[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg 3-21-2005
by L.L. No. 2-2005. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The application for a permit to demolish a building or structure.
That portion of a building that is partly below grade and which has
more than half of its height, measured from floor level to ceiling, above
the average established curb level or finished grade of the ground adjoining
the building.
A combination of any materials, whether portable or fixed, as a structure
wholly or partially enclosed within exterior walls or within exterior or party
walls and having a roof, affording shelter to persons, animals or property.
The word "building" shall be construed, when used herein, as though followed
by the words "or part or parts thereof."
That portion of a building that is partly or entirely below grade,
which has more than half its height, measured from floor to ceiling, below
the average established curb level or finished grade of the ground adjoining
the building.
The Code Enforcement Officer of the Village of Hamburg.
That person, firm or corporation employed by the owner of the property,
empowered by written consent of the owner to perform the specific duty of
demolition as may be specified in authorizing permits.
The alteration of an existing building or structure, the purpose
of such alteration being the discontinuance of the existing building or structure
or a portion thereof. Demolition shall not include the repairing, remodeling
or extending of an existing building or structure where such is incidental
to the improvement of that building or structure, and the primary intent is
shown to be that of repairing, remodeling or extending the existing building
or structure.
The permit for demolition of an existing building or structure.
The actual confines of the demolition. The location, as described
in the application for permit and as approved by the Code Enforcement Officer
therein, shall be the only area approved for the demolition.
The Mayor of the Village of Hamburg.
The person who has the legal title to land, together with ownership
of the building or structure location thereon, whose name appears on the most
recent tax assessment rolls of the Village of Hamburg.
A street, alley, sidewalk or other thoroughfare or easement permanently
established for passage of persons or vehicles. The term "public way" shall
be construed, when used herein, as though followed by the words "or part thereof."
Component parts of a building or structure being demolished, removed
or to be removed from said building or structure for reuse or resale.
A person, firm or corporation identified in the application for demolition,
authorized by the owner, in writing, to remove items of salvage from premises,
which may or may not be the same person, firm or corporation designated by
the owner as the demolition contractor.
A combination of materials, other than a building, to form a construction
that is safe and stable, and includes, among other things, stadiums, platforms,
radio towers, sheds and storage bins.
A.
No person shall demolish an existing building or structure having a gross floor area or base area of 500 square feet or more within the Village of Hamburg without first obtaining a demolition permit, signed by the Code Enforcement Officer and the Mayor, allowing such demolition. Such permit shall be applied for and issued to the owner of the property. Except in emergency situations (see Chapter 127), no demolition permit shall be issued in less than eight business days from the date the application is received by the Code Enforcement Officer.
B.
No demolition permit will be issued for demolition of an historically designated landmark or a structure identified as eligible for inclusion on the National Register of Historic Places or any structure, property or landmark located within an Historic District, without the applicant first obtaining a certificate of appropriateness, as required by Chapter 44 of this Code.
C.
Form; contents.
(1)
Written application for a demolition permit shall be
on the forms provided by the Village of Hamburg Code Enforcement Officer's
office.
(2)
Said application shall require the name, address and
telephone number of the owner; the names, addresses and telephone numbers
of all contractors (general, special or salvage) authorized by the owner to
perform work; insurance coverage information, including the name of each insurance
company, policy number and date of expiration of policy; a written description
of the building or structure to be removed; starting and completion dates;
a written list of materials to be salvaged; provisions for disposal of refuse;
and a statement to security and/or barricades to safeguard premises from unauthorized
entry during the demolition work, as well as the protection of the general
public.
(3)
Each application shall be accompanied by preliminary
plans for the replacement structure and/or any intended improvement of the
property.
D.
A filing fee shall accompany all demolition permit applications.
Said filing fee shall be paid to the Village Clerk and is nonrefundable in
the event that the permit applied for is denied. The fee for a demolition
permit shall be established by the Board of Trustees of the Village of Hamburg.[1]
E.
Within 24 hours of the receipt of an application for
a demolition permit, the Code Enforcement Officer shall deliver a copy of
the application to the Village Clerk, the Mayor, and the chairperson of the
Historic Preservation Committee.
A.
As part of the application for a demolition permit, a
certificate of insurance for liability shall be delivered to the Code Enforcement
Officer of the Village of Hamburg, as agent for the Village of Hamburg. The
minimum limits of said liability for the demolition of buildings and structures,
whether in a homeowner's insurance policy or separate liability policy,
shall be a combined single limit of $500,000 or equivalent.
B.
All insurance certificates shall include the Village
of Hamburg as an additional named insured.
C.
Insurance certificates or agreements in a form approved
by the Village Attorney, holding the Village of Hamburg, its officers and
employees from liability resulting from work allowed by a demolition permit,
shall be delivered to the Code Enforcement Officer as agent for the Village
of Hamburg.
A.
Upon the request of the Code Enforcement Officer, the
person making the application for a permit to demolish a building or structure
shall submit to the Code Enforcement Officer a written report from a licensed
exterminator regarding extermination of the building or structure prior to
the issuance of a demolition permit. A written report from a licensed professional
shall be submitted for asbestos removal/abatement and lead removal/investigation.
