 § 1-36, passed 6-17-2013)
ARTICLE IV. WRECKING AND DEMOLITION OF BUILDINGS DUST REDUCTION AND PREVENTION
13.04.330 PERMIT REQUIRED.
It shall be unlawful to wreck or demolish any building or permanently fixed structure existing in the City of Southport without first securing a permit therefor. (Ord. 13.04 § 1-40, passed 7-16-2012; Am. Ord. 13.04 § 1-40, passed 6-17-2013)
13.04.340 APPLICATION.
An application for a permit to wreck or demolish any permanently fixed building or structure exceeding 120 square feet in the City of Southport shall be made in writing to the Building Commissioner, the Fire Marshal or to any utility company serving the premises and to the owners or agents of adjoining premises. Such application shall give the location of the building or structure, the specific location of all utility connections, and the date when wrecking or demolition is to take place. The applicant shall comply with the accepted demolition specifications for site clearing, construction waste management and disposal, structure demolition and selective structural demolition as determined by the City of Southport. (Ord. 13.04 § 1-41, passed 7-16-2012; Am. Ord. 13.04 § 1-41, passed 6-17-2013)
13.04.350 DEPOSITS.
Before a permit is issued, the applicant shall submit a performance bond, certified check, cashier’s check or money order to be held in escrow to the Building Commissioner to insure that the property is in a proper and safe condition after such wrecking or demolition. The performance amount so required shall be in the following sum:
(A) For buildings not exceeding a total of 3,000 square feet, $1,000.
(B) For buildings not exceeding a total of 10,000 square feet, $1,500.
(C) For buildings not exceeding a total of 20,000 square feet, $2,000.
(D) For buildings not exceeding a total of 50,000 square feet, $3,000.
(E) For buildings not exceeding a total of 100,000 square feet, $4,000.
(F) For buildings exceeding a total of 100,000 square feet, $4,000 plus an additional $1,000 for each additional 10,000 square feet.
By safe and proper conditions is meant that all debris is cleared away, that any excavation remaining is either filled in and tamped down or surrounded by a fence at least six feet in height, if such property is not to be put to immediate use.
If the Building Commissioner finds that such property has been put into the proper condition as provided for in this section, he shall release such performance bond, certified check, cashier’s check or money order. If the site is not cleared or put into a safe condition or work commenced to do so, within 10 days of the conclusion of the wrecking or demolition, the City of Southport shall then proceed with the work and a claim made against such bond. (Ord. 13.04 § 1-42, passed 7-16-2012; Am. Ord. 13.04 § 1-42, passed 6-17-2013)
13.04.360 PUBLIC LIABILITY INSURANCE.
A certificate of insurance reflecting that the obtainer of the building permit has a public liability and property damage insurance policy naming the licensee and the City of Southport as the assured and providing also for the payment of any liability imposed by law on such licensee or the City of Southport in the minimum amounts of $1,000,000 for any occurrence relative to which there is injury to or death of one or more persons and $500,000 for any occurrence relative to which there is property damage. Also included shall be certificates of insurance for workman’s compensation and auto/truck insurance. (Ord. 13.04 § 1-43, passed 7-16-2012; Am. Ord. 13.04 § 1-43, passed 6-17-2013)
13.04.370 INSPECTIONS.
Before any such permit shall be approved, the Building Commissioner shall inspect the premises where the wrecking and demolition work is to take place and to ascertain that provision for proper care has been made so as not to endanger any sewer or water connections with the City of Southport sewer and water systems, or any electrical wires or installations. (Ord. 13.04 § 1-44, passed 7-16-2012; Am. Ord. 13.04 § 1-44, passed 6-17-2013)
13.04.380 ISSUANCE PROCEDURE.
If the Building Commissioner finds that the terms of this article are being complied with by the applicant and written confirmation from the affected utility that service is disconnected, he shall approve the application and issue a permit for such wrecking or demolition. (Ord. 13.04 § 1-45, passed 7-16-2012; Am. Ord. 13.04 § 1-45, passed 6-17-2013)
13.04.390 FEES.
The following fees shall be collected for a permit for such wrecking or demolition:
Residential Demolition $100 + Total square feet _____________ x $.10 |
Commercial Demolition $200 + Total square feet _____________ x $.25 |
(Ord. 13.04 § 1-46, passed 7-16-2012; Am. Ord. 13.04 § 1-46, passed 6-17-2013)
13.04.400 DUTIES REQUIRED.
All work of such wrecking or demolition shall be performed in a good and workmanlike manner and with the least amount of noise possible. Care shall be taken to protect adjoining or neighboring structures with adequate shoring and whatever other measures are required to protect such structures. Signs stating “Wrecking and demolition work in progress – No trespassing” shall be erected on each side of a building or structure that faces a public street or alley. Adequate protection shall be provided to prevent injury to any City or public utility appurtenances. It shall be the duty of all persons working on or responsible for such wrecking or demolition to assure that children are warned away from such premises and are not permitted to play in, or on, or to frequent such structures. During the demolition of any structure, all reasonable dust control efforts will be undertaken. Such dust control efforts will include without limitation the use of sufficient water to wet the building or portion of the building being demolished to keep dust from the demolition to a minimum. Dust control provisions for any demolition will be presented with the original application for a demolition permit and be subject to the approval of the Building Commissioner. All reasonable precautions will be taken for health, safety and welfare concerning any hazardous materials. (Ord. 13.04 § 1-47, passed 7-16-2012; Am. Ord. 13.04 § 1-47, passed 6-17-2013)
13.04.410 VIOLATIONS.
Any person, firm or corporation violating any provision of this article may be fined in an amount not to exceed $2,500, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 13.04 § 1-48, passed 7-16-2012; Am. Ord. 13.04 § 1-48, passed 6-17-2013)