An approved mitigation/abatement/removal plan is required prior to issuance
of a demolition permit. A written report from a licensed professional shall
be submitted for asbestos removal/abatement and lead removal/mitigation. An
approved mitigation/abatement/removal plan is required prior to issuance of
a demolition permit.
B.
Prior to demolition, the contractor will erect a system
of barricades around the construction site and have the electric, gas and
telephone services removed by the respective utility companies. Water service
and sewer laterals to the building or structure being demolished shall be
disconnected and removed back to the edge of the property line and capped,
unless there is an approved site plan by the Planning Board stating that the
existing utility line will be reused. All utilities, water and sewer disconnection
shall be inspected and approved by the Code Enforcement Officer prior to demolition.
C.
The contractor shall obtain appropriate approval for
the water use on the site from the Code Enforcement Officer for dust control
and have sufficient lengths of one-and-one-half-inch and/or two-and-one-half-inch
hose for this purpose. The contractor shall provide a flagman for traffic
control when necessary, and should a street have to be closed, he shall obtain
written permission from the Superintendent of Public Works, the Chief of Police
and the Fire Chief.
D.
In the case of the demolition of an existing building
which has a common or party wall with one or more adjoining buildings, the
owner of the building to be demolished shall be responsible for and bear all
costs in relation to the safeguarding of said adjacent wall.
E.
Where beams, girders and joists are removed from party
walls, the resulting pockets in said walls shall be cleaned out and filled
with solid masonry. Necessary repairs shall be made to put the party wall
in a safe and weathertight condition. This work shall be done by the contractor
at the expense of the property owner having said demolition performed.
F.
Where such demolition work is to be made and no immediate
new construction is intended at the site, the adjacent wall, whether of the
party type or otherwise, shall be left in an acceptable condition so far as
appearance is concerned. In addition to the repair of all joists, pockets
and similar openings, the owner of the demolished building will be required
to remove all old plaster, wallpaper and other decorative material, in addition
to any loose wood, trim or other unrequired material, subject to the approval
of the Code Enforcement Officer.
G.
During the demolition work, debris must be systematically
removed from the site and not allowed to pile up or cause any obstruction.
H.
When a building to be demolished contains a cellar or
basement, the contractor shall remove all debris and organic material from
the cellar or basement and then break up and/or perforate the cellar floor.
The bearing or foundation wall shall be removed to a depth of at least 24
inches below the present grade or at least 24 inches below any future grade
to be established. The material resulting from the cellar or foundation wall
demolition may remain in the excavation, provided that the material is crushed
and compacted.
I.
Where there is no cellar or basement, the bearing or
foundation wall shall be removed to a depth of at least 24 inches below any
future grade to be established.
J.
The Code Enforcement Officer shall inspect the demolition
of any building or structure in the Village regularly and shall be empowered
to halt any such demolition that, in the judgment of the Code Enforcement
Officer, is not being performed in a safe and sanitary manner.
K.
Demolition of any building or structure shall be carried
on during daylight hours only on normal Village workdays.
L.
Salvage materials that are a structural part of the building
or structure shall not be removed, except as part of the actual demolition
of said building or structure. Removal of salvage shall be by the owner or
salvage contractor only.
M.
In-ground storage tanks on the demolition site shall
be removed from the demolition site.
N.
No explosives may be used in connection with demolitions
of buildings or structures in the Village of Hamburg unless a special permit
is first obtained from the Village Board of Trustees of the Village of Hamburg,
issued after a public hearing has been held by such Village Board of Trustees
on the application for such permit.
A demolition permit shall be valid for a period of 30 days. One additional
extension of 10 working days may be granted by the Code Enforcement Officer
in the event that unusual circumstances prevent completion of the work. No
work shall continue after the time limits stated above, except upon application
and issuance of a renewal permit, subject to the term and conditions of this
chapter and any additional terms or conditions as may be required by the Code
Enforcement Officer and the Mayor.
A.
All cellars and basements of demolished buildings or
structures shall be filled in and made safe by filling such basement or cellar
with noncombustible materials and causing the surface of the location to be
on a level with the surrounding premises. No materials will be permitted as
fill which may corrode, rot, decay or collapse. All barricades, guardrails
and temporary structures erected during demolition shall be removed prior
to completion approval by the Code Enforcement Officer.
B.
In the event that the owner refuses or neglects to fill
in and make safe such cellar or basement, or refuses or neglects to dismantle
and remove any barricades, guardrails or temporary structures erected during
demolition, the Village of Hamburg may do the necessary work involved, either
with Village employees or outside contractors, and the cost of making the
location safe shall be assessed against such property and shall be a lien
thereon.
Immediately after said demolition, the Code Enforcement Officer shall
notify the Village Clerk and the property owner, in writing, that said demolition
for which a permit was issued has been completed.
Any person committing an offense against any provisions of this chapter
shall be guilty of a violation, punishable as follows: by imprisonment for
a term not exceeding 15 days or by a fine not exceeding $250, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
The invalidity of any part, clause, section or provisions of this chapter
shall not invalidate any other part, clause, section or provision hereof.
This chapter shall become effective immediately.